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HomeMy WebLinkAboutC-7858-1 - Contract for the Improvement of Public Work - Civic Center Sewer Lift Station Lid ReplacementCONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK pp CIVIC CENTER SEWER LIFT STATION LID REPLACEMENT WITH (� BUNKER CONSTRUCTION, INC. U THIS CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK ("Contract') is made and entered into as of this 15th day of June, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and BUNKER CONSTRUCTION, INC., a California corporation ("Contractor"), whose principal place of business is 49299 Cochran Dr. Indio, CA 92201, 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 desires to engage Contractor to: The work necessary for the completion of this contract consists of removing the existing lift station lid located in the basement of the Civic Center; preparing existing vault for new lid; procuring and installing new gas-tight vault lid; and performing all repairing or restoration work necessitated by the installation, as more fully described in the Contract Documents ('Project'). C. City has solicited and received a proposal from Contractor and desires to retain Contractor to render services under the terms and conditions set forth in this Contract. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Contract over a period of 15 Consecutive days commencing upon issuance of the "Notice to Proceed". NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Contract shall commence on the Effective Date and shall terminate on June 1, 2021, unless terminated earlier as provided for herein. 2. SCOPE OF WORK 2.1. Contract Documents. The complete Contract for the Project includes all of the following documents: Request for Proposals/Bids, Instructions to Bidders, Proposal, and Designation of Subcontractors, attached hereto as Exhibit A; Proposal, attached hereto as Exhibit B; Insurance Requirements, attached hereto as Exhibit C; Labor and Materials Payment Bond attached hereto as Exhibit D; Faithful Performance Bond, attached hereto as Exhibit E; all Project Permits; the Standard Special Provisions and Standard Drawings; Plans and Special Provisions for Contract No. 7858-1; 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"). Exhibits A, B, C, D and E, and all other named Contract Documents, 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. 2.2. 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 as identified in the Contract Documents ("Work" or "Services"). 2.3. 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. TIME OF PERFORMANCE 3.1. Time is of the essence in the performance of Work under this Contract and Contractor shall complete the Work within 15 Consecutive days from the date of issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted may result in termination of the Contract by City and assessment of damages as outlined in Section 3.2. 3.2. The parties agree that it is extremely difficult and impractical to determine and fix the actual damages that City will sustain should Contractor fail to complete the Project within the time allowed. Should Contractor fail to complete the Work called for in this Contract within 15 Consecutive days from the date of issuance of the Notice to Proceed, Contractor agrees to the deduction of liquidated damages in the sum of One Thousand Five Hundred Dollars ($1,500.00) for each calendar day beyond the date scheduled for completion. 4. COMPENSATION 4.1. 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 Thirty Four Thousand Five Hundred Forty Three Dollars ($34,543.00), less any money deducted pursuant to Section 3.2. Contractor shall not receive any additional compensation unless approved in writing in advance by City's Project Administrator as defined herein. City shall make full payment to Contractor no later than thirty (30) calendar days after acceptance of the Work by City. Bunker Construction, Inc. Page 2 4.2. This compensation includes: 4.2.1. Any loss or damage arising from the nature of the Work; 4.2.2. Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 4.2.3. 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. 5. 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 Jason Bunker 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. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Director of Public Works, 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 Services to be rendered pursuant to this Contract. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1. Contractor shall use only the standard materials and equipment as described in the Contract Documents in performing Work under this Contract. Any deviation from the materials or equipment described in the Contract Documents shall not be utilized unless approved in advance by the Project Administrator. 7.2. Contractor shall comply with the terms and conditions of the Contract Documents. 7.3. All of the Work shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Contract, and that it will perform all Work in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. 7.4. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Contract, all applicable federal, state and local laws, and legally recognized professional standards. Bunker Construction, Inc. Page 3 7.5. Contractor represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Contract. 7.6. Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. CHANGE ORDERS 8.1. This Contract may be amended or modified only by mutual written agreement of the parties. 8.2. The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 8.3. There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1. 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. 9.2. 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. 9.3. 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 Bunker Construction, Inc. Page 4 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). 9.4. 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. 9.5. 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. 9.6. 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. 9.7. 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. 9.8. The rights and obligations set forth in this Section shall survive the termination of this Contract. 10. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. Bunker Construction, Inc. Page 5 11. 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 Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator and/or designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings have been scheduled or are desired. 14. BONDING 14.1. 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 E 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 D and incorporated herein by reference. 14.2. 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. 14.3. 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. ibklKII1:71.1434 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 this Contract, 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. Bunker Construction, Inc. Page 6 16. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of perdiem 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 perdiem 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. 17. PREVAILING WAGES 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. 18. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the Work to be performed 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 co -tenant 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. 19. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Proposal attached as Exhibit B. 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 Bunker Construction, Inc. Page 7 under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 20. OWNERSHIP OF DOCUMENTS 20.1. Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Contract, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 20.2. Documents, including drawings and specifications, prepared by Contractor pursuant to this Contract, are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Contract by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 21. RECORDS Contractor shall keep records and invoices in connection with the Work to be performed under this Contract. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Contract and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Contract. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, documents, proceedings and activities related to the Contract for a period of three (3) years from the date of final payment to Contractor under this Contract. 22. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. Bunker Construction, Inc. Page 8 23. CONFLICTS OF INTEREST 23.1. 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 seg., 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. 23.2. If subject to the Act and/or Government Code §§ 1090 et sea., 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. 24. NOTICES 24.1. All notices, demands, requests or approvals to be given under the terms of this Contract shall be given in writing, to City by Contractor 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. 24.2. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Director of Public Works Public Works City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 24.3. All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Jason Bunker Bunker Construction, Inc. 49299 Cochran Dr. Indio, CA 92201 25. NOTICE OF CLAIMS 27.1 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. Contractor Bunker Construction, Inc. Page 9 and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Govt. Code §§ 900 et seq.). 27.2 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.). 26. TERMINATION 26.1. In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 26.2. 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. 27. 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 as defined by the Contract Documents, 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. 28. STANDARD PROVISIONS 28.1. Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. Bunker Construction, Inc. Page 10 28.2. 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 and City. 28.3. Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4. 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. 28.5. 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. 28.6. 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. 28.7. 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. 28.8. 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. 28.9. Controllinq 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. 28.10. 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. 28.11. No Attorney's Fees. In the event of any dispute or legal action arising under this Contractor, the prevailing party shall not be entitled to attorneys' fees. Bunker Construction, Inc. Page 11 28.12. 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 and the same instrument. [SIGNATURES ON NEXT PAGE] Bunker Construction, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 91112a 20 By: Aaron C. Harp \pao City Attorney dD ATTEST: Date: 744-07-6 XB: Brow` City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: - -9A-2,626 By: x '49 David A. Webb Director of Public Works CONTRACTOR: BUNKER CONSTRUCTION, INC. a California corporation Date: Signed in Counterpart 0 Jason Bunker Chief Executive Officer Date: By: Signed in Counterpart Leslie Bunker Secretary [END OF SIGNATURES] Attachments: Exhibit A — Request for Proposals/Bids Exhibit B — Proposal Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond Bunker Construction, Inc. Page 13 IN WITNESS WHEREOF, the parties have caused this Contract to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 06/(1lZo20 By: a T.,r;Aaron C. Harp tp.a0 City Attorney ma- ATTEST: Date: 0 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: David A. Webb Director of Public Works CONTRACTOR: BUNKER CONSTRUCTION, INC. a Californ'!p corp ration Date: By: n Bun <er ief Executive Officer Date: 16�Z9 -600 By: Leslie Bunker Secretary [END OF SIGNATURES] Attachments: Exhibit A - Request for Proposals/Bids Exhibit B - Proposal Exhibit C - Insurance Requirements Exhibit D - Labor and Materials Payment Bond Exhibit E - Faithful Performance Bond Bunker Construction, Inc. Page 13 City of Newport Beach CIVIC CENTER SEWER LIFT STATION LID REPLACEMENT Contract No. 7858-1 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 vBIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) (/DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) V CONTRACTOR'S INDUSTRIAL SAFETY RECORD VFORMATION REQUIRED OF BIDDER ✓ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID QPENING DATE (if any; Contractor shall confirm via PlanetBids) VTECHNICAL 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 Date (Bid Due Date.) 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, 2ntl 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. 3. 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 Callfomia, 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 by the Bid Opening Date (Bid Due Date.) 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. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. 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. 7. In accordance with the California Labor Code (Sections 1770 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Acr. 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 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 within 60 days. Any disputed portion of the claim shall be submitted 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. t 0,;4kp" 3 Class K / C60 Contractor's License No. & Classification uthorized�Signature�Mtie— t coob SSS 1 S DIR Registration Number & Expiration Date 9%>v\kGf C-O(\S}YUC -i0(1 r l n . Bidder Date { Bond No. CSBA-13847 City of Newport Beach CIVIC CENTER SEWER LIFT STATION LID REPLACEMENT Contract No. 7858-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Amount of the Bid Dollars ($ to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the project of Central Library Chiller Maintenance and Condenser Relocation, Contract No. 7776-1 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 13th day of May X202200 , 86*SL Bunker Construction, Inc. dba Bunker Engineering.w� 7 e �7 Name of Contractor (Principal) /Authorize Signature/Tftl 1 Western Surety Company Name of Surety uthortze F 'nt Signature 101 S. Reid Street, Suite 300, Sioux Falls, SD 57103 Michael D. Stong, Attorney -In -Fact Address of Surety Print Name and Title (800)331-6053 Telephone (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On May 13, 2020 before me, R. Nappi , Notary Public (insert name and title of the officer) personally appeared Michael D. Stong who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R NAPPI WITNESS my hand and official seal. Z COMM. N 2152652 0 sa. NOTARY PUBLIC- CALIFORNIA 1 't� RIVERSIDE COUNTY QMy Comm. EIP. June 7, 2020 Signature ie' / 2 (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 GS 0� Q ss. On 2C 7Z- before me, uxeiK �2t�ts(p Ajpp� Notary Public, personally appeared _cis' l- p„),d KW. who proved to me on the basis of satisfactory evidence to be the personS4 whose name s}• is/are subscribed to the within instrument and acknowledged to me that he/stie/thawexecuted the same in his/hef/thgir authorized capacity(iW, and that by his/tber/tVir signaturesxon the instrument the person0', or the entity upon behalf of which the personX acted, executed the instrument. I certify under PENALTY OF PERJURY underthe laws of the State of California thatthe foregoing paragraph is true and correct. WITNESS my hand and official seal. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language " !.4 Notary LISSM bEEA6COMORA Rotary Public - CaliforniaMORA G Riverside County Commission M 23DO684 o My Canm. Expires Au816.2g23 (seal) OPTIONAL INFORMATION Type Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification Credible Witness(es) I ity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other. Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. Of C y of ACKNOWLEDGMENT public or other officer completing this verifies only the identity of the individual ad the document to which this certificate is and not the truthfulness, accuracy, or that document. Ss. 2t7_ before me, I Public, ,ersonally appeared o proved to m on the basis of satisfactory evidence to be the bs _ribed to the ithin instrument and acknowledged to me that his/her/their au rued capacity(ies), and that by his/her/their P erson(s), or the ntity upon behalf of which the Person Cal ac under PENALT- (OF PERJURY underthe laws ph is true and c4fect. my hand and oAial seal. NT 4' , drn(s) whose name(s) is/are he/they executed the same atures(s) on the instrument executed the instrument. State of California that the foregoing notary public or other of/identi leti this certcate verifies only theof the i dividual hosigned thedocumentthisce cate is ttachedand not the truthaccuracy, r alidity of that document. t State of California County of _� ss. On —%— 20_ before m Notary Public, pers ally appeared who proved to me n the basis of satisfactory evidence to b the p subscribed to th ithin instrument and acknowledged to me"at t III, his/her/their uthorized capacity(ies), and that by hisiher/the' s tfe persons) or the entity upon behalf of which the person(s) a ler PENALTY OF PERJURY under the laws of the State is true and correct. my hand and official seal. a (seal) on(s) whose name(s) is/are ;he/they executed the same atures(s) on the instrument executed the instrument. (scol) rnia that the foregoing Bond No. CSBA-13947 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT K�bm All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having ItII�F principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, cbhstio a and appoint Reilly, Daniel Huckabay, Arturo Ayala, Frank Morones, Shaunna Rozelle Ostrom, R Ben Stong, Michael D Stong, Individually CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, and other obligatory instruments of similar nature - In Unlimited Amounts - and to ji d it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attnrng pursuwnt to the authority hereby given, are hereby ratified and confirmed. T$,t Power of Atlomey is made and executed pursuant to and by authority of the By-I..aw printed on the reverse hereof, duly adopted, as indicated, by the shatic elders of the corporation. I Iw'itness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto fiixed on this 27th day of March, 2020. `rrc WESTERN SURETY COMPANY =eA api 0gqAN z s;•,r)SE P"•p "Paul T. eruflat Vice President State oj outh Dakota 1 I as County Minnehaha o 01 this 27th day of March, 2020, before me personally came Paul T. Bmtlat, to me known, who, being by me duly sworn, did depose and say that he resides ti the City of Sioux Falls, Slate of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the abo44 instrument that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal', that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to t a the act and deed of said corporation. Mycon ITit021 expires 1MOBR June C3 2 , ]021 Searrxouwr"�' / / / 'rIr►�(//`j-./J .t 1. Mohr, Notary Public CERTIFICATE 1. L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further cervi( that the By -Law of the corporation printed on the reverse hereof is still in force. In lestimom, whereof 1 have hereunto subscribed my ionic and affixed the seal of the said corporation this .13th day of nm, 2020 WESTERN SURETY COMPANY Q�/�vdq�cGq;E -'e �r o0. 91teF �� Ye FAF4280-7-21)[2L. Nelson, Assistant Secretary Pomt Of Go to www.cnasurety com > Owner / obEigee Services > Validate Bond Coverage, if you want to verify bond authenticity. The Authorizing By -Law BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY his Power of Attorney is made and executed pursuant to and by authority of the following ByLaw duly adopted by the shareholders Company. cion 7. All bonds, policies, undertakings, Powers of Attomey', or other obligations of the corporation shall be executed in the e name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other as the Board of Directors may authorize. The President, any Vice President, Secretary. any Assistant Secretary, or the Treasurer point Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. >orate seal is not necessary for the validity of any bonds, policies, undertakings. Powers of Attorney or other obligations of the ion. The signature of any such officer and the corporate seal may be printed by facsimile. City of Newport Beach CIVIC CENTER SEWER LIFT STATION LID REPLACEMENT Contract No. 7858-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one - of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that ;he is fully qualified to and will be responsible for performing that portion of the work. Substitution of contractors shall be made only in accordance with State law and/or the Standard Specifications for Public rks Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any 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 dens electronic bid have been used in formulating the bid for the project and that these subcontractors will used subject to the approval of the Engineer and in accordance with State law. No changes may be made hese subcontractors except with prior approval of the City of Newport Beach. Bidders must also include Z registration numbers for each subcontractor. 0 prized Signature/Title City of Newport Beach CIVIC CENTER SEWER LIFT STATION LID REPLACEMENT Contract No. 7858-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name gunk er (&:jnskrIr\G . Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2018 2017 2016 2015 2014 Total 2019 No. of contracts 3 N 1A PIA i -i Total dollar Amount of�3 Contracts in ! K � iv(d /z N/� Nl f4 g2SK Thousands of $ No. of fatalities 95 tj t,,k- Nl & N/A - No. of lost Workday Cases / (Va tVIA— nrlA- No. of lost workday cases involving permanent transfer to A) / /A NIA N /� another job or l 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 &xi",r lrC . Business Address: 4,120111 Cochran 7>c. kh'jio. G4!- 0122ol Business Tel. No.: -7t,#N 6tsT g 1S5 State Contractor's License No. and Classification: 1,03'-tLpLA C1QS5, Title Pr-csi Len A - The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the 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. MOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Nev-Qt- On ey-Q - On 70 Wd' before me, \1464 SILO - ,Here insert name an uilo of Mea mer personally appeared` Lh1N 1—Q�j� who proved to me on the basis of satisfactory evidence to be the person(prwhose name(j' is/atk subscribed to the within instrument and acknowledged to me that he/sbethXexecuted the same in his/hhar/tWir authorized capacity(*), and that by his/W/th ti- signature(4 on the instrument the person4"), or the entity upon behalf of which the person/acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LISSETTE VELAxo MORA Notary Public - California i Riverside County }. F Commission 8 2300684 `"n^ "r• My Comm. Expires Aug 15, 2023 N Lary eu is Sig ture (Notary if c e OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT the orrrddissscdp on ofattachod document) ` J (Title or descripfrn of attached document cunanu d,). *3--- Number of PagesDocument Date CAP CITY CLAIMED BY THE SIGNER ndividual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Thisfornrcompliesreith cvrrrera Californiastataresoegmdirrgrrotaryirordingmrd, tfneeded, shouldbe completed mrd anached to the docninerrt. Aclarmvledgnrents from alder stales may be completed for documents being sent to'hat slate so long as the mm'ding does trot require the California nolmy to violate California nomry lmv. Slate and Canty information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. `J`�• Date of notamztion must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. Dr The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarisation. • Indicate the correcL singular or plural forms by crossing off incorrect forms (i e. he/she/Omy, is/are ) or circling the correct fors. Failure to correctly indicate this intonation may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment font. • Signature of the notary public must match the signature on file with the office of the county tied:. • Additional inforation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type c ranached document, number of pages and dare. Oe Indicate the capacity claimed by the signer, If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to designed document with a staple. City of Newport Beach CIVIC CENTER SEWER LIFT STATION LID REPLACEMENT Contract No. 7858-1 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: 6vnker Con,, Afgc+(o n� trxc Business Address: Li°tLq I eoC"y-co 'Dr, (nd-tc>, C111 11726\ Telephone and Fax Number: -1(00 'G64 - 775S Cso /`7 li0 U go$SY California State Contractor's License No. and Class: I o3`i 6"S C►oS S a (REQUIRED AT TIME OF AWARD) Original Date Issued: I / I Expiration Date: f 5\ /ZC>'ZZ 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: ker, l'fcsiLes\'r 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 .�a-S6'n 3om4cerf Qccsidena L10\21`t CoChrarl Df. Cr -F 'I r.06vi( Y 755 Corporation organized under the laws of the State of CA -L-1 f-O/ZN A 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: IJ / ik All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: yspi� ED -Oz RaeeyicQ 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; 0/4", Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. fib you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No Are any claims or actions unresolved or outstanding? Yes If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. �aior, l� 3rI (Print name of Owner or President of Corporation/Company) lflwnk.Q,r Corsa ruc an, InG. y�� �G� Bidderorized Signature/Title ?reS 1 a k Title zo Date ' On before me, , Notary Public, personal) geared , who proved to me_pwlhe basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the in instrument and fT acknowledged to me that he/she/they executed the same in his/her/their author' d capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity u ehalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws a State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for My Commission Expires: 21 (SEAL) X e CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Rwtc .Q - On before me, I l \kW%0 M( o tt Alp'�'ln �( sere mean name an veol In eonicer personallY appeared who proved to me on the basis of satisfactory evidence to be the personXwhose name,(4) is/0 subscribed to the within instrument and acknowledged to me that he/sbiVth,ey executed the same in his/1}6r/tho authorized capacity(!&< and that by his/hof/thpr(r signature(xon the instrument the person(W or the entity upon behalf of which the personX 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. LISSETTE VE(A6C0 MOM Notary public-Callfornla YRiverside County c r " Commission p 2300654 N ry tic Sid a re (No M Comm. Elptres Aug 15, 2023 ONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT D-Alw- tele or description of attached document) - (Title or desedption of attached document continued) Number of Pages Document Date zp 110 t - C ACITY CLAIMED BY THE SIGNER Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) E) Other Thisfowr compliesival, enrent Califonriasiannesregm-dingnolaiyrrarding nnil if needed should be completed and attached to the document. Acknowledgments firm other states maybe completed fo documents being sent to dot stale so long as the cording does 1101 require rite California notary to violate California nomry I.e. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signcr(s) personally appeared which must also be the same dam the acknowledgman is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your (isle (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural fortes by crossing off incorrect fors (i.e. helshel*ey- is /are ) or circling the correct fors. Failure m correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and Photographically reproducible. Impression must not cover lest or lines. If seal impression smudges, re -seal if a sufficient area perm its, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on me with the office of the county clerk, Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a dinerent document. v^ Indicate title or I)peofattached document. number of pages and dale. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (Le. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple City of Newport Beach CIVIC CENTER SEWER LIFT STATION LID REPLACEMENT Contract No. 7858-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name _&n k � ConSfruCAicxr,, lnC-- The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. IM City of Newport Beach CIVIC CENTER SEWER LIFT STATION LID REPLACEMENT Contract No. 7858-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name 3unli-ev C S�r� ctav�, tr, FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all HVAC construction projects you have worked on (or are currently working on) in the past 5 years in excess of $75,000, provide the following information: No. 1 % A Project Name/Number t7hAl 'perk Project Description Qcpta�ct,nec�r of-2c�troom �czrki�snr�S Approximate Construction Dates: From Iter, 2Oj10 To: A,Vr• 2020 Agency Name CJ'A 6F escr+- Contact Person N_A-zan Telephone (7w) 341,o -66 it Original Contract Amount $3A VG 00 Final Contract Amount $ tog IS O0 If final amount is different from original, please explain (change orders, extra work, etc.) t'�/ft Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number -r V Project DescriptionPCces6 Cck4(ne.� Seoze ru'6Vr_ (n3yOAAo n' UT+9--f CG inso rO� Approximate Construction Dates: From NO". 70k':1 To: NOV, 200 Agency Name Voak&tA MAm al-tak �k)?. a I)1SW(cA— Contact Person kart S(6Q%C-VW Telephone (951) 591ko ` 61TSO Original Contract Amount $ 25,`!00 Final Contract Amount $ 2-5,4A00 If final amount is different from original, please explain (change orders, extra work, etc.) ,It (k Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number jn�opwn i m)(kAy\ck Project Description bernokkian,Csrp�jtnth tPtSdVv,1k70.v�nes CV16��O!ler,5alcwa\k Skrcpcv� TJ Approximate Construction Dates: From �y14 20101 To: ScPI. 200 Agency Name Ci:.4 0E Nymi(pa Contact Person nnoroarclF MonSor-, Telephone ('(ON) -761-1 - 2.11B41 Original Contract Amount Final Contract Amount $ t 27, 1.32 • z+; If final amount is different from original, please explain (changa orders, extra work, etc.) C.r��nkr- C4_C a unr.� (i i el were. 1 nCY'e ESS C d 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 11 No. 4 Project Name/Number t.t4Skcrhevo 5S -a1 lr\6u1a}ton 9aalaGttl-y-r& Project Description l[-GYYICVC. "A reelcce_ Mekak but Wv\.q Approximate Construction Dates: From Pii2r. 2.0f\ To: Mg6SA 20101 Agency Name _('Anrin2lla VeLll u1aj of 7(SFriG)i' Contact Person �}n� ecal �npuy�' Telephone 2-661 Original Contract Amount $ 22,Q11 Final Contract Amount $ 22.811 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. t40 No. 5 Project Name/Number E1 DDYt7-AC Wtv%45 [erilo'li1w Je,crmve0WJJks A too 2 Project Description Jvg5 11 %v"I ibuo Is4mr-0-% tr'g'\uCL%nq Matnlrnt't lakcral PyrrvJ- Approximate Construction Dates: From Scek. 201$` To: 1b. cL. 2618 Agency Name COKA aF_ yuGgt r--cv Contact Person (%A(Ca%"J Srml Telephone (cim) -100 - 2'i&J Original Contract Amount $-1-6 I16"1 Final Contract Amount $ IS 3 1V1 It 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 N/ (�- Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 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. Gunlcey 0n5k(Ur_k(Dn It�C•Cgd Bidder 4orized SignaturelTitle T- 13 City of Newport Beach CIVIC CENTER SEWER LIFT STATION LID REPLACEMENT Contract No. 7858-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County of Qt�6t(Si4Ae) JASOU , being first duly sworn, deposes and says that he or she is — PEM f bE7UT of tArLtYc81 CQ&lg'172AkC1rrn,u 1tom. 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 fa 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 Stateo aliforn' a. oregoing is true and correct. zk9y' Cot tr�kim IrG. �D-ate Bidder thorized Signaturerritle Subscribed and sworn to (or affirmed) before me on this D'!day of /Lf,+y , 2019 by evlaence to I certify under PENALTY OF F paragraph is true and correct. [SEAL] O Z y111 y1lN `1YIgV� , proved to me on the basis of appeared before me. the laws of the State of California that the foregoing 14 My Commission Expires: CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of f N gill } On Nba I 26-M before me, LISS ij, �(Q��itSCoC A61LoV/�v ( rtnama an ria o ,�cer�� o personally appeared jG- who proved to me on the basis of satisfactory evidence to be the person whose name) is/3rlF subscribed to the within instrument and acknowledged to me that he/sWthe%executed the same in his/hor/thiaif authorized capacity((), and that by his/W/Oeir signaturexon the instrument the personal, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. °LISSME VELASCO MORA my han and official seal. 3. "" Notary Public - California Riverside County F Commission 8 2300684 aMy Comm. Expires Aug 15, 2023 iigna re (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATIONINSTRUCTIONS FOR COMPLETING THIS FORM 77risf0rmcomplieswith currerri Catiforuin srnnnes re8ar'ding notary warding nnd, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,shorddbeconrpletedandavochediorhedocrmrerilAcMowledgnients from other states nray be compleled for documents being seat to rhaf state so long full ` I(1 � `\ WMA os the wording does "f require the California nolaq to violate California nomry tVI�V C/ u�tV V1 /m V. the or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. (Tide or description of attached document continued) • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Vumber of Pages 2 --Document Date 7 commission followed by a comma and then your title (notary public). • Print the name(.) of document signer(s) who personally appear at the time of notarization. CAP,AAnITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing orf incorrect forms (i. e. CY Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other He/she/they, is/are) or circling the correct forms. Failure to correctly indicate th is information may laid to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, othenvise complete a different acknowledgment form. • Signature of the notary public must match the signature on rile with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. le Indicate title or type of attached document, number ofpages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title li.e. CEO, CFO, S eretary). Securely attach this document to the signed document with a staple City of Newport Beach CIVIC CENTER SEWER LIFT STATION LID REPLACEMENT Contract No. 7858-1 DESIGNATION OF SURETIES Bidder's name_ koc. 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): InJSURA-W-E-S: wa2tcc'1Q5 coMP SfFr�av� c YLftc �.�Ar3��t7Yt 2 /MSUk4rVcE rrce—s, 6Zo1 C»9 K C,+NYoN S fE [cc), l VIIUE- C* 92 IS-SZ32 C0Xr#-C?- CA7 StSTRUAiK 4'f1 SS`i 33?3 15 City of Newport Beach CIVIC CENTER SEWER LIFT STATION LID REPLACEMENT Contract No. 7858-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7858 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: l41+Y a?yi 2-D 2-0 Date -14OU (4 6 7S5 cctk 6-r1¢b tayi 368"8' Bidder's Telephone and Fax Numbers 1034to93 C1css N Bidder's License No(s). and Classification(s) I OOC OS55Ct 5 DIR Registration Number �,m�c-c! ��r�5kruck�cm 1 rtc_ Bidder �" N7— ideACIsLAZuthorized Signature and Title Li'l 2-'M Cochran br. Irtiio CIA q7W I Bidder's Address Bidder's email address: �aSar,c�btxlcel-{`r�2er� lY , Cott PR -1 EXHIBIT A REQUEST FOR PROPOSALS/BIDS Bunker Construction, Inc. Page A-1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CIVIC CENTER LIFT STATION LID REPLACEMENT PROJECT NO. 20F02 CONTRACT NO. C-7858-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 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 SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 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 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6 7-1.2 Temporary Utility Services 6 7-2 LABOR 7 7-2.2 Prevailing Wages 7 7-7 COOPERATION AND COLLATERAL WORK 7 7-8 WORK SITE MAINTENANCE 7 7-8.4 Storage of Equipment and Materials 7 7-8.4.2 Storage in Public Streets 7 7-10 SAFETY 7 7-10.4 Safety 7 7-10.4.1 Work Site Safety 7 SECTION 9 - MEASUREMENT AND PAYMENT g 9-2 LUMP SUM WORK 8 9-3 PAYMENT 8 9-3.1 General 8 9-3.2 Partial and Final Payment. 8 PART 1- CONSTRUCTION MATERIALS 9 SECTION 215 — CIVIC CENTER LIFT STATION EQUIPMENT 9 215-1 LIFT STATION LID REPLACEMENT WORK 9 215-1.1 Project Scope 9 215-1.2 Lift Station Lid Materials 9 PART 3 - CONSTRUCTION METHODS 9 SECTION 300 - EARTHWORK 9 300-1 CLEARING AND GRUBBING 9 300-1.3 Removal and Disposal of Materials 9 300-1.3.1 General 9 SECTION 601— WORK AREA TRAFFIC CONTROL 10 601-1 GENERAL 10 LOCATION MAP AND RECORD DRAWINGS 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CIVIC CENTER LIFT STATION LID REPLACEMENT PROJECT NO. 20F02 CONTRACT NO. C-7858-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (3) 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 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 Page 1 of 11 At the time of the award and until completion of work, the Contractor shall possess a Class "A" 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 removing the existing lift station lid located in the basement of the Civic Center, preparing existing vault for new lid; procuring and installing new gas-tight vault lid; and performing all repairing or restoration work necessitated by the installation. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 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 Delete this section and replace with the following: 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 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Page 2 of 11 Delete this section and replace with the following: 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 in this subsection, one (1) percent may be added as 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 rigid 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 material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not Page 3 of 11 allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. I.154=JJ1619:10091T In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 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. Baseline schedule shall include material and equipment procurement times as supported by information provided by the individual equipment manufacturers or suppliers. Failure of a supplier to meet their proposed schedule may not necessarily result in an extension of the baseline schedule. It is the Contractor's responsibility to ensure the availability of materials for the project. 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. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within fifteen (15) consecutive working days after the date on the Notice to Proceed. The Contractor shall Page 4 of 11 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. The Civic Center sewage pump system shall not be shut down during construction unless a bypass plan has been approved. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. In order to minimize disruption at the Civic Center, this project requires nightwork. The following requirements shall apply: A. Night work hours shall be from 6:00 p.m. to 7:00 a.m., Sunday night through Friday morning. No work is allowed Friday or Saturday nights. Should the Contractor elect to work outside night working hours, Contractor must first obtain special permission from the Engineer. Normal working hours are 7:00 a.m. to 6:00 p.m., Monday through Friday. A request for working normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 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 11th (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 Page 5 of 11 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 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. 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 $1,500. 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 continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. Page 6 of 11 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, this project is subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK The Civic Center is open every weekday so the Contractor shall coordinate every aspect of the construction to minimize the inconvenience to the public and minimize the impact to the City operations. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-10 SAFETY 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. Page 7 of 11 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. F3�1;7�1'LSI�.�➢ 9-3.1 General Revise paragraph two to read: The unit and 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. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Civic Center Lift Station Lid Replacement: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for performing the lid replacement work as described in these Specifications. Item No. 3 Provide As -Built Plans. Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $500 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. 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. Page 8 of 11 PART 2 - CONSTRUCTION MATERIALS SECTION 215 — CIVIC CENTER LIFT STATION EQUIPMENT 215-1 LIFT STATION LID REPLACEMENT WORK 215-1.1 Project Scope The lid replacement work shall consist of the following items and all other items not listed required to complete the project: • Removing and disposing of the existing lift station lid • Procuring a new gas-tight lift station lid • Preparing the lift station vault for new lid installation • Installing new lid and making all adjustments and repairs necessary to prevent sewer gas from leaking into the building through the lid 215-1.2 Lift Station Lid Materials The replacement lid shall be aluminum with 316 stainless steel bolts, nuts, hinges, door stop, springs, and accessories. Lid shall be watertight and gas-tight to prevent sewer odor from migrating into the Civic Center. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any deleterious material from the job site at the end of each workday or as directed by the Engineer. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation Page 9 of 11 from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Page 10 of 11 LOCATION MAP AND RECORD DRAWINGS Page 11 of 11 EXHIBIT B PROPOSAL Bunker Construction, Inc. Page B-1 City of Newport Beach Page 1 Civic Center Sewer Lift Station Lid Replacement (7858-1), bidding on May 21, 2020 10:00 AM (Pacific) Printed 05/21/2020 Bid Restilts Bidder Details Vendor Name Bunker Construction Inc. Address 49299 Cochran Dr. Indio, CA 92201 United States Respondee Jason Bunker Respondee Title President Phone 760-668-8755 Ext. Email Jason@Bunker-Engineedng.com Vendor Type License# 1034643 CADIR Bid Detail Bid Format Electronic Submitted May 20, 2020 2:49:15 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation# 211982 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Proposal General Attachment for Civic Center Sewer Lidodf General Attachment Bidders Bond - Notarized Bidders Bond for Civic Center Sewer Lid.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization LS 1 $9,000.00 $9,000.00 2 Civic Center Lift Station Lid Replacement LS 1 $25G43 00 $25,043.00 3 As -Built Plans LS 1 $500.00 $500.00 Subtotal $34,543.00 Total $34,543.00 Subcontractors Name & Address Description License Num CADIR Amount Type I=1a ne!Rids. Inc EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employeesand volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 Bunker Construction, Inc. Page C-1 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of Bunker Construction, Inc. Page C-2 insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. Bunker Construction, Inc. Page C-3 F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after Bunker Construction, Inc. Page C-4 completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Bunker Construction, Inc. Page C-5 THE FINAL PREMIUM IS Executed in two original counterparts. Bond No. 72269765 PREDICATED ON THE FINAL CONTRACT AMOUNT EXHIBIT D CITY OF NEWPORT BEACH BOND NO. 72269765 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Bunker Construction, Inc. hereinafter designated as the "Principal," a contract for the Improvement of Civic Center Sewer Lift Station Lid Replacement located at Newport Beach Civic Center, 100 Civic Center Dr., 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, Western Surety 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 Thirty Four Thousand Five Hundred Forty Three dollars ($34,543.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 0600 et seq. of the Civil Code of the State of California. Bunker Construction, Inc. Page D-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 23rd day of June 12020 Bunker Construction, Inc. dba Bunker Engineering Name of Contractor (Principal) Western Surety Company Name of Surety P.O. Box 5077, Sioux Falls, SD, 57117 Address of Surety (800)331-6053 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 0 Aaron C. Harp City Attorney 1 MIMICS, t ori.IA,_ Michael D. Stong, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Bunker Construction, Inc. Page D-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside }ss. On June 23 , 20 20 before me, R. Nappi "Notary Public' Notary Public, personally appeared Michael D. Ston 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. }�+�++ R. NAPPI 1 Notary Public • California WITNESS my hand and official seal. 5 Riverside County V 4f Commission N 2327975 My Comm. Expires Jun 7, 2024 Signature r R. Nappi (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 SZtfP¢c1f.(� } ss. On Nota'�y P. , 11iLb 20� before me, U�Sett�.� Elrlscu Moa dk ry Pubic, personally appeared Jot S crt t?a1 J Icp Q proved to me on the basis of satisfactory evidence to be the person( whose name( isAW subscribed to the within instrument and acknowledged to me that he/gyre/thlexecuted the same in his/fir/ttt� r authorized capacity(i$s), and that by his/her/tt�efr signaturesia) on the instrument the perso, or the entity upon behalf of which the perso 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. hand and official seal, y LISSME VELASCO MORA Notary Public - California Riverside County i Commission N 2300614 f atur My Comm. Expires Aug 15, Bunker Construction, Inc. Page D-3 Western Surety Company Bond No. 72269765 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Dwight Reilly, Daniel Huckabay, Arturo Ayala, Frank Morones, Shaunna Rozelle Ostrom, R Nappi, Ben Stong, Michael D Stong, Individually of Orange, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of March, 2020. f"suri'Er,. WESTERN SURETY COMPANY s�?�Pe ONq��4�=s tM pRM / *».• aul T. Bruflat, Vice President State of South Dakota 1 )? ss County of Minnehaha On this 27th day of March, 2020, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument, that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ,meq J. MOHR June 23, 2021 `�i��B01nM°"0t" 1 J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and farther certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 23rd day of mM , 2020 m- W. WESTERN SURETY COMPANY p yyprry L. Nelson, Assistant Secretary Foran F4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. THE FINAL PREMIUM IS Executed in two original counterparts. Bond No. 72269765 PREDICATED ON THE FINAL CONTRACT AMOUNT EXHIBIT E CITY OF NEWPORT BEACH BOND NO. 72269765 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,036.00 being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Bunker Construction, Inc. hereinafter designated as the "Principal," a contract for the Improvement of Civic Center Sewer Lift Station Lid Replacement located at Newport Beach Civic Center, 100 Civic Center Dr., 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 western surety company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Thirty Four Thousand Five Hundred Forty Three dollars ($34,543.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Bunker Construction, Inc. Page E-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 23rd day of June 120 20 . Bunker Construction, Inc. dba Bunker Engineering Name of Contractor (Principal) Western Surety Company Name of Surety P.O. Box 5077, Sioux Falls, SD 57117 Address of Surety (800)331-6053 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney Tu ffzed • •e Michael D. Stong, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Bunker Construction, Inc. Page E-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside 1 ss. On June 23 , 20 20 before me, R. Nappi "Notary Public" Notary Public, personally appeared Michael D. Stong 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. — — — �t r•w R. NAPPI WITNESS my hand and official seal. , Notary Public • California Riverside 327 f Commission # M 2327975 t � My Comm. Expires jun 7, 7, •�' 2024 r Signature 7 7 R. Nappi (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 Cal' rnia County of 1 ss. fp On 20?D before me, U�1a2 `e—m ao VA RA Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person whose named is/ar€ subscribed to the within instrument and acknowledged to me that hetwitfjef executed the same in his/her/their authorized capacity 'i(ps), and that. by his/bpi'/th�Wsignatures(f on the instrument the perso%iO, or the entity upon behalf of which the persoriKacted, 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. — — — — Bunker Construction, Inc. Page E-3 Western Surety Company Bond No. 72269765 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Dwight Reilly, Daniel Huckabay, Arturo Ayala, Frank Morones, Shaunna Rozelle Ost roan, R Nappi, Ben Stong, Michael D Stong, Individually of Orange, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seat and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts ofsaid Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness M hereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of March, 2020. saarr}, WESTERN SURETY COMPANY ?„ 4�pv0gq�� =g 'mss SE Ay :P ��/•�� %N a0 'aul T. Bruflat, Vice President State of South Dakota ) ss County of Minnehaha f On this 27th day of March, 2020, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument: that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23, 2021 sanawzorn 1. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 23rd day of mm , 2020 WESTERN SURETY COMPANY 41�'ppµ0� L. Nelson, Assistant Secretary Fomr F4280.7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. From: Reyes Raymund To: Morgan Shelby Subject: FW: Compliance Alert -Vendor Number 7858-1 Date: Thursday, lune 11, 2020 10:22:18 AM Raymund Reyes I Administrative Analyst Public Works Department I City of Newport Beach 100 Civic Center Drivc, Bay D, 2nd Floor Newport Beach, CA 92660 949-644-3325Irreyes gnewportbeachca.gov -----Original Message ----- From: Customer Service <customerservice@ebix.com> Sent: Tuesday, June 09, 2020 4:51 PM To: Reyes, Raymund <rreyesCnewportbeachca.gov>; Insurance <insurance4newportbeachca.gov> Cc: sagar( ebix.com Subject: Compliance Alert -Vendor Number 7858-1 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 7858-1 Bunker Construction, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.