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.