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HomeMy WebLinkAboutC-9226-1 - Landscape Improvements – Newport Boulevard (Industrial Way to PCH) and West Coast Highway (West City Limits to Highland St)CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3005 1 949 644-3039 FAX newportbeachca.gov/cityclerk December 26, 2024 Marina Landscape, Inc. Attn: Ali Tavakoli 3707 West Garden Grove Blvd. Orange, CA 92868 Subject: Newport Boulevard Landscape Improvements (Industrial Way to Pacific Coast Highway) & West Coast Highway Landscaping Improvements (West City Limits to Highland St) Contract No. 9226-1 Dear Ali Tavakoli: On October22, 2024 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 23, 2024, Reference No. 2024000276892. Enclosed is the released Labor & Materials Payment Bond. Sincerely, Last Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT A CITY OF NEWPORT BEACH BOND NO. PB11510401417 Premium included with performance bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Marina Landscape, Inc. hereinafter designated as the "Principal," a contract for, "The work necessary for the completion of this contract consists of: 1) Newport Blvd. (Industrial Way to Pacific Coast Highway): This portion of the project is separated into the Base Bid comprising the median work with only a small part of the Easterly slope and irrigation point of connection improvements. Bid Alternate No. 1 comprises the westerly slope landscape improvement work. Bid Alternate No. 2 comprises the remaining portion of the easterly slope. Scope of Work generally involves grubbing and clearing the understory plantings of the median islands and relandscaping and irrigating with a new system. Additionally, the east and west landscape setback slopes shall receive enhanced landscaping and new irrigation with existing control systems upgraded. 2) West Pacific Coast Highway (West City Limits to Highland St.): This scope of work is part of the Base Bid with the Newport Blvd median work. Provide landscape and irrigation improvements to the landscape setback area and upgrade the irrigation control system[J' in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Philadelphia Indemnity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million Twenty Six Thousand One Hundred Twenty Dollars and 96/100 ($1,026,120.96) 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 Marina Landscape, Inc. Page A-1 respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly exe named Principal and Surety, on the 1st day of J February Marina Landscape, Inc. Name of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety 800 E. Colorado Blvd., 6th Floor, Pasadena, CA 91101 Address of Surety (626) 639-1328 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: !, VItron C. Harp y Attorney I1orizdd Signature/Title MV-61 k a \4, 0— iy the 20 24i peyd&-�- Au o i e gent Signature Ryan Butterfas, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Marina Landscape, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of } ss. On , 20 before me, , Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Marina Landscape, Inc. Page A-3 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 Orange ) 1�6 �, On before me, Kristen Ness, NotaryPublic (insert name and title of the officer) personally appeared Ali Tavakoli who proved to me on the basis of satisfactory evidence to be the person(-) whose name(s) isarc subscribed to the within instrument and acknowledged to me that hers--�,� ,",th_y executed the same in his,hcr/t"cir authorized capacity(ics), and that by his/,",-_r;t"-_;; signature(--' on the instrument the person(--), or the entity upon behalf of which the person(--) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *my KRISTEN NESS Notary Public • CaliforniaWITNESS my handand official seal. _Co OrangeCounty306 Comm. Expires Nov 25, 2026 Signature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange it On u before me, Date personally appeared Adelaide C. Hunter, Notary Public Here Insert Name and Title of the Officer Ryan Butterfas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i0my ADELAIDE C. HUNTER Notary Public - California��ZOrange County Commission # 2343124 Signature L Comm. Expires Jan 23, 2025 1 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats, Matthew J. Coats, Summer Reyes and Ryan Butterfas of Coats Surety Insurance Services, Inc., its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, rccognizanccs and other contracts of indenwity and writings obligatory in the nature thereof, issued in the course of its business and to hind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14"' ofNovcmbci; 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attorncy(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. Seal J' ✓"6✓ Joh t,lonlb, Preside:nt,K i""'1dC) Philadelphia Indemnity Insurance Company On this 5" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. commonwealth of Pennsylvania • Notary Seal Notary Public: 4`112 '� 4 ' i y�� Vanessa Mckenzie, Notary Publio Montgomery County My commission expires November 3, 2024 Commission number 1366394 Member., Pa/inSylYa^:3AssoCl92fonof Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attomey issued pursuant thereto on the 5"' day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 'St day of February 20 24 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 10/23/24, 4:18 PM Batch 18226062 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II II II III III1II IIII IIII 111 NO FEE *$ R 0 0 1 5 2 1 6 1 8 1 $ * 2024000276892 3:44 pm 10/23/24 434 503A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Marina Landscape, Inc., from Orange, California, as Contractor, entered into a Contract on 01/09/2024. Said Contract set forth certain improvements, as follows: Newport Boulevard Landscape Improvements (Industrial Way to Pacific Coast Highway) & West Coast Highway Landscaping Improvements (West City Limits to Highland St) Contract No. 9226-1 Work on said Contract was completed, and was found to be acceptable on October 22, 2024, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Coats Surety Services. BY / David Webb, Public W rks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. /+ q Executed on zo( —, at Newport Beach, California. c r BY0J P-nma_� Leilani I. Brown, City P lerk https://gs.secure-erds.com/Batch/Confirmation/18226062 1/5 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Marina Landscape, Inc., from Orange, California, as Contractor, entered into a Contract on 01/09/2024. Said Contract set forth certain improvements, as follows: Newport Boulevard Landscape Improvements (Industrial Way to Pacific Coast Highway) & West Coast Highway Landscaping Improvements (West City Limits to Highland St) Contract No. 9226-1 Work on said Contract was completed, and was found to be acceptable on October 22, 2024, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Coats Surety Services. JBY // . ),I David Webb, Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on V , at Newport Beach, California. l f BY Leilani I. Brown, City P lerk } 1L �C►FOV�se CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 14th day of November, 2023, at which time such bids shall be opened and read for NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO. 23L01 CONTRACT NO. C-9226-1 $995,000 Engineer's Estimate Approved by ames M. Houlihan "Diouty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Santa Ana Blue Print at (949) 756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" AND "C-27" For further information, call Patrick Arciniega, Project Manager at (949) 644-3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: h#tps/(vvww newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor- regis#ration City of Newport Beach NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO. 23L01 CONTRACT NO. C-9226-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................................... 10 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICETO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIALPROVISIONS............................................................................................ SP-1 2 City of Newport Beach NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO. 231_01 CONTRACT NO. C-9226-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening 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, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashiers 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 California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidders 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.) 3 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 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — ncluding, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevling,wage:rates shalt,pcssted by the Contractor at thet4b.ite. 9. The Contractor shall be responsible for insuring comp Hance `with provisions of Section.?7"(' of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Spbcon pq#irt ,,,-F Prac Ices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work 4 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 492862—A,B,C27,C29,C36,C61,D34, D49,D59 Contractor's License No. & Classification 1000000079 DIR Registration Number & Expiration Date Marina Landscape, Inc Bidder 5 Date Hue Ta - Vice President of Estimating ature/Title 11 /27/2023 City of Newport Beach NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY_) 8 WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO.23LOI CONTRACT NO. C-9226-1 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 total bid amount Dollars ($ 10% }, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Contract No. 9226-1 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 28th day of - Noviffber 2023. Marina Landscape, Inc. Name of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety 800 E. Colorado Blvd„ 6th Floor, Pasadena, CA 91101 Address of Surety (626) 639-1328 Telephone `Ca ViCC!'ttcidCvti s(�irrl�llc� nature/Title A orized Agent Signature Ryan Butterfas, Attomey-in-Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ _ / On 1 Z[ I 1 Z 3 before me, _ Date Nguyen Le, Notary Public Here Insert Name and Title of the Officer Personally appeared e-- Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les),and thatby his/her/their signature(s) ontheinstrumenttheperson(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTYOF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. 04-,._.1._;:;My NGUYENLENotary Public • Caiifor�ia WITNESS my hand and official seal. Orange County Commission : 2401469 Comm, Expires Apr 20. 2026 Signature ./ Signatur of Notary Public Place Notary Seal Above OPTIONAL--------------------- _._---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Number of Pages Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate ❑ Partner ❑ Individual ❑ Trustee ® 0ther Document Date Signer(s) OtherThan Named Above Signer's Name Officer—Title(s) ❑ Corporate Officer —Titles) ❑ Limited ❑ General ❑ Partner ❑ Limited ❑General ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Guardian or conservator [I Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signer Is Representing ©2014National NotaryAssociation • www.Nationa]Notary.org •1-800-USNOTARY (1-800-876-6827) Item#t5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer 0 Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other Other Information: 7 Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ? ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On NC1 1 , � L before me, — Date personally appeared Adelaide C. Hunter, Notary Public Here insert Name and Title of the Officer Ryan Butterfas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *my ADELAIDE C. HUNTER WITNESS my hand and official seal. Notary Public • California Orange CountyCommission a 2343124 43 Comm. Expires Jan 23, 2025 Signature Signature of Notary Public Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General O Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator rl C)thPr- Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F7 Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) item #5907 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats, Matthew J. Coats, Summer Reyes and Ryan Butterfas of Coats Surety Insurance Services, Inc., its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizanccs and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attomcy is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at anytime, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the fixture with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. i� Seal Joh Glomh. President&. CEO Philadelphia Indemnity Insurance Company On this 5' day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is The therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seat affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: 00111"M AhotpsnnsyWuds-NeurYBsat Vanessa WAst zie, WIM Public Montoom"County My commission expires November 3, 2o24 t:ommisslonnumber 1366394 Memoer.vanntyrver:aArwct+WnofNotaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5'r' day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereo£I have subscribed my name and affixed the facsimile seat of each Company this 28th day of November 20 23 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY City of Newport Beach NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO. 23LO I CONTRACT NO. C-9226-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!il Please print or type. Bidder's Name Marina Landscape, Inc FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) for landscape related projects only in the past 5 years in excess of $300,000, provide information in the following sections. Please see Special Provisions Section 2-1 for detailed experience record/reference requirements. No. 1 Project Name/Number Puente Ave Landscaping and Community Monument Project Description Landscape & Irrigation Approximate Construction Dates: From 09/30/2021 To:4/29/2022 Agency Name City of La Puente Celia Zavala Contact Person James A. Bazinet Telephone (413)563-4663 Original Contract Amount $1,470,460 Final Contract Amount $1,470,460 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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 10 No. 2 Project Name/Number 2021 Landscape Restoration Program Project Description Clearing & Grubbing, Landscaping Improvements, Irrigation Improvements Approximate Construction Dates: From 07/11 /2022 To: 2/2/2022 Agency Name City of Lancaster Contact Person Anna Leonard Telephone (661)723 5881 Original Contract Amount $2 993,980Final Contract Amount $ 2,993,980 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 3 Project Name/Number Gabion Ranch - Sierra Ave and Summit Ave Perimeter Landscape Imp Project Description Landscape & Irrigation Approximate Construction Dates: From 01/31/2021 To:4/2312021 Agency Name City of Fontana Lennar Homes Contact Person Ryan Combe Telephone (951)712 9218 Original Contract Amount $1.864.219Final Contract Amount $ 1,864,219 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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 Valencia Avenue & Tustin Ranch Road Project Description Landscape & Irrigation of Parkways Approximate Construction Dates: From 01 /27/2020 To: 7/22/2020 Agency Name City of Tustin Contact Person Joann Wu Telephone (714)573 3157 Original Contract Amount $ 863,649 Final Contract Amount $ 863,649 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Project Name/Number Expansion of Malibu Hills Rd Stormwater Enhancement Project Description Construction of median, bioswale, drainage, landscape & irrigation Approximate Construction Dates: From Agency Name City of Calabasas 10/30/2019 TO:31812020 Contact Person Luis Hernandez Telephone (818)224 1600 Original Contract Amount $, 5�, l 7, Final Contract Amount $ 555 177 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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 12 No. 6 Project Name/Number Capital Improvements - Median Landscape Imp Project Description Median Landscape & Irrigation Approximate Construction Dates: From 04/08/2019 To: 5/20/2020 Agency Name City of La Mirada Contact Person Lori Wolfe Telephone (714)402 9645 Original Contract Amount $2,709,076 Final Contract Amount $ 2,709,076 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency fife any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 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 appraisalP � the Contractor's current financial conditions. Marina Landscape, Inc Bidder 13 Hue Ta - Vice President of Estimating Signature/Title City of Newport Beach NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO. 23L01 CONTRACT NO. C-9226-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County of Orange Hue Ta , being first duly sworn, deposes and says that he or she is _ Vice President of Estimating of Marina Landscapes Inc , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. declare under penalty of perjury of the laws of the Marina Landscape, Inc Bidder Subscribed and sworn to (or affirmed) before me on th ifornia that the foregoing is true and correct. Hue Ta - re/Title Of 2023 nt of Estimating by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 14 Notary Public My Commission Expires: CALIFORNIA JURAT GOVERNMENT CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ♦4E`- ��, y NGUYEN LE ' Notary PLblic - California z Orange County > Commission' 2401469 `• .°a* My Comm, Expires Apr 20, 202b Subscribed and sworn to (or affirmed) before me on this S� day of DeumLpr 20Z Z , by Date Month Year (1)Q , C-- (and (2) Nome(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature Place Notary Seal and/or Stamp Above Signature of Notary Public Nguyen Le, Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: 02019 National Notary Association Number of Pages: City of Newport Beach NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO. 23LQ1 CONTRACT NO. C-9226-1 DESIGNATION OF SURETIES Bidder's name Marina Landscape, Inc 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): COATS SURETY SERVICES (SURETY) — 23046 Avenida de la Carlota, Suite 600, Laguna Hills, CA 92653 - (949) 457-1060 Office Philadelphia Indemnity Insurance Company (BOND COMPANY) 800 E. Colorado Blvd, 6th Floor, Pasadena, Ca 91101 - (626) 6391328 Office 15 City of Newport Beach NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO. 2311_01 CONTRACT NO. C-9226-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Marina Landscape, Inc Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2022 2021 2020 2019 2018 Total 2023 No. of contracts TBD 348 399 292 301 284 1,624 Total dollar Amount of Contracts (in TBD 99,390,895 101,827,935 77,044,404 124,472.913 125,739,939 528,476,086 Thousands of $ No. of fatalities TBD 0 0 0 0 0 0 No. of lost Workday Cases TBD 4 2 3 3 1 13 No. of lost workday cases involving permanent ) 2 4 I 0 transfer to TBD another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Marina Landscape, Inc Business Address: 3707 W. Garden Grove Blvd, Orange, CA 92868 Business Tel. No.: (714) 939-6600 State Contractor's License No. and Classification: 492862 — A,B,C27,C29,C36,C61,D34, D49,D59 Title Vice President of Estimating 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 reipords. Co r tion - Marina Landscape, Inc Signature of bidder Date N er 27, 202 Title - Yice Presidfift of Estimating signed on behalf of the CEO - Robert B. Cowan Signature of bidder � t/1' Date November 27 20 Title Hue Ta - Vice PresidW of Estimating 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 partnersroint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of llz X_- On (Z 1 (( 2- '> before me, T Date Nguyen Le, Notary Public Here Insert Name and Title of the Officer Personally appeared . o �C4� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrumenttheperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. NU"_ I YEN fl WITNESS my hand and official Notary Public - California orange county Commission , 2407469 Signature • `0 {,My Comm. Expires r p Apr 20, 2026 Signature f Notary Public Place Notary Seal Above --- ------------------------------------------------- OPTIONAL----------------------------------- ---- --- --------- ----- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Number of Pages Document Date Signers) OtherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Corporate Officer —Titles) Partner [] Limited ® General [] Individual []Attorney in Fact Trustee Q Guardian or Conservator ❑ Other Signer Is Representing Signer's Name Corporate Officer—Title(s) Q Partner ® Limited ❑General Individual [:]Attorney in Fact ®Trustee ❑Guardian orConservator 11 Other Signer Is Representing x -, .c -c.-i ��"'ts� %�+.. k,Y,.� �tX•,�,:...,�.rr.�rrtx�.E,1�na�n��rrr-rs ��`,�� �rri*'r�ace:.sr�srS�Y.asn:=�1 ©2014National Notary Association • www.Nationa[Notary.org •1-800-USNOTARY(1-800-876-6827) Item#5907 City of Newport Beach NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) _WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO. 2311-01 CONTRACT NO. C-9226-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Marina Landscape, Inc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 11/9/2023 Vvi IN Q 18 City of Newport Beach NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO. 23L01 CONTRACT NO. C-9226-1 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: Marina Landscape, Inc Business Address: 3707 W. Garden Grove Blvd, Orange, CA 92868 Telephone and Fax Number: PHONE (714) 939-6600 / FAX: (714)-935-1199 California State Contractor's License No. and Class:492862 — A,B,C27,C29,C36,C61,D34, D49,D59 (REQUIRED AT TIME OF AWARD) Original Date Issued: 6/3/1986 Expiration Date: 6/30/2024 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: o v �yt S 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 Robert B. Cowan - President, Secretary, CEO, Treasurer Ali Tavakoli - Vice President Hue Ta - Vice President of Estimating Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A 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; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No 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 com liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /{ lo 20 Are any claims or actions unresolved or outstanding? Yes /`l';:1 If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Marina Landscape, Inc Bidder Hue Ta (Pri name of Owner or President of C poration/Company) Vice "tdent of Estimating signed on behalf of the CEO - Rgbert B. Cowan Title 11 /27/2023 Date On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: 21 (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �- "�.ac"� � '��- � "F yec, ry a�wx�n.—,s�r�.�.ar+�w�r�n�t-�ce+�yzs;�e.:.n�rrgCTa^�•�:r•.�!'r�Fa✓^+^erFn:K.,ivYrn.,,w.arras[assfri 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 ii On t Z. ' Z before me, _ Date Nguyen Le, Notary Public Here Insert Name and Title of the Officer Personally appeared :i.r —k , Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),andthatbyhis/her/theirsignature(s) onthe instrumentthe person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. Jr®� �Y NGUYEN LE Notary Public - Ca,ifornia Orange County My Commission; 2401469 Comm. Expires Apr 20. 2026 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ 14� Signature if Notary Public •------ —--------- ---------------------------- OPTIONAL ----------------------------------------- -- ---- —. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Number of Pages Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer —Titles) ❑ Partner ❑ Limited ❑ General []Individual []Attorney in Fact ® Trustee ® Guardian or Conservator Other Signer Is Representing Signer's Name ❑ Corporate Officer—Title(s) ❑ Partner ❑ Limited []General ® Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing :i�.Y..2.`"'C"_.3':s.z x, ilia`t'zi="w",'�1*t';c�;'.":n.:r:�2t'4[>.rhzYz..-n.:..++?i^N.�re^nase'X*.%.=�.a�Cz,�•.c ©2014NationalNotary Association • www.NationalNotary.org •1-800-USNOTARY(1-800-876-6827) Item#5907 City of Newport Beach NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO. 23L01 CONTRACT NO. C-9226-1 F!U4J201-7M-1 (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 9226-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 11 /27/2023 Date PHONE (714) 939-6600 / FAX: (714)-935-1199 Bidder's Telephone and Fax Numbers a Landscape, Inc Hue Ta - Vice President of Estimating Authorized Signature and Title 492862—A,B,C27,C29,C36,C61,D34, D49,D59 3707 W. Garden Grove Blvd, Orange, CA 92868 Bidder's License No(s). Bidder's Address and Classification(s) 1000000079 DIR Registration Number Bidder's email address: estimator@rnarinaco.com City of Newport Beach NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO. 23L01 CONTRACT NO. C-9226-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Marina Landscape, Inc Hue Ta - Vice President of Estimating Bidder A ized Signature/Title W Pg. 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEW PO ADDENDUM NO. 1 NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) & WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO. 23LO1 CONTRACT NO. 9226-1 c DATE: B y� r)Diputy PWDICity Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. NOTICE OF INVITING BIDS Bid Opening date changed to: December 5, 2023 at 10:00 AM. Pg. 2 of 2 Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have Included full payment in my Proposal. Marina Landscape, Inc Bidder's Name (Please Print) November 27, 2023 re & Title Flue Ta - Vice President of Estimating Pg. 1 of 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT A AIM j ADDENDUM NO. 2 NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) & WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO. 23L01 CONTRACT NO. 9226-1 DATE:©� BY: Dept' P D/City '"ngineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. LINE ITEMS Item 421 — Revise to allowance of $2500. Item #24 — Revise quantity to 11,810 SF Item #103 -- Revise to allowance of $2500. Item #134 — Revise to allowance of $2500. Pg. 2 of 4 DOCUMENTS: Sample Contract Replace the Sample Contract with the attached Sample Contract. Special Provisions Revisions to Section 9-3 PAYMENT: Item No. 21 Inspect and Repair Existing Irrigation Systems: Work under this item shall include, but not be limited to inspecting and repairing existing irrigation systems and shall be compensated on a time and materials basis at the direction of the City. Any funds not expended in this allowance will not be aid to the Contractor. Only work deemed unknown by the Engineer during construction will be paid to the Contractor on a Time & Materials basis. An amount of $2, 500 is determined for this bid item. Item No. 25 Furnish and Install 2-Inch Layer of Walk -On Mulch: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing a 2-inch thick layer of mulch, and all other items as required to complete the work in place. Utilize Aguinaga Forest Floor 0-2" or approved equal. Item No. 52 Furnish and Install or Replace Quick Coupling Valves: Work under this item shall include, but not limited to the cost of labor, equipment and materials for removing or replacing existing where specified, furnishing quick coupling valves, and all other work items as required to complete the work. Provide (3) matching quick coupling keys and fitted hose bibs (for each quick coupling valve). Item No. 66 Furnish and Install 2-Inch Layer of Walk -On Mulch: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing a 2-inch thick layer of mulch for ALL new planted areas, and all other items as required to complete the work in place. Utilize Aguinaga Forest Floor 0-2" or approved equal. Item No. 85 Clearing and Grubbing Existing Ceanothus Plantings on Westerly Slope: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for removing and disposing of the existing Ceanothus plantings to a limited extent as described within Drawings. Landscape Architect / City Representative shall identify existing plantings to be removed including all debris prior to commencing removals, and other work items as required to complete the work. Soils shall be left in a condition ready for soil preparation. For bidding purposes, contractor shall estimate X of the Ceanothus area to be cleared and grubbed. Pg. 3 of 4 Item No. 98 Furnish and Install Sch 40 PVC Lateral Line pipe (All Sizes): Work under this item shall include, but not limited to the cost of labor, equipment and materials to furnishing, trenching and installing non -pressure lateral line piping, and all other work items as required to complete the work. Includes installation of V-Ditch Crossing per Detail L on Sheet 24 of 25. Item No. 103 Inspect and Repair Existing Irrigation Systems: Work under this item shall include, but not be limited to inspecting and repairing existing irrigation systems and shall be compensated on a time and materials basis at the direction of the City. Any funds not expended in this allowance will not be aid to the Contractor. Only work deemed unknown by the Engineer during construction will be paid to the Contractor on a Time & Materials basis. An amount of $2, 500 is determined for this bid item. Item No. 107 Furnish and Install 2-Inch Layer of Walk -On Mulch: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing a 2-inch thick layer of mulch for ALL new planted areas, and all other items as required to complete the work in place. Utilize Aguinaga Forest Floor 0-2" or approved equal. Item No. 128 Furnish and Install Sch 40 PVC Lateral Line Pipe: Work under this item shall include, but not limited to the cost of labor, equipment and materials to furnishing, trenching and installing non -pressure lateral line piping, and all other work items as required to complete the work. Includes installation of V-Ditch Crossing per Detail L on Sheet 24 of 25. Item No. 134 Inspect and Repair Existing Irrigation Systems: Work under this item shall include, but not be limited to inspecting and repairing existing irrigation systems and shall be compensated on a time and materials basis at the direction of the City. Any funds not expended in this allowance will not be aid to the Contractor. Only work deemed unknown by the Engineer during construction will be paid to the Contractor on a Time & Materials basis. An amount of $2, 500 is determined for this bid item. Item No. 138 Furnish and Install 2-Inch Layer of Walk -On Mulch: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing a 2-inch thick layer of mulch, and all other items as required to complete the work in place. Utilize Aguinaga Forest Floor 0-2" or approved equal. Pg. 4 of 4 Plans Revision to Detail A on Sheet 23 of 25 (Newport Boulevard): Callout #13 — change Model #QP-30BF to QP-22BF. Revision to Detail E on Sheet 23 of 25 (Newport Boulevard): Change control wire sleeve size to 1-1/4°. Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Marina Landscape, Inc. Bidder's Name (Please Print) 12/08/2 23 Date UA kuthorize&Vftfiature & Title Hue Ta ajce President of Estimating Attachments: - Sample Contract - Revised Detail A & E Sheet 23 of 25 (Newport Boulevard) Pg. 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Pp� p ti � ryn. ADDENDUM NO. 3 NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) & WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) PROJECT NO. 231-01 CONTRACT NO. 9226-1 DATE: 2' ' 2 Byld4a�6a"" �� 1, Deputy P /Ci Endirieer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. NOTICE OF INVITING BIDS Bid Opening date changed to: December 12, 2023 at 10:00 AM. Pg. 2 of 2 Bidders must sign this Addendum No. 3 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 3 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. MARINA LANDSCAPE, INC. Bidder's Name (Please Print) 12/08/2023 Date Authorized Signatu Ntle Hue Ta - Vice Pre,ident of Estimating MAJUNAP-mir SfilJ Grow;r�g r Marina Landscape, Inc. Resolution to Sign Contracts, Bid Documents and Bid Bonds Whereas, the Corporation requires an additional person as the Corporate Assistant Secretary for signing and executing the Contracts, Bid Documents, and Bid Bonds in the absence of the Secretary. Whereas, it would be desirous to have two (2) Assistant Secretaries available to sign Documents, or in the absence of the President/CEO/Secretary, be it: Resolved, that the CEO, Vice Presidents, and Assistant Secretaries of this Corporation be hereby authorized and empowered to sign Contracts, Bid Documents and Bid Bonds, in the name of and on behalf of this Corporation. Resolved, that Hue Ta is assigned the title of Vice President of Estimating, and is authorized as such to sign Contracts, Bid Documents, and Bid Bonds. The undersigned hereby certifies that he is the duly elected and qualified Secretary and the custodian of the books and records and seal of Marina Landscape, Inc., a corporation duly formed pursuant to the laws of the state of California and that the foregoing is a true record of a resolution duly adopted at a special meeting of the Board of Directors and that said meeting was held in accordance with state law and the Bylaws of the above -named Corporation on March 1, 2019, and that said resolution is now in full force and effect without modification or rescission. In witness whereof, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above -named Corporation this 111 day of March, 2019. Robert B. Cowan, Secretary Marina Landscape, Inc. MARINA LANDSCAPE, INC. 3707 W. Garden Grove Blvd. , Orange. CA 92868-4803 1 714 939 6600 r 714 935 1199 A, marinaco com t License 9492862 A B C27 C24 C36. D49. D59 City of Newport Beach Page I of 39 Newport Boulevard Landscape Improvements (Industrial Way to Pacific Coast Highway) & West Coast Highway Landscaping Improvements (West City Limits to Highland St) (9926-11, bidding on 12/12/2023 RBrQ@d1}ID(P2W23 Project Title Newport Boulevard Landscape Improvements (Industrial Way to Pacific Coast Highway) & West Coast Highway Landscaping Improvements (West City Limits to Highland St) Invitation # 9926-1 Bid Posting Date 10/06/2023 3:16 PM (PST) Project Stage Closed Bid Due Date 12/12/202310:00 AM (PST) Response Format Electronic only Link to Project https:#pbsystem.planetbids.com/portal/22078/bo/bo-detail/l10420 Reference ID Project Type Bid Response Types Line Items Subcontractor Bid Bond General Attachment Type of Award Lump Sum Categories 96875 - Streetscaping Services 98800 - Roadside, Grounds, Recreational And Park Area Services 98852 - Landscaping (Including Design, Fertilizing, Planting, Etc., But Not Grounds Maintenance Or Tree Trimming Services) 98888 - Tree Trimming And Pruning Services License Requirements A and C-27 Restriction None Restricted To Department Public Works Address 100 Civic Center Drive Newport Beach, California 92660 County Orange Bid Valid Liquidated Damages $1,800 per day Engineer's Estimate $995,000,00 Estimated Bid Value $995,000 Start/Delivery Date Project Duration 90 consecutive working days Prevailing Wage Yes Cooperative Bid No Piggy-backable No PlanetBids NEWPORT BOULEVARD LANDSCAPE IMPROVEMENTS (INDUSTRIAL WAY TO PACIFIC COAST HIGHWAY) & WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS (WEST CITY LIMITS TO HIGHLAND ST) CONTRACT NO. 9226-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 9th day of January, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MARINA LANDSCAPE, INC., a California corporation ("Contractor"), whose address is 3707 W. Garden Grove Blvd, Orange, CA 92868, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work, "The work necessary for the completion of this contract consists of: 1) Newport Blvd. (Industrial Way to Pacific Coast Highway): This portion of the project is separated into the Base Bid comprising the median work with only a small part of the Easterly slope and irrigation point of connection improvements. Bid Alternate No. 1 comprises the westerly slope landscape improvement work. Bid Alternate No. 2 comprises the remaining portion of the easterly slope. Scope of Work generally involves grubbing and clearing the understory plantings of the median islands and relandscaping and irrigating with a new system. Additionally, the east and west landscape setback slopes shall receive enhanced landscaping and new irrigation with existing control systems upgraded. 2) West Pacific Coast Highway (West City Limits to Highland St.): This scope of work is part of the Base Bid with the Newport Blvd median work. Provide landscape and irrigation improvements to the landscape setback area and upgrade the irrigation control system[,]" (the "Project" or "Work"). C. Due to a scrivener's error, the advertisement for bids erroneously identified the work as Contract No. 9926-1, but is correctly identified on the bid documents as Contract No. 9226-1. D. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 9226-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million Twenty Six Thousand One Hundred Twenty Dollars and 96/100 ($1,026,120.96). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Ali Tavakoli 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. Marina Landscape, Inc. Page 2 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq. ). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 Marina Landscape, Inc. Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Ali Tavakoli Marina Landscape, Inc. 3707 W. Garden Grove Blvd Orange, CA 92868 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. Marina Landscape, Inc. Page 4 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774 and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. Marina Landscape, Inc. Page 5 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Marina Landscape, Inc. Page 6 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall Marina Landscape, Inc. Page 7 indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. Marina Landscape, Inc. Page 8 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Marina Landscape, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: laton C. Harp . y Attorney y ATTEST: Date: ���.�'�,.. ►� r%LtIl CITY OF NEWPORT BEACH, a California municipal corporation Date: 1/.2 -r By:�C Will O'Neill Mayor CONTRACTOR: Marina Landscape, Inc., a California corporation Date: Signed in Counterpart By: Ali Tavakoli Vice President Date: Signed in Counterpart Bv: Kristen Ness Assistant Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Marina Landscape, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Dater/ 1 / P14 By: -j� ot a on C. Harp Ti y Attorney �y ATTEST: Date: M Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Will O'Neill Mayor CONTRACTOR: a California corpo Date: j, A — u Ali'TavaRoii Vice President Marina Landscape, Inc., ration — Assistant Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Marina Landscape, Inc. Page 10 AT EXHIBIT A CITY OF NEWPORT BEACH BOND NO. PB11510401417 Premium included with performance bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Marina Landscape, Inc. hereinafter designated as the "Principal," a contract for, "The work necessary for the completion of this contract consists of: 1) Newport Blvd. (Industrial Way to Pacific Coast Highway): This portion of the project is separated into the Base Bid comprising the median work with only a small part of the Easterly slope and irrigation point of connection improvements. Bid Alternate No. 1 comprises the westerly slope landscape improvement work. Bid Alternate No. 2 comprises the remaining portion of the easterly slope. Scope of Work generally involves grubbing and clearing the understory plantings of the median islands and relandscaping and irrigating with a new system. Additionally, the east and west landscape setback slopes shall receive enhanced landscaping and new irrigation with existing control systems upgraded. 2) West Pacific Coast Highway (West City Limits to Highland St.): This scope of work is part of the Base Bid with the Newport Blvd median work. Provide landscape and irrigation improvements to the landscape setback area and upgrade the irrigation control system[J' in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Philadelphia Indemnity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million Twenty Six Thousand One Hundred Twenty Dollars and 96/100 ($1,026,120.96) 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 Marina Landscape, Inc. Page A-1 respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly execute y the bove named Principal and Surety, on the 1st day of L February , 2024 Marina Landscape, Inc. Name of Contractor (Principal) A t�rized Signature/Title freMai+- Philadelphia indemnity Insurance Company Name of Surety Au o ' gent Signature 800 E. Colorado Blvd., 6th Floor, Pasadena, CA 91101 Ryan Butterfas, Attorney -in -Fact Address of Surety (626)639-1328 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: / ;�/ZK mm By: ol`�r) ron C. Harp ity Attorney a �S�zy Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Marina Landscape, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Marina Landscape, Inc. Page A-3 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 Orange ) On � � � before me, Kristen Ness, Notar Public (insert name and title of the officer) personally appeared IAH Tavakoli who proved to me on the basis of sat0ac�iden�o be the person(s) whose name(s) is;urc subscribed to the within instrument and acknowledged to me that he/s- od+"cy executed the same in his hcr,'thc, ', authorized capacity(iGG), and that by his/,"t lth--. signature(G) on the instrument the person(=r.), 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. *my KRISTEN NESS Notary Public - California WITNESS my hand nd official seal. _ corrng Cou 8306ffll Comm. Expires Nov 25, 2026 n i Signature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On1 0 24 before me, _ Adelaide C. Hunter, Notary Public Date Here Insert Name and Title of the Officer personally appeared Ryan Butterfas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *4,AADELAIDE C. HUNTERNotary Public - CaliforniaOrange County Commission ; 2343124 Signature y Comm. Expires Jan 23, 2025 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats, Matthew J. Coats, Summer Reyes and Ryan Butterfas of Coats Surety Insurance Services, Inc., its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, rccognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14"' of November. 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (Seal) Soh Glonrb, 11residertt ,4. CFO Philadelphia Indemnity Insurance Company On this 5" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: Commonwealth of Fennsylvania - Notary Sea! / Vanessa Mokenzle, Notary Public Montgomery county My oommission expires November 3, 2024 Commf%sion number 1366394 Mairoar: Ponnsrylva^:3Assod stion of Notaries residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5' day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 'St day of February 20 24 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY EXHIBIT B CITY OF NEWPORT BEACH BOND NO. PB11510401417 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 6,218.00 being at the rate of $ 7.70 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Marina Landscape, Inc. hereinafter designated as, the "Principal," a contract for "The work necessary for the completion of this contract consists of: 1) Newport Blvd. (Industrial Way to Pacific Coast Highway): This portion of the project is separated into the Base Bid comprising the median work with only a small part of the Easterly slope and irrigation point of connection improvements. Bid Alternate No. 1 comprises the westerly slope landscape improvement work. Bid Alternate No. 2 comprises the remaining portion of the easterly slope. Scope of Work generally involves grubbing and clearing the understory plantings of the median islands and relandscaping and irrigating with a new system. Additionally, the east and west landscape setback slopes shall receive enhanced landscaping and new irrigation with existing control systems upgraded. 2) West Pacific Coast Highway (West City Limits to Highland St.): This scope of work is part of the Base Bid with the Newport Blvd median work. Provide landscape and irrigation improvements to the landscape setback area and upgrade the irrigation control system[,]" in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Philadelphia Indemnity Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Twenty Six Thousand One Hundred Twenty Dollars and 96/100 ($1,026,120.96) 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 Marina Landscape, Inc. Page B-1 exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has and Surety above named, on the 1st day off Marina Landscape, Inc. Name of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety 800 E. Colorado Blvd., 6th Floor, Pasadena, CA 91101 Address of Surety (626) 639-1328 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: -` ron C. Harp Ills City Attorney ais�ay Agent Signature Ryan Butterfas, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED pal Marina Landscape, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } SS. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Marina Landscape, Inc. Page B-3 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 Orange 1 !� before me, Kristen Ness, Nota Public On ' (insert name and title of the officer) personally appeared r"' ' " who proved to me on the basis of satis ac ory evi ence o be the per, whose name;, i subscribed to the within instrument and acknowledged to me that helshcr=1'"=y executed the same in c` and that by his;"er%ttacir signature(s`, on the instrument the his/"o,•t"c:r authorized capacity�lc�,, person(s), or the entity upon behalf of which the person(r`, 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. KRISTEN NESS WITNESS my hand and official seal. Signature (Seal) �= Notary Public • California i ' _ Orange County > Commission 4 2428306 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On F E B 0 1 2024 before me, Date personally appeared Adelaide C. Hunter, Notary Public Here Insert Name and Title of the Officer Ryan Butterfas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADELAIDE C. HUNTER WITNESS my hand and official seal. Notary Public - California � -- '- - Orange County Commission # 2343124 025 Signature My Comm. Expires Jan 23, 2Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: __ Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited L- General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: Signer's Name: _ ❑ Corporate Officer — Title(s): D Partner — ❑ Limited ❑ General C Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 92014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 PHILADELPHIA INDEMNITY INSURANCE, COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats, Matthew J. Coats, Summer Reyes and Ryan Butterfas of Coats Surety Insurance Services, Inc., its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizanccs and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14' of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (Seal) Jah t31otob, President & CEO Philadelphia Indemnity Insurance Company On this 5°i day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Commoweaft of Pennsylvania - Notary Sea! Notary Public: y Vanessa Mckenzie, Notary Public Montgomery county My commission expires November 3, 2024 Commission number 1366394 Member. Penns yNa,:i ASSOCiatlon of Netariea residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5`h day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 1 St day of February 20 24 j Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. 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 Marina Landscape, Inc. Page C-1 shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars ($4,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance limits are exhausted by paid claims; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. E. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period. Claims -made policies require a 10-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. Marina Landscape, Inc. Page C-2 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. 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 Marina Landscape, Inc. Page C-3 Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. 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. Marina Landscape, Inc. Page C-4 F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered 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. Marina Landscape, Inc. Page C-5 c a n !� �I�11 lJ III �: c � _ — ; N •— CD CD i N m CL CL y i6 tD CL o m CL 3 N N O N m `� � r in '! ! 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