HomeMy WebLinkAboutC-9451-1 - Underground Utilities Assessment District No. 124 (Central Balboa Island - Phase 1)CITY OF NEWPORT BEACH
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NOTICE INVITING BIDS
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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 12t" day of December, 2023,
at which time such bids shall be opened and read for
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 1)
CONTRACT NO. 9451-1
$16,500,000
Engineer's Estimate
�LI FQR��
Approved by
James M. Houlihan
puty PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?Company]D=22078
MANDATORY PRE -BID MEETING
A mandatory pre -bid MEETING will be conducted for this project on NOVEMBER 28, 2023
at 10:00 am., at the Civic Center Community Room located at 100 Civic Center Drive,
Newport Beach, CA. 92660. Bidders who do not participate may be considered non-
responsive.
Hard copy bid documents will be available November 6, 2023, from:
Mouse Graphics, 659 W. 191' Street, Costa Mesa, CA 92627
Email INFOCa)SENDMOUSE.COM or call (949) 548-5571 for shipping information
ALL GENERAL CONTRACTORS ARE REQUIRED TO ORDER ONE SET TO BID PROJECT
Contractor License Classification(s) required for this project: "A"
For further information, call Alfred Castanon, Project Manager at (949) 644-3314
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 1)
CONTRACT NO. 9451-1
TABLE OF CONTEN
NOTICE INVITING 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
NOTICE TO SUCCESSFUL BIDDER........................................................................... 21
CONTRACT.................................................................................................................. 22
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit C
PROPOSAL.............................................................................................................. PR-1
SPECIAL PROVISIONS............................................................................................ Sp-1
2
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 1)
CONTRACT NO. 9451-1
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 cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.)
The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on
the outside of the envelope containing the documents.
4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
3
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 —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
12
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.
E. MANDATORY Pre -Bid Meeting attendance is required for this Project. The meeting will be
conducted on NOVEMBER 28, 2023 at 10:00 am. Information regarding the mandatory
Pre -Bid Meeting will be noticed to registered bidder. All contractors wishing to bid on this
project shall be represented by its CEO/Owner who will be signing the contract documents,
or Superintendent who will be managing the Project, at this mandatory meeting. Bidders
who do not participate may be considered non -responsive.
The signature below represents that the above has been rev'ewed. /
I`11L°51C? CIO A .a( U. tv�
Contractor's License No. & Classification uthodze Signature/Title
DIR Registration Number & Expiration Date
Bidder
5
Date
Liberty
Mutual.
SURETY
CONTRACTOR:
(Nance, legal status and address)
International Line Builders, Inc.
1450 Iowa Ave, Suite 110
Riverside, CA 92507
OWNER:
(Nance, legal status and address)
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
SURETY:
(Nance, legal status and principal place ojbnsiness)
Liberty Mutual Insurance Company
175 Berkeley Street
Boston, MA 02116
MAILING ADDRESS FOR NOTICES:
BOND AMOUNT: 10% Ten Percent of Amount Bid
This document has important
legal consequences.
Consultation with an attorney
is encouraged with respect to
its completion or modification.
Any singular reference to
Contractor, Surety, Owner or
other parry shall be considered
plural where applicable.
PROJECT:
(Name, location or address, and Project number, ifanry)
Underground Utility Assessment District No. 124 (Central Balboa Island - Phase 1), Contract No. 9451-1
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this
Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period
as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with
the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in
the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of
this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another
party to perform the work covered by said bid, then this obligation shall be null and void, othenvise to remain in full force and effect. The
Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the
bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for
acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond
sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this
Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or
other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
Signed and sealed this 14th day of December
(Witness)
f
(I tress)
2023
international Line Builders, Inc
(Contractor as Principal) (Seal)
By: t �(
(T' e)
Liberty Mutual Insurance Company `wo e9�
(Surety)
r 1912
clpk
By:
_ gSs 2
(Title) Michelle Halter, Attorney -in -Fact
Init. Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text
/ r1Ns•20B62e oam in AIA Document A310-2010 Edition Bid Bond.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On December 13, 2023
before me, Tiffany Reinsimar, Notary Public
(insert name and title of the officer)
personally appeared Arnold Arias, Vice President
who proved to me on the basis of satisfactory evidence to be the p rso whose nam )(jj a
6s bscribed to the within instrument and acknowledged to me that Q3 /s)m/they executed the same in
}i 4ff/their authorized capacity), and that by(pis/her/their signaturefs) on the instrument the
persoW, or the entity upon behalf of which the perso*) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
a
WITNESS my hand and official seal. v REINSi,w;R
Notary Public - Ca!Ycri,a
;3 Riversice County _
t *Commission x 2358591
My Comm. Expires may 23. 2C25
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 ROX4i7 N Minnesota
County of Hennepin )
On December 14, 2023 before me, Kelly Nicole Enghauser, Notary Public
(insert name and title of the officer)
personally appeared Michelle Halter, Attorney -in -Fact
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 (RadKO(Kill that the foregoing
paragraph is true and correct. Minnesota
"T� KELLY NICOLE ENGHAUSER
WITNESS my hand and official seal.° -� Notary public
State of Minnesota
My Commission Expires
January 3 i, 2026
Signature � � {Seal)
Liberty
1Viutual
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No 8209635-190003
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire. that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Blake S
Bohtig Brian D. Carpenter Craig Olmstead F.rik T. Gunkel Haley Pflug, Heather R. Goediel. Jessica Hecker; Kelly Nicole Enghauser, Laurie Pflug, Michelle Ifaller,
Michelle Ward, Nicole Langer
all of the city of Bloomington state of MN each individually if there be more than one named, its true and lawful attomey-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 20th day of March 2023
Liberty Mutual Insurance Company
ti tNSu,2 01 INS&qtNsugq The Ohio Casualty Insurance Company
�VP4pRP°R4r�'% yJP°oRpoR4 \°¢PORarF yC, West American Insurance Company
191 0 0 1919 1991
d� S,cHuse' da 0 h4Mv°' da es N°taMP da
David M. Carey, Assistant Secretary
.ti tg State of PENNSYLVANIA ss rQ
ar & County of MONTGOMERY
j On this 20th day of March 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
cif Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
> therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
Q� cc
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written
N r ,
O 9)Q.w t �Or+w� �� Commonwealth of Pennsylvania - Notary Sear
4 -C Teresa Pasteila. Notary Public
wU �` t = '' Montgomery CountyAB-
O Jp My commrssron expires Marco 28, 2025 By: [ c�•Q A� �.Q%�
fD �Y sa j Commission number 11260"
Member. Pemisyivanm Assocatton of Not— Teresa Pastella, Notary Public +t:�
13, u"
4? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance
-� Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: YYY
ARTICLE IV - OFFICERS: Section 12. Power of Attorney. i
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President b
U
may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all cp
M C undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full to
O power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall
Z be as binding as if signed by the President and attested to by the Secretary. Any pourer or authority granted to any representative or attomey-in-fact under the provisions of this
article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ILL -a
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 14th day of December 2023
Py tNSu.9 Sv INS" %Nsij
ti`� c°RQ°x�� yCs oi`� °°avor�r'Qgy VP ` �'C+
J 3 Fo 4 3 Fo C, 3 Fo rn
1912 0 0 1919 n in 2 1991
d�'TS,cHns� as y� ihnwvg`'�¢ya� rs rhOrANP ,aa� By:
Renee C. Llewellyn, Assistant Secretor
ry
LMS-12873 LMIC OCIC WAIC Multi Co 0221
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 1)
CONTRACT NO. 9451-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $1,000,000 and which relate to utility underground work, provide
the following information:
Contractor must have past or present experience working directly for the Southern
California Edison Company (SCE) constructing underground civil improvements in order
to qualify for this contract.
No. 1
Project Name/Number t''�`1 ' WV-Moy— �
Project Description G.00y� �', OLVt Avv�,Lk ,,yvo-64 Ok V�4St�r�u�wr
Approximate Construction Dates: From !' To: 2 i
Agency Name i .,
Contact Person Telephone (ID?)
Original Contract Amount $Final Contract Amount $ r
If final amount is, different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
L i
10
No. 2
Project Name/Number
Project Description C., 'l (,11 �U4--V-�
Approximate Construction Dates: From i 12 Uo To: csy 1
Agency Name c;�lwrn Lc1�%�
Contact Person �' E"3 �� - r�, Telephone (tiSl}
Original Contract Amount Final Contract Amount $ r I
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 3
Project Name/Number
Project Description �,,?>> rit�it�✓t+h�w,
Approximate Construction Dates: From To: ✓`�i �ty�
Agency Name
Contact Person Telephone
Original Contract Amount $ i,er> Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
i 14
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
11
No. 4
Project Name/Number f 6kV VA*—' U! t-A
Project Description 'J' 't j .icy +✓t N�1�c�2'1
Approximate Construction Dates: From To: I�iZ�23
Agency Name
Contact Person , R
Telephone (424) Z-4f4- -M �
Original Contract Amount $ , . Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
tI
No. 5
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
To:
Contact Person Telephone ( )
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
12
No. 6
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
To:
Telephone (
Original Contract Amount $ Final Contract Amount $,
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on -site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
r�Y1l 2yy��1�UJ:. APr25 :fin(,. - %1,
Bidder Autl�drized Signature/Title
13
LB 1 "�� "
LINE BUILDERS lt)ERi IN(
RIVERSIDE, CA
OBJECTIVE linformation Resume for Project Qualifications
PROFESSIONAL
EXPERIENCE
Contract Manager Capital Projects
International Line Builders
2020 - Present
Eric.Loza@ilbinc.com
(951)961-1158
1450 Iowa Ave, Suite 110
Riverside, CA. 92507
Oversee 6 Contract Superintendents along with direct involvement of all field personnel.
Coordination of man power and delegation of supervision. Attend customer meetings, Support
and achieve customer driven goals. Assist in Development of new processes and procedures for
a safe work environment. Tracking of projects in progress as well as financial and budget
overview on projects. Address Customer Issues and Concerns. Review and address
environmental requirements and compliance for new projects. Perform safety and
environmental observations to maintance our compliance goals. Coordinate with city and state
municipalities. Coordinate training and development of employees. Conduct weekly meetings
with Superintendents to address any issues and go over work progress and schedule. Conduct
monthly meetings with our workforce, delivering trending areas of improvement along with
required Toolbox Training Talks fulfilling our coorporate safety goal within the organization.
Superintendent
International Line Builders
2009 - 2020
Supervise and oversee crews working on large projects for Southern California Edison, City of
Anaheim, and other private municipalities. Electrical substructure projects ranging from one
thousand to four million dollar projects. Southern California Edison Distribution / Southern
California Edison Transmission / City of Riverside / City of Anaheim / DWP / City of Industry /
AT&T / Verizon. Oversee daily activities for crew on projects from $100K to $2M+. Wreck outs.
Completed over 70 vault replacements in various configurations.
Foreman
Pouk & Steinle
2003 - 2009
Large Projects for City of Anaheim, City of Riverside, Southern California Edison Distribution and
Transmission. Oversee daily activities for multiple crews on large multi -million dollar projects.
Completed over 30 vault replacements in variouse configurations.
ERIC
LOZA
CONTRACT
MANA"R
I
CF�pITA_CM
Laborer
Lambco Engineering
2002 - 2003
Large and Small Projects for City of Anaheim, City of Riverside, Southern California Edison
Distribution, and AT&T.
PROFESSIONAL
EXPERIENCE
Laborer / Foreman
(Continued)
Hood Communications Inc. (HCI)
2001 - 2002
Maintenance work for AT&T/SBC. Repair maintenance for pedestal, hand holes, man holes, and
conduit repair. Rodding and over ridding existing conduits, and pulling communications cable.
Maintenance line clearing tree trimming around communication lines.
CURRENTLY
• Chipping on encased duct bank
CERTIFIED TO
TRAIN
• CPR Training
•Incident and Hazard Analysis
• Training
id
First Aid
• Sexual Harrasment in the Workplace
• OSHA Training
• Competent person full course
• OSHA 30 Training
excavation training
• Distracted Driving Training
• Flagger Training
SPECIAL
•Chipping on encased duct bank training
•Confined and Enclosed Space training
TRAINING
•Smith Driving Training
•Qualified live electrical person training
• Hostile Workplace Training
•Gold Shovel Training
• Risk Management Training
• Reasonable suspicion training
• Environmental Compliance Training
• Storm Water, Pollution Prevention
•WEAP (Worker Environmental Awareness
• Cyber security training
Program) Trained
• Cerritos College 1997 - 2000
EDUCATION
• Keys to Learning Education High School 1993 - 1997
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND - PHASE 1)
CONTRACT NO. 9451-1
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of �2,,2Y: >,:% , )
nc4�i?v r�� being first duly sworn, deposes and says that he or she is
of �^. ,. -i �,�•� �v v 1, ;:� - v �� the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;
that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has
not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,
or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix
any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage
against the public body awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price
or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member
or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.
Bidder Au razed Signature/Title
Subscribed and sworn to (or affirmed) before me on this__L� day of I' (i2.m?;P2023
by Iiir00Y) griQS U i(P QY fS \66'n , proved to me on the basis of satisfactory
evidence to be the person(Vwho 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] #my
71FFANY REINSIMAR
Notary Public . CaliforniaRiverside County �Commission235859t
Comm. Expires
May 23, 2025
14
Notarylic
My Commission Expires: S
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 1)
CONTRACT NO. 9451-1
DESIGNATION OF SURETIES
Bidder's name 3yc
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):
i..iv�.��i-`� N.1�1', �,�.� � �iti �1`t ��� `i�ie� �t ix��✓► i`�i c?Zii . _ . wry 35 } �stx�
1,4bz,c1�-,j px.0 o"
LYV- ,nY �,� tv�-go,
�p - �W-�, v1U Soto
1 l �lcis i� Y�+iy v�1 ��Yrat�kl �y� A 2 1-A T,± ULXD . Gv
15
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 1)
CONTRACT NO. 9451-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name
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
�.
_
jam._
•r
-
:;
,
"
Total dollar
Amount of
�� ,
a¢; ,
Contracts (in
Thousands of $
No. of fatalities
No. of lost
Workday Cases
No. of lost
workday cases
involving
permanent
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder Vim} vuvlhtvlkc.:
Business Address: SH51} tb�YkPW 4k\G1 I -0-�ue'rsicb,CR'12-5tq
Business Tel. No.:
State Contractor's License No. and
Classification:
Title
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
bidder ✓" tf
Title
Signature of
bidder
Date i2,13
Title yA
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
MOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside )
On December 13, 2023 before me, Tiffany Reinsimar, Notary Public
(insert name and title of the officer)
personally appeared Matthew Edwards, Vice President
who proved to me on the basis of satisfactory evidence to be the person(.&) whose names) W
subscribed to the within instrument and acknowledged to me that&/sif-/t4e'y executed the same in
I�hLr/thvt authorized capacity( s), and that by�his�'hep/their signature() on the instrument the
personal, or the entity upon behalf of which the personaAl acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal r, 71FFANYRE-IMAR
Notary Public - Califcr a
Riverside County
commission # 23599
My Comm. Expires May' 2C25 r
Signature f�----`�— (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 Riverside )
On December 13, 2023
before me, Tiffany Reinsimar, Notary Public
(insert name and title of the officer)
personally appeared Arnold Arias, Vice President
who proved to me on the basis of satisfactory evidence to be the pp
.Csor(q whose nam*9 " /,-n-e
subscribed to the within instrument and acknowledged to me that e. l40ey executed the same in
i /their authorized capacity(ia), and that by ii her/tMir signaturats) on the instrument the
personal or the entity upon behalf of which the person(`i;j 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. (--- 'aFFA• - -REiNSjMARNotary F:.b;ic - Ca!iformaRiversice County
Commission # 235859!
_y Comm. Expires May 23, 2025
Signature Wv �-- �~ (Seal)
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 1)
CONTRACT NO. 9451-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name 11��C►2v���fi
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Si nature
Page 1 of 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
I
1n
/_
cq�rFoaN0-
ADDENDUM NO. 1
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND - PHASE 1)
CONTRACT NO 9451-1
DATE: December 4, 2023 BY:-22
ep yt PWD/City 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 INVITING BIDS
Change bid opening to December 14, 2023, at 10:00 A.M.
PLANS
Spectrum — The four meter cabinets and three pedestals proposed for construction on
Park Avenue will be set by Spectrum contractors. This work will not be part of the bid. The
contractor will be required to cap conduits and offset a mark in street area.
AT&T — Attached are mark-ups adding ground beds at several locations throughout Balboa
Island including the North Bay Front Alley area (AD 124 — Phase 0). The contractor will
furnish all materials and include this work within AD 124 — Phase 1 and AD 124 - Phase 0
in the bid.
MANDATORY PRE -BID MEETING INFORMATION
The attached minutes are hereby incorporated into the contract documents.
The PowerPoint presentation from the Mandatory Pre -Bid meeting will be posted on
PlanetBids but is NOT attached to this addendum.
Page 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.
tv
Bidder's Name (Please Print)
Date
Authorized Signature & Title
ATTACHMENTS:
Mandatory Pre -Bid Meeting Minutes
Qualified Bidders List
AT&T Ground Bed Locations
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 1)
CONTRACT NO. 9451-1
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: �+n-Vvi i_. ;• ,. ik-ieY,, .Oc
Business Address: + Y
Telephone and Fax Number: "ZH ,p
California State Contractor's License No. and Class:-Yr-S71 r + ?
(REQUIRED AT TIME OF AWARD)
Original Date Issued: Expiration Date: -
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and company or corporate officers having a principal
interest in this proposal:
Name Title Address Telephone
1
11C�L1 �tG i(k Lt �Yi1'S1X v� y- ,`'n- oc2., titcl',
2 C51�) i v'2 0f'1'D
Corporation organized under the laws of the State of CCk fTvyl'icA.
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
Wel
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
�,. 'I {1 }
Briefly summarize the parties' claims and defenses;
Have you ever had a contract terminated by the owner/agency? If so, explain.
Have you ever failed to complete a project? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes / No-,
Are any claims or actions unresolved or outstanding? Yes /,No
If yes to any of the above, explain. (Attach additional sheets, if necessary)
20
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive.
Bidder
(Print name of Owner or President
of Corporation/Company)
"--/// V-C� 4Z'3-L
thorized ignature/Title
Title
l2-1i2j2"-).
Date
On OC(kMY)n' 13 a0%1 before me, '--Vk (-kAn- -tie ih.I+rl�, G' , Notary Public, personally appeared
0try'6\0 A ri o 1s. U % CR. who proved to me on the basis of
satisfactory evidence to be the persons whose namptsb/ptne subscribed to the within instrument and
acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(i�), and that
by0iiW110t#bir signatureO on the instrument the person(s), or the entity upon behalf of which the person*
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
L. - G--------
Notary Vublic in and for said State
My Commission Expires: S ' o)�
21
(SEAL) r'417w'
TIFFANY REINSiMAR
Notary Public • California
Riverside County
Commission # 2M59i
Comm. Expires May 23. 2025
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 1)
CONTRACT NO. 9451-1
(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. 9451-1 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:
Date
` Lctj�!,�q vf;° ) ytisl);j --t-,wC,
Bidder's Telephone and Fax Numbers
Bidder's License No(s).
and Classification(s)
DIR Registration Number
Bidder
Bidder's Authorized Signature and Title
k
Bidder's Address
Bidder's email address: tr-. .o :i a..v7 @ 1 ll,'1v►c_ t
PR-1
City of Newport Beach
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124
(CENTRAL BALBOA ISLAND — PHASE 1)
CONTRACT NO. 9451-1
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.
Bidder
9
o4- J,6z4
rized Signature/Title
City of IJewport Beach
Under9rcund Utility Assessment Distncl No. 124 (Central Balhca Island -Phase 1 / 19451-1), bidding on 12/14/2023 10'Ou AM IPSTI
Page 1 c1 4
Printed 12/14/2023
Bid Results
Bidder Details
Vendor Name
International Line Builders, Inc.
Address
1450 Iowa Ave Suite 110
Riverside, California 92508-6610
United States
Respondee
Carmen Polan
Respondee Title
Project Manager
Phone
951-382-8076
Email
Carmen.Polan@ilbinc.com
Vendor Type
CADIR
License #
782515
CADIR
1000007032
Bid Format
Electronic
Submitted
12/14/2023 8:32 AM (PST)
Delivery Method
Bid Responsive
Bid Status
Submitted
Confirmation #
356675
Respondee Comment
Buyer Comment
Attachments
File Title
Newport Beach 124 bid docs.pdf
Newport Beach 124 bid bond
Newport Beach 124 bid bond
File Name
Newport Beach 124 bid docs.pdf
newport beach 124 bid bond.pdf
newport beach 124 bid bond.pdf
File Type
General Attachment
Bid Bond
Bid Bond
P:anetBids
City of Newport Beach
Underground Utility Assessment District No. 124 (Central Balboa Island - Phase 1) (9451-1), bidding on 12/14/2023 10:00 AM (PST)
Page 2 of 4
Printed 12/14/202.1
Subcontractors
Showing 1 Subcontractor
Name & Address
Rain For Rent
1301 East Spring Street
Long Beach, California 90806
Desc License Num
Dewatering 904992
CADIR Amount Type
1000007030 $2,150,000.00
PlanetBids
City of Newport Beach
Underground Utility Assessment Distract IVo. 124 (Central Balboa Island - Phase 1) (9451-1), bidding on 12/14/2023 10:60 AM (PST)
Page 3 of 4
Printed 12/14/2023
Line Items
Discount Terms No Discount
Item Item
a Code Type
Section 1
R
Item Description
UOM OTY Unit Price Line Total Response Comment
$11,969,969.88
Underground Utility Assessment District No. 124 (Central Balboa Island - Phase 1) -Contractor shall submit a detailed schedule of Lump 1 $11,969,969.88 $11,969,969.88 Yes
values for this lump sum bid to the Engineer within three (3) days of award of contract for review and approval. Sum
PlanetBids
City of Newport Beach
Underground Utility Assessment District No. 124 (Central Balboa Island - Phase 1) (9451-1), bidding on 12/14/2023 10:60 AM (PST)
Page 4 of 4
Printed 12/14/2023
Line Item Subtotals
Section Title
Section 1
Grand Total
Line Total
$11,969,969.88
$11,969,969.88
PlanetBids
UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124 (CENTRAL BALBOA
ISLAND — PHASE 1)
CONTRACT NO. 9451-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 1 st day
of February, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH,
a California municipal corporation and charter city ("City"), and International Line Builders,
Inc., a Delaware corporation ("Contractor"), whose address is 19020A SW Cipole Road,
Tualatin, Oregon 97062, 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 includes, but is not limited to,
mobilization, traffic control, water pollution control, potholing and field verifications
of existing utilities, trench construction, dewatering, furnishing and installing
conduit with poly -pull ropes including service lateral runs, utility pullboxes,
handholes, vaults and all associated items necessary for the conversion of existing
overhead and electrical power, telephone, and cable television services to
underground locations as required and intended by the plans, specifications, and
further specified by Southern California Edison, AT&T and Spectrum standards
within UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 124 (PHASE 1);
any costs resulting from work performed that was directed by Southern California
Edison, AT&T and Spectrum engineers, inspectors or other personnel will not be
compensated unless said work was approved by the Engineer prior to work
commencing; Contractor shall perform all trenching, backfill, pavement restoration,
resurfacing and replacement of existing improvements (public or private including
but not limited to driveways, fences, walls, signs, landscaping, mailboxes, and
other such items) associated with or resulting from the work identified herein (the
"Project" or "Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 9451-1, 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 Eleven Million Nine Hundred Sixty Nine Thousand Nine
Hundred Sixty Nine Dollars and 88/100 ($11,969,969.88).
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 Carmen Polan 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.
International Line Builders, 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.
represent City in all matters pertaining to
Contract.
6. NOTICE OF CLAIMS
The Project Administrator or designee shall
the Work to be rendered pursuant to this
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
International Line Builders, Inc. Page 3
P.O. Box 1768
Newport Beach, CA 92658
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Carmen Polan
International Line Builders, Inc.
19020A SW Cipole Road
Tualatin, OR 97062
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.
International Line Builders, Inc. Page 4
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract or for other periods as specified in the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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
16.1 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
International Line Builders, Inc. Page 5
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.
16.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply
and the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem
wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport
Beach, California 92660, and are available to any interested party on request.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
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,
International Line Builders, Inc. Page 6
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
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.
International Line Builders, Inc. Page 7
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 seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Contract by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
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.
International Line Builders, Inc. Page 8
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
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.
International Line Builders, Inc. Page 9
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]
International Line Builders, 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
Date: I f H L
By: � d/ C
ron C. Har
ity Attorney
ATTEST:
Date: , a�
By:h4w-cP
Leilani I. Brown
City Clerk
I<
C
'4Ll FOt;e
t/Zti/Z'{ Y\1_
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 2-lz -7 /Z
By:
Will O'Neill
Mayor
CONTRACTOR: International Line
Builders, Inc., a Delaware corporation
Date:
Signed in Counterpart
By:
Jeffrey S. Thiede
Chief Executive Officer
Date:
By:
Jon B. Hunke
Chief Financial Officer
Signed in Counterpart
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
International Line Builders, Inc. Page 11
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: 1112W) `�
r'� By: �i_�
ron C. Harp /
City Attorney
ATTEST:
Date:
is
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONTRACTOR: International Line
Builders, Inc. a Delaware corporation
Date: 0)�7-�
By:
J rey S. Thiede
Chief Executive Officer
Date: /3%,j
By:r
Jon Hunke
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
International Line Builders, Inc. Page 11
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 190053225/107952182
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
International Line Builders, Inc. hereinafter designated as the "Principal," a contract for:
The work necessary for the completion of this contract includes, but is not limited to,
mobilization, traffic control, water pollution control, potholing and field verifications of
existing utilities, trench construction, dewatering, furnishing and installing conduit with
poly -pull ropes including service lateral runs, utility pullboxes, handholes, vaults and all
associated items necessary for the conversion of existing overhead and electrical power,
telephone, and cable television services to underground locations as required and
intended by the plans, specifications, and further specified by Southern California Edison,
AT&T and Spectrum standards within UNDERGROUND UTILITY ASSESSMENT
DISTRICT NO. 124 (PHASE 1); Any costs resulting from work performed that was
directed by Southern California Edison, AT&T and Spectrum engineers, inspectors or
other personnel will not be compensated unless said work was approved by the Engineer
prior to work commencing; Contractor shall perform all trenching, backfill, pavement
restoration, resurfacing and replacement of existing improvements (public or private
including but not limited to driveways, fences, walls, signs, landscaping, mailboxes, and
other such items) associated with or resulting from the work identified herein, 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,
Liberty Mutual Insurance Company & Travelers Casualty and Surety Company of America 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
Eleven Million Nine Hundred Sixty Nine Thousand Nine Hundred Sixty Nine Dollars
($11,969,969.88) 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
International Line Builders, Inc. Page A-1
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 1st day of February , 2024 .
International Line Builders, Inc. �"'� hi1��1JT
z4-
Name of Contractor (Principal) horized Signature/Title
Liberty Mutual Insurance Company &
Travelers Casualty and Surety Company of America
Name of Surety
175 Berkeley Street, Boston, MA 02116 &
One Tower Square. Hartford, CT 06183
Address of Surety
(617) 357-9500 &
(860) 277-0111
Telephone
Auth rized Agent Signature
Heather R. Goedtel, Attorney -in -Fact
Print Name and Title
Intemational Line Builders, Inc. Page A-2
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 1st day of February , 2024 .
International Line Builders, Inc.
Name of Contractor (Principal)
Liberty Mutual Insurance Company &
Travelers Casualty and Surety Company of America
Name of Surety
175 Berkeley Street, Boston, MA 02116 &
One Tower Square, Hartford, CT 06183
Address of Surety
(617) 357-9500 &
(860) 277-0111
Telephone
horized Signature/Title
Heather R. Goedtel, Attorney -in -Fact
Print Name and Title
International Line Builders, Inc. Page A-2
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: / l %
By:
A on C. Harp
C t Attorney
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
International Line Builders, 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 QwrOt ) ss.
On February 1 20 24 before me, -fAw� %ei rS,Yvia✓ , IJ d
Notary Public, personally appeared ky)o\b RV-:''kal, �Qrrr4 yv— ,
who proved to me on the basis of satisfactory evidence to be the personWwhose nam Om
sub cribed to the within instrument and acknowledged to me there/tWy executed the same
in ii ''/her/their authorized capacity(jeo, and that b hi /lea/their signatures( on the instrument
the personN, 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.
:
1"-
,r�F TIFFANY REINSIMAR
�' = Notary Public - California
WITNESS my hand and official seal. z Riverside County >
_ Commission x 2358591
My Comm. Expires May 23, 2025
Signatu (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 CE00nata Minnesota
County of Hennepin I ss.
On February 1 20 24 before me, Blake S. Bohlig, Notary Public
Notary Public, personally appeared Heather R. Goedtel, Attorney -in -Fact
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Cdkxniathat the foregoing
paragraph is true and correct. Minnesota
BLAKE S. BOHLIG
WITNESS m hand and official seal. Notary Public
State of Minnesota
My Commission Expires
too. Januarv3l, 2026
Signature (seal)
International Line Builders, Inc. Page A-4
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
mutua
SURETY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8209635-190003
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Blake S.
Bohlig; Brian D. Carpenter; Craig Olmstead; Erik T. Gunkel; Haley Pflug; Heather R. Goedtel; Jessica Hecker, Kelly Nicole Enghauser; Laurie Pflug Michelle Halter
Michelle Ward; Nicole Langer
all of the city of Bloomington state of MN each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 20th day of March , 2023 .
N
a)
c
co
`m State of PENNSYLVANIA
a1 County of MONTGOMERY ss
Liberty Mutual Insurance Company
PV 1NSU,gq �ZV INS %NSURq The Ohio Casualty Insurance Company
&PO�rey0� QooPPORaTF�y� moo?°°"PO"v aye West American Insurance Company
g 1912 n o 1919ril 1991
rd.� SSACHUS�.da SO &9�`�
By:
navirl nn rarcv A—iOnnt Scnrafnnt
On this 20th day of March , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
PASP
91,
�- v�p
Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella, Notary Public
" St
OF
Montgomery County
My commission expires March 28, 2025 By.
'z
Commission number 1126044
,Cr
Member, Pennsylvania Association of Notaries
Pastella, Notary Public
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, reoognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1st day of February , 2024 .
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Travelers Casualty and Surety Company of America
eA► Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint HEATHER R GOEDTEL of
BLOOMINGTON , Minnesota , their true and lawful Attorneys) -in -Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
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State of Connecticut
By:
City of Hartford ss. Robert L. Rane enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
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IN WITNESS WHEREOF, I hereunto set my hand and official seal.
%
My Commission expires the 30th day of June, 2026 n* NOTARYRv
Anna P. Nowik, Notary Public
I.; ,
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 1st day of February , 2024
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Kevin E. Hughes, Assi tint Secretary
To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880.
Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached.
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 190053225/107952182
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 56,259.00 , being at the
rate of $ 4.70 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
International Line Builders, Inc. hereinafter designated as the "Principal," a contract for:
The work necessary for the completion of this contract includes, but is not limited to,
mobilization, traffic control, water pollution control, potholing and field verifications of
existing utilities, trench construction, dewatering, furnishing and installing conduit with
poly -pull ropes including service lateral runs, utility pullboxes, handholes, vaults and all
associated items necessary for the conversion of existing overhead and electrical power,
telephone, and cable television services to underground locations as required and
intended by the plans, specifications, and further specified by Southern California Edison,
AT&T and Spectrum standards within UNDERGROUND UTILITY ASSESSMENT
DISTRICT NO. 124 (PHASE 1); any costs resulting from work performed that was
directed by Southern California Edison, AT&T and Spectrum engineers, inspectors or
other personnel will not be compensated unless said work was approved by the Engineer
prior to work commencing; Contractor shall perform all trenching, backfill, pavement
restoration, resurfacing and replacement of existing improvements (public or private
including but not limited to driveways, fences, walls, signs, landscaping, mailboxes, and
other such items) associated with or resulting from the work identified herein, 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
Liberty Mutual Insurance Company & Travelers Casualty and Surety Company of America, 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 Eleven
Million Nine Hundred Sixty Nine Thousand Nine Hundred Sixty Nine Dollars
($11,969,969.88) 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
International Line Builders, Inc. Page B-1
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 1st day of February 2024 .
International Line Builders, Inc.
Name of Contractor (Principal)
Liberty Mutual Insurance Company &
Travelers Casualty and Surety Company of America
Name of Surety
175 Berkeley Street, Boston; MA 02116 &
One Tower Square, Hartford, CT 06183
Address of Surety
(617) 357-9500 &
(860)277-0111
Telephone
_14,
,Autfiorizgd Signature/Title
CkLld - 4J 42)
Authorized Agent Signature
Heather R. Goedtel, Attorney -in -Fact
Print Name and Title
International Line Builders, Inc. Page B-2
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
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 fallowing the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 1st day of February 2024 .
International Line Builders, Inc.
Name of Contractor (Principal)
Liberty Mutual Insurance Company &
Travelers Casualty and Surety Company of America
Name of Surety
175 Berkeley Street, Boston, MA 02116 &
One Tower Square, Hartford, CT 06183
Address of Surety
(617) 357-9500 &
(860)277-0111
Telephone
orizk Signature/Title
4Autized Agent Signature
Heather R. Goedtel, Attorney -in -Fact
Print Name and Title
International Line Builders, Inc. Page B-2
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1, / 1 &I /ZK
By:;
Aq4n C. Harp
Ci Attomey
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
International Line Builders, 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 Q -evi SS.
On February 1 2024 before me, —1-1 �Ar--jr V"f-4 1 Wo 4 0 (a o �m vu'h t• L
Notary Public, personally appeared 0. rj Y ►-� ci f U t (� w rl1 � OCR-. ►-- ,
who proved to me on the basis of satisfactory evidence to be the persons) 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. -
*my
TIFFANY REINSIMAR
Notary Public • California
WITNESS my hand and Official seal. Riverside county
Commission # 2358591
/ Comm. Expires May 23, 2025
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 Cehfbrxtia Minnesota
County Of Hennepin } ss.
On February 1 20 24 before me, Blake S. Bohliq. Notary Public
Notary Public, personally appeared Heather R. Goedtel, Attorney -in -Fact
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Qa 4fomja(that the foregoing
paragraph is true and correct. Minnesota
WITNESS my hand and official seal
BLAKE S. BOHLIG
Notary Public
- State of Minnesota
dy My Commission Expires
Januarv31,2026
(seal)
International Line Builders, Inc. Page B-4
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Mb" Liberty Mutual Insurance Company
muluale The Ohio Casualty Insurance Company Certificate No: 8209635-190003
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Blake S.
Bohlig; Brian D. Carpenter; Craig Olmstead; Erik T. Gunkel; Haley Pflug; Heather R. Goedtel; Jessica Hecker; Kelly Nicole Enghauser; Laurie Pflug; Michelle Halter
Michelle Ward; Nicole Langer
all of the city of Bloomington state of MN each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 20th day of March 2023
Liberty Mutual Insurance Company
iNS(/R �ZY INs� %NSuq
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to David M. Carey, Assistant Secretary s
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On this 20th day of March , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance I.CQU
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. m
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Q
Sp, r'aSJ
`4 r�ti l�< Commonwealth of Pennsylvania - Notary Seal
>4Pfi p Teresa Pastella, Notary Public
Montgomery County
S3: My commission expires March 28, 2025
t By
Commission number 1126044
Member, Pennsylvania Association of Notaries eresa Paste
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
a President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
Cc > aci any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall
o ;= have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
Z 0 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1st day of February , 2024 .
%NS(/ tY INS& * %l
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Travelers Casualty and Surety Company of America
AtW- Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint HEATHER R GOEDTEL of
BLOOMINGTON , Minnesota , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
roc ElyC J��,tY ANC.
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State of Connecticut
City of Hartford ss.
By. ;�k -
Robert L. Rane enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal. ""'a
My Commission expires the 30th day of June, 2026 i4ov
nuaz�c x
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this list day of February , 2024
��wxf yC �Jp�ir awns
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Kevin E. Hughes, Assi tant Secretary
To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880.
Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power ofAttorney is attached.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside
On February 1, 2024
before me, Tiffany Reinsimar, Notary Public
(insert name and title of the officer)
personally appeared Arnold Arias, Vice President
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
TIFF INSIMAR
WITNESS my hand and official seal. NotaryPublic-California
Riverside County
Commission # 2358591
Comm, Expires May 23, 2025
Signature (Seal)
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
International Line Builders, Inc. Page C-1
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees,
volunteers, and any person or entity owning or otherwise in legal control of
the property upon which 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.
International Line Builders, Inc. Page C-2
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. 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.
International Line Builders, Inc. Page C-3
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.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self -insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
obligations to City. If Contractor's existing coverage includes a self -insured
retention, the self -insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination
of the self -insured retention, substitution of other coverage, or other
solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole
option, be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
I. Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
International Line Builders, Inc. Page C-4
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
International Line Builders, Inc. Page C-5
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