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HomeMy WebLinkAboutC-9499-1 - Marina Park Interior Flooring Replacement�- CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 Before 2:00 p.m. on the 19th day of March, 2024, at which time such bids shall be opened and read for MARINA PARK INTERIOR FLOORING REPLACEMENT Contract No. 9499-1 $48, 500 Engineer's Estimate e�1 So �PR� Approved by James M. Houlihan uty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 VOLUNTARY PRE -BID SITE WALK: A voluntary job walk will be conducted for this project on March 12th, 2024 at 2:00 p.m. at the site located at 1600 W Balboa Blvd, Newport Beach, CA 92663. Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification required for this project: "B" or "C-95" For further information, call Peter Tauscher, P.E., Project Manager at (949) 644-3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www. newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor- reQistration City of Newport Beach MARINA PARK INTERIOR FLOORING REPLACEMENT Contract No. 9499-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 7 NON -COLLUSION AFFIDAVIT..................................................................... 11 DESIGNATION OF SURETIES...................................................................... 12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 13 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 15 INFORMATION REQUIRED OF BIDDER..................................................................... 16 NOTICE TO SUCCESSFUL BIDDER........................................................................... 19 CONTRACT.................................................................................................................. 20 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIALPROVISIONS............................................................................................ SP-1 2 City of Newport Beach MARINA PARK INTERIOR FLOORING REPLACEMENT Contract No. 9499-1 INSTRUCTIONS TO BIDDERS 1. 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. 2. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3. 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. 4. 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. 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. 3 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. 4 The signature below represents that the above has been reviewed. ��* #1045058 - B Contractor's License No. & Classification 1000876840 Exp:6/30/2024 Authorized Signature/Title 03/18/2024 DIR Registration Number & Expiration Date Date Global Builders Inc Bidder 5 City of Newport Beach MARINA PARK INTERIOR FLOORING REPLACEMENT Contract No. 9499-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be 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. Global Builders Inc Bidder C. CEO Authorized Signature/Title City of Newport Beach MARINA PARK INTERIOR FLOORING REPLACEMENT Contract No. 9499-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Global Builders Inc FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $30,000, provide the following information: No. 1 Project Name/Number City of Downey - Fire Station No.4 Repair Restoration of Fire Station No.4 for damaged interior and exterior improvements - demolition, Project Description framing, drywall, insulation, flooring, tile, plumbing, paint, roofing, siding, etc. Approximate Construction Dates: From 12/5/2022 Agency Name City of Downey Contact Person Desi Gutierrez To: 5/11 /2023 Telephone (562) 904-71 10 Original Contract Amount $ 111,151.56 Final Contract Amount $ 311,351.56 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 7 No. 2 Project Name/Number City of Laguna Beach Police Department Renovations Renovations and ADA improvements to one (1) restroom with an adjacent kitchenette and two (2) locker room restrooms, including new plumbing fixtures, showers, flooring, countertops, toilet partitions, cabinets, and lighting limited to new plumbing fixtures, Project Description showers, flooring, countertops with backsplash, toilet partitions, lighting fixtures, wall finishes, mirrors, new water and sewer lines, asbestos and lead Approximate Construction Dates: From 10/17/2022 Agency Name City of Laguna Beach Contact Person Thomas Perez To: 12/31 /2022 Telephone (949) 315-1091 Original Contract Amount $ 227,028 Final Contract Amount $ 227,028 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 3 Project Name/Number Pico Rivera Senior Center Tenant Improvement Interior tenant improvement for accessible upgrades in existing senior center restrooms. Project Description Lighting upgrades. automatic door actuator, plumbing modifications, toilet fixtures, partitions & accessories, wall finished and flooring. Approximate Construction Dates: From 11/27/2023 Agency Name City of Pico Rivera To: 2/1 /2024 Contact Person Matthew Villegas Telephone (909)706-7365 Original Contract Amount $ 442,888 Final Contract Amount $ 442,888 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO I No. 4 Project Name/Number City of Placentia Santa Fe Ave Outdoor Dining Platform Project PW-22-06 Project Description The scope of work entails the construction of five (5) wood dining platforms as shown in the attached construction drawings. Approximate Construction Dates: From 3/15/2023 Agency Name City of Placentia Contact Person Alex Bangean (no longer working there) To: 5/11 /2023 ragarcia@placentia.org (replacement) Telephone (714)993-8250 Original Contract Amount $ 79,065.60 Final Contract Amount $ 79,065.60 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 Project Name/Number City of Cypress CCCPLX 4th Floor Renovation Project Description The Project consists of the interior renovation of portions of the 4th Floor of the Cypress College Complex Building for North Orange County Community College District, in compliance with the Contract Documents and Code requirements. Approximate Construction Dates: From 2/15/2023 To: 5/3/2023 Agency Name City of Cypress Contact Person Allison Coburn Telephone (562)453-8998 Original Contract Amount $ 98,876.80Final Contract Amount $ 98,876.80 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO A No. 6 Project Name/Number City of Long Beach Fire Department Drill Tower Repaired the Fire Drill Tower at Regional Training Center facility 2"' Argonne Ave, Long Beach CA. Project Description The contract shall I.rn sh all labor. material and equioment to improve the facility's regional training center drill tower. Approximate Construction Dates: From 9/26/2022 Agency Name City of Long Beach To: 10/14/2022 Contact Person Andrew Demetropolis Telephone (562 570-4976 Original Contract Amount $ 62,900 Final Contract Amount $ 62,900 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 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. C Global Builders Inc cEo Bidder 10 Authorized Signature/Title Walid A Timory (Superintendent) 13 Year experience 8311 Barnwood Lane, Riverside, CA92508, globalbuilders20l8@gmail.com, 949 923 0657 PROFESSIONAL EXPERIENCE Working as CEO with Global Builders Inc (July 19 -2018 till Present) In California, USA CEO -President July 19 2018 — to 2021 ■ Leadership and People Management - attract, motivate, coach and develop team members ■ Project Management - manage successful projects, risks, costs and project teams ■ Financial Management - budget, forecast, review financial statements and manage business metrics ■ Communication - communicate, project voice, speak with senior management and present ■ Business Management - understand strategy, decision -making, work flow and vital business function Working as General Manager with Ahdaas Construction company (January 2016 Till July 2018) In California, USA General Manage ■ Leadership and People Management - attract, motivate, coach and develop team members ■ Project Management - manage successful projects, risks, costs and project teams ■ Financial Management - budget, forecast, review financial statements and manage business metrics ■ Communication - communicate, project voice, speak with senior management and present ■ Business Management - understand strategy, decision -making, work flow and vital business function Working as QC Manager with Civil Star Construction company (August 2014 till January 2016) General Manager Civil Star Construction Company Herat, Afghanistan, May 2012 - August 2014 QCM (Quality Control Manager) , February 2012 - May 2012 Advanced Constructors International, LLC (ACI), Camp Zafar, Herat,Afghanistan QC Engineering Technician January 2011 - February 2012 Global Trust Construction Company, Kabul, Afghanistan Project Manager February 2010 - December 2010 ARAO , Herat, Afghanistan EDUCATION & CERTIFICATIONS • CQMC Certification (Construction Quality Management for contractors) Herat, Afghanistan • Bachelor of Science in Civil Engineering Faculty Herat, Afghanistan • Microsoft Office Certificate (Word, Excel, PowerPoint, )AutoCAD , Etabs ,QCS Herat, Afghanistan • General contractor certificate from California state license board City of Newport Beach MARINA PARK INTERIOR FLOORING REPLACEMENT Contract No. 9499-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of�) �JGuu d A • TI taf being first duly sworn, depo es and says that he or she is cl•Eo of 64to u gu ikuiP S Ih c , 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 alifornia that the foregoing is true and correct. Global Builders Inc C E 0 Bidder Auth lzed Signature(Title Subscribed and sworn to (or affirmed) before me on this 2-7 day of , 2024 by AMk"N iV C-OLe- LCt`Mk , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. GRETCHENNICOLELERMA Not ublic COMM. N2443077 [SEAL] : �TORANG cccou► g zos7 Cmen...... April 1, My Commission Expires: 11 City of Newport Beach MARINA PARK INTERIOR FLOORING REPLACEMENT Contract No. 9499-1 DESIGNATION OF SURETIES Bidder's name Global Builders Inc Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Assured Partners 2913 Pullman St, Santa Ana, CA 92705 (949) 261-5335 12 City of Newport Beach MARINA PARK INTERIOR FLOORING REPLACEMENT Contract No. 9499-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Global Builders Inc Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2023 2022 2021 2020 2019 Total 2024 No. of contracts 8 11 8 5 4 38 Total dollar Amount of Contracts (in $442,888 000 000 $1,, $1,035,504 $1,183,264 $448,726 $76,888 $4,227,270.18 Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost 0 0 0 0 0 0 0 workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Global Builders Inc 23276 S Pointe Dr Unit 206, Laguna Hills, CA 92653 323-321-7373 #1045058 - B Title CEO The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 14 01QLOSAL BUILDERS INC 23Lag8una Hi , GinteSA 992a86 8 A, CKNOU"VLE®GMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE On 6 2/ 27 �Z-6 Z before me, 61yf, nQ1 N + CZ C (,pFNP� (insert name and title of the officer) personally appeared 'd i 01- enZ who proved to me on the basis of satisfactory evid nce to be the personal whose name(g) islake subscribed to the within instrument and acknowledged to me that he/slimy executed the same in his/her/their authorized capacity(0,S), and that by his/her heir signatureis) 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. ti%%V.%%%%%%%W ' .-. GRETCHEN NICOLE LERMM WITNESS my hand and official seal. COMA4.#2443077 i_ NOTARYPUBUC oC1WFORNA p 0 GE coU .r Comm. Ew. April 1, 2027 Signatur (Seal) City of Newport Beach MARINA PARK INTERIOR FLOORING REPLACEMENT Contract No. 9499-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Global Builders Inc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 15 City of Newport Beach MARINA PARK INTERIOR FLOORING REPLACEMENT Contract No. 9499-1 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: Global Builders Inc Business Address: 23276 S Pointe Dr Unit 206, Laguna Hills, CA 92653 Telephone and Fax Number: 323-321-7373 N/A California State Contractor's License No. and Class:#1045058 - B (REQUIRED AT TIME OF AWARD) Original Date Issued: 10/01/2018 Expiration Date:10/31/2024 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Walid Timory - CEO The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Walid Timory CEO 23276 S Pointe Dr Unit 206, Laguna Hills, CA 92653 949-923-0657 Corporation organized under the laws of the State of California MT The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor co liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes CD 17 Are any claims or actions unresolved or outstanding? Yes CD If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Global Builders Inc Bidder Walid Timory - CEO (Print name of Owner or President of Corpor bon/Company) Authorizd6Signatureffitle CEO Title 2/28/2024 Date On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: in (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 ORANGE ) On 0 before me, 6"Ye)fPjnt& NI, C-Qk4— � (insert name and title of the officer) personally appeared /l o� A T cy-w ( -- who proved to me on the basis of satisfactory evidenc to be the personC* whose name{k is/are subscribed to the within instrument and acknowledged to me that he/sey executed the same in his/haklgreir authorized capacity(, and that by his/her it signature(i) on the instrument the person(s�, or the entity upon behalf of which the persono) 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. GRETCHEN M OLE LER COWL WITNESS my hand and official seal. NOT PUBUC GW ORMA o ORANGE COUNTY Ef�kes Apn11, 2027 Signature(Seal) Init. Bond No.: NIA 'AIA Document A310TM -2010 CONTRACTOR: (Nance, legal status and address) Global Builders inc. 23276 S. Pointe Dr Unit 206 Laguna Hills, CA 92653 OWNER: (Ncune, legal status and address) City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 BOND AMOUNT: SURETY: (Name, legal status and principal place of business) Developers Surety and Indemnity Company 17771 Cowan, Suite 100 Irvine, CA 92614 PROJECT: (Nance, location or address, and Project nionber, if any) Marina Park Interior Flooring Replacement Contract No. 9499-1 This document has important leg; consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. 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 or 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, otherwise 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 time 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 shal I be construed as a statutory bond and not as a common law bond. Signed and sealed this 26th day of February 2024 Global Builders Inc. . (Principal) (Seal) (Witness) (Title Developers Surety and Indemnity Company (Surety) (Seal) (Witness) (Title) evin . 1 e, , AttoJn-in,Fact - CAUTION: You should sign an original AIA Contract Document, on which this text appears i EE An o ginal assures that changes will not be obscured. _ AIA Document A310TM — 2010. Copyright@ 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal ponalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this documentwhen completed. To report copyright violations of AIA Contract Documents, a -mail The American Institute of Architects' legal counsel. copyright@aia.org. 061110 CLEAR CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California county of Orange on 2/26/2024 Date Personally appeared before me, Jessica Tinoco Garcia, Notary Public Here Insert Nome and Title of the Officer Kevin P. Reed Name(s) of Signer(s) who proved to me on the basis of satisfactory eviden o be the person(�hose nam s/ re subscribed to the within in rument and acknowledged to me th t he/ he/they execute the sa a inVher/their authorized capacity ies,1andtha b hi /her/theirsignature(�SjonntTr�instrumenttheperson'(sj or the entity upon behalf of p Y( 41 1� which the persons acted, executed the instrument. JESSICA TINOCO GARCIA Notary Public. Califaimia s . - Orange County > Commission ; 2400291 My Comm. Expires Apr 10, 2026 Place Notary Seal Above I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public - OPTIONAL ------------------------------------------ ----------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Number of Pages Document Date Signer(s) otherThan Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ® Corporate Officer —Titles) ® Partner 0 Limited [] General ® Individual [] Attorney in Fact ® Trustee [] Guardian or Conservator ® Other Signer Is Representing Signer's Name [] Corporate Officer—Title(s) ®Partner []Limited []General ® Individual © Attorney in Fact []Trustee ® Guardian or Conservator 11 Other Signer Is Representing ..._6:._..___...5._��'"S :.-_, _:..- . '.':::. .;....:.-a.'_ .. <... .:.:_� �.� G../,. ._ ._ l_.�-.5.. i�:F<S:•.a'�::a.;'�". i;ca.Sl.':�.�+••�.�..�•tfa�d=!'G'C' ©2014National NotaryAssociation • www.NationalNotary.org •1-800-USNOTARY(1-800-876-6827) Item#5907 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURFAA AND 1NDIENINITY COMPANY 59 hlaiden Lune, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALL BY THESE PiUi3FNTS that. except as expressly limited herein. COREPOINTT INSURANCE COMPANY and DB.VI:LOPF.RS StIRET'Y AND INDEMNITY COMPANY. do hereby make, constitute and appoint. Jessica T. Garcia, Kevin P. Reed, and Aaron Fosburg , of Santa Ana, CA as its true and lawful Attorney -in -Fact, to make, execute. deliver and acknowledge. for and on behal f of said companies, as sureties, bonds, undertakings and conuacLs of suretyship giving and granting unto said Attomey-m-Pact full power and authority to do and to perlimn every act necessary, requisite or proper to be done in - connection therewith as each of said company could do, but reserving io each ol'said company full power of substitution and revocation, and all of the acts of saiJ Attomey-in-Fact, pursuant to these presenls, are hereby ratified and confirmed. This Power of Attorney is eticetive July 7, 2023 and shall expire on December 31. 2025. This Powerol'Alrorney is granted and is signed under and by authority of the following rc,olutions adopted by the Board of Directors ofCOREPOINTG 1NSLJRANCF COMPANY and DEVELOPERS SIJRL•'lY AND INDLMNITY COMPANY (collectively, -Compan)')on February 10.2023. RUSOLVIsD, that Sam 7,aza, President- Surety Undenvrititg, .fames Bell. Vice President, Surety Underwriting. and Craig Dawson, Executive Underwriter. Surety, each an employee of AmTrust North Amerim inc.. an all'iImic of the C'onil+any (the "Authorized Signors'l. are hereby authorized to execute a Power of Atiomcy, qualifying ationicy(s)-in-fact named in the Power of .Attorney to execute, on behalf' of the Company, bonds, Undertakings and contracts of suretyship, or other suretyslup obliganorrs: and that the Secretary or any Assistant Secretary of the Company be, and each of them hereby is, audiorized to attest the execution ofany such Power of Attorney RESOLVED, that the signature ofany one of the Authorized Signors and the Secretary orally Assistant Secretary of the Company, and die seal ofthc Company must be affixed to any such Power of Attorney, and any such sipnauve or seal may be affixed by facsimile. and such Power of Attorney shall be valid and binding upon die Company when so affixed and in the future with respect to any bond. undertaking or contract of'suretyship to which it is attached. IN WITNESS WHEREOF, COREPOiNTF INSURANCE COMPANY and DEVU-011FRS SURtc [Y AND INDFMNriY COMPANY have caused these presents to be signed fry die Authorized Signor acid attested by their Secretary or Assistant Secretary this March 27, 2023 ••j444N44td���II a444444104000"10 aa.• �N$Ul�,gN •.,� aa• A,. AND By:---- -- .� �'•o�pO1Zy�.Cc� Printed Nar e Sa%Lva� — ----- -- ' •V C� ` �a FO'•�y Nq—�� T title•: President. Stircty tJndcr%%T]Lltli,. _ _. _ = a- S Y ` AL:, b : S LLt 1 93 6 n Z ACKNOWLEDGEMENT: '• as ��•`'••''•'•�C� .•� i,�,frr+exec Ut°�0°a••aa �j�,,.�Nt!*N4' ,•aa A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF California COUNTY OF Orange On this 27 day of March , 2023 . before me. }bane- uvcn Phu Phain _ personally appeared Sam 7.va who proved to neon die basis of satisfactory evidence to be the person whose name is subscribed to widlin the instrument and acknowledged to me that they executed the same in their authorized capacity and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument. 1 cel-Lify. under penalty of perjury, under the Taws of the State of Caltlomut that the foregoing paragraph is true and correct. WITNESS myhandandofficial seal. �<,�,,� HOAN&QUYEN P. ?HAM �1 1 Notary Public - California Oranjeunty Sienature e i Commission # 243 C J _ , r• CorrrrrUission # 2432970 My Comm. Expires Dec 31, 2026 CORPORATE' CERTIFICATION The undersigned. the Seaciary or Assistant. Secretary of C'OR UX)INTE INSURANCE COMPANY and DEVELOPER', SlHtl'IY ANI) INDEMNITY COMPANY, does hereby certify that the provisions-ol the resolubens of the respective Boards ol'Directors of said corporations set forth in this Power of Attorney are in force as of the slate ofthis Certitic,uiov. Tl1 s Certification is executed ui the Citv of Clevolmid, Olio_ this Mureh I9. 2023. Doeu5lgnod by: By: S _._ ,Barry W Moses. Assistant Secretary 11116415 7ADE548C... - DocuSignEnvelopeID:33526FC6-5F9D-4796-837E-CIE455E653OF Signed and sealed this 26th day of February 2024 POA No. N/A Ed. 0323 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE On U 2-/ 2 -7/2-o2--q before me, Glyt+aq^ mc-clp- 1--Piw.'— /,,% /� (insert name and title of the officer) personally appeared � /"' > �� who proved to me on the basis of satisfactory evide ce to be the person(.} whose names) is/ate subscribed to the within instrument and acknowledged to me that he/may executed the same in his/h it authorized capacity(ies), and that by his/ signature(*on the instrument the person(,G), or the entity upon behalf of which the persons) 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. Sign (Seal) GRETCHEN NICOLE LERh1A CONxL1, #2443077 y NOTARYFUBLIC *CAUFORNIA o ORANGE COUNTY tm. Expves April 1, 2027 vurwM,.titi•.. _ . _ City of Newport Beach Marina Park Interior Flooring Replacement (9499-1), bidding on 03/ 1912024 2:00 PM (PDT) Page I of 4 Printed 04/23/2024 Bid Results Bidder Details Vendor Name Global Builders Inc Address 23276 S Pointe Drive, Unit #206 Laguna Hills, California 92653 United States Respondee Walid Timory Respondee Title CEO Phone 323-321-7373 Email globalbuilders20l8@gmail.com Vendor Type License # 1045058 CADIR Bid Format Electronic Submitted 03/18/202410:43 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 369117 Respondee Comment Buyer Comment Attachments File Title File Name BID PROPOSAL GLOBAL BUILDERS - C-9499-1 MASTER BID PROPOSAL GLOBAL BUILDERS - C-9499-1 MASTER FORMAL CONTRACTpdf FORMAL CONTRACTpdf File Type General Attachment PlanelBids City of Newport Beach Marina Park Interior Flooring Replacement (9499-1), bidding on 03/ 191*2024 2:00 PM (PDT) Page 2 of 4 Printed 04/23/2024 Subcontractors No Subcontractors PlanetBids City of Newport Beach Page 3 of 4 Marina Park Interior Flooring Replacement (9499-1). bidding on 03/ 19/2024 2:00 PM (PDT) Printed 04/23/20P4 Line Items Discount Terms No Discount Item A Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment Section 1 598,888.00 1 Mobilization LS 1 $4,894.40 54,894.40 Yes 2 Interior Floor Replacement LS 1 $92,993.60 $92,993.60 Yes 3 As -Built Plans LS 1 $1,000.00 $1,000.00 Yes Planel8ids City of Newport Beach Marina Park Interior Flooring Replacement (9499-1). bidding on 03/19t2024 2:00 PM (POT) Page 4 of 4 Printed 04/23/2024 Line Item Subtotals Section Title Section 1 Grand Total Line Total $98,888.00 $98,888.00 PlanetBids MARINA PARK INTERIOR FLOORING REPLACEMENT CONTRACT NO. 9499-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 10th day of April, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GLOBAL BUILDERS INC, a California corporation ("Contractor"), whose address is 23276 South Pointe Drive, Unit 206, Laguna Hills, CA 92653, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of removing the existing flooring and subflooring, installing a new flooring and subflooring system and completing other incidental items in place as required by the bidding documents (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. 9499-1, 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 Ninety Eight Thousand Eight Hundred Eighty Eight Dollars ($98,888.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Walid A Timory to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be Global Builders Inc Page 2 required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Walid A Timory Global Builders Inc 23276 South Pointe Drive, Unit 206 Laguna Hills, CA 92653 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 Global Builders Inc Page 3 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 VI (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. Global Builders Inc Page 4 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 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. 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 shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. Global Builders Inc Page 5 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence orwillful 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. Global Builders Inc Page 6 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et 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. Global Builders Inc Page 7 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 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 Attorneys Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. Global Builders Inc Page 8 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Global Builders Inc Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: // 12`l By: ar n C. Z '�1s y Attor y ATTEST: Date: " i Brown City Clerk •�:':. CiFO Attachments CITY OF NEWPORT BEACH, a California un'cipal corporation Date: By: Gr . Ieung C' anager CONTRACTOR: GLOBAL BUILDERS INC, a California corporation Date: Signed in Counterpart Bv: Walid A Timory Chief Executive Officer, Chief Financial Officer A[END OF SIGNATURES] Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Secretary, Global 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 ATTOR EY'S OFFICE Date: y // 124 By: ar* n C. rp cn7s C' y Atto r e V/V� y ATTEST: Date: Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager CONTRACTOR: GLOBAL BUILDERS INC, a California corporation Date: By: Walid A Timory Chief Executive Officer, Secretary, Chief Financial Officer [END OF SIGNATURES] Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Global Builders Inc Page 10 Executed in Duplicate EXHIBIT A CITY OF NEWPORT BEACH BOND NO. olo1937 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Global Builders Inc hereinafter designated as the "Principal," a contract for removing the existing flooring and subflooring, installing a new flooring and subflooring system and completing other incidental items 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, Developers Surety and Indemnity Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Ninety Eight Thousand Eight Hundred Eighty Eight Dollars ($98,888.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Global Builders Inc Page A-1 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 16th day of April , 2024 Global Builders Inc. Name of Contractor (Principal) Authorised Signature/Title -walid Ahmad Timory-President Developers Surety and Indemnity Company Name of Surety 800 Superior Avenue F, 21s1 Floor Cleveland, OH 44114 Address of Surety (866)-363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY' OFFICE Date: 2Z By: Aar n C. ar CityAttrney 7 Authorized' g n �ign'at re Kevin P. Reed, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Global Builders Inc Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } ss. On April 16 , 20 24 before me, Jessica Tinoco Garcia Notary Public, personally appeared walid Ahinad Timory who proved to me on the basis of satisfactory evidence to be the person(."hose namt'same i�/are subscribed to the within instrument and acknowledgee�_to me tha he she/they executed in �iis/ er/their authorized capacity(i� ,and that b his er/their signatureson the instrument the erson(op,of the entity upon behalf of which the person(�a d, 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. 5E, oF, JESSICATINOCOGARCIA WITNESS my hand and official seal. Notary Public - California 0 _ - Orange County > Commission 4 2400291 My Comm. Expires Apr 10, 2026 Si�rfaf re (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 orange } SS. On April 16 , 2024 before me, Jessica Tinoco Garcia Notary Public, personally appeared Kevin P. Reed proved to me on the basis of satisfactory evidence to be the person,N)-whose nam�Ciis//are subscribed to the within instrument and acknowledged to me that he/she/they. executed'fhe'�ame in ii§/her/their authorized capacity(*; and that by 6ther/their signatures(�_on the instrument the person(s);-ofthe entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. a':::°.� JESSICA TINOCO GARCIA W= Notary Public - California z ; _,- Orange County c Commission 4 2400291 Signature °�°" My Comm. Expires Apr 10, Global Builders Inc Page A-3 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that, except as expressly limited herein, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint: Jessica T. Garcia, Kevin P. Reed, and Aaron Fosburg , of Santa Ana, CA as its true and lawful Attorney -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said companies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey-in-Fact full power and authority to do and to pertonn every act necessary, requisite or proper to lu done in connection therewith as each of said company could do, but reserving in each of said company full power of substitution and revocation, and all ofthe acts of said Attomey-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attomey is effective July 7, 2023__..__ and stall expire on December 31, 2025. This Power of Attorney is granted and is signed under and by authority ofthe fallowing resolutions adopted by the Board of Directors ofCOREPOINTF. INSURANCE COMPANY and DEVELOPERS SURETY AND iNDLNINI TY COMPANY (collectively, "Company") on February 10, 2023. RESOLVED, that Sam l..a a. President, Surety Untlerwritine, ,lames Be11. Vice President Surety Underwriting. and Craig Dawson, Executive Underwriter Sure ,each an employee of AmTTUSt Nonh America.. Inc., an affiliate ofthe Company (the "Authorized Signors"), are hereby authorized to execute a Power of Attorney, qualifying attomey(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary ofthe Company be, and each of them hereby is, authorized to attest the execution of any such Power of Attomey. RESOLVED, that the signature ofany one ofthe Authorized Signors and the Secretary or any Assistant Secretary ofthe Company, and the seal ofthe Company must be affixed to any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, COREPOiNTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this March 2.7, 2023 By: xxASUR4 AND %C /I�l r�r Printed Nat Sam Zaza �' GO T�•+O �.` aC'OTo Title: PresidenL Surety Undenvrilina ACKNOWLEDGEMENT: r 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. STATEOF California COUNTY OF Orange ate: :a= • 1936 o• r'Ja0: >. �gttn��'`P' ro r / i ry �Q •.... r� i`� s"s"l*r+!'j Na!`it On this 27 day of March-,2023 , before me. Hoare-C ugen Phu Pham personally appeared Sam7_aza who proved to moon die basis ot'satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged tome that they executed the same in their authorized capacity, and that by the signature on the instrument the enti ties upon behalf which the person acted, executed this instrument. I certify, under penalty of perjury, under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my ]land and official seal_ f 140AMGQUYEN P. FMM I Notary Pubik - California Signature A— � �110 Orange County 9 �`Commission # 2432974 y totnrn. Expires Dec 31, 2026 CORPORATE CERTJFICATION The undersigned, the Secretary or Assistant Secretary of COREPOINTF? INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify tlhat the provisions of the resolutions ofthe respective Boards of Directors of said corporations set forth in this Power of Attomey are in force as ofthe date of this Certification. This Certification is executed in the City of Cleveland, Ohio, this March 19. 2023, Doeu5igned by: By: Sf-S Barry W. Moses, Assistant Secretary_ POA No. N/A 6864117ADE54aC... DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C1E455E6530F Ed.0323 Signed and sealed this 16th day of April 2024 Executed in Duplicate r CITY OF NEWPORT BEACH BOND NO. 0101937 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,472.00 , being at the rate of $ $25.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Global Builders Inc hereinafter designated as the "Principal," a contract for removing the existing flooring and subflooring, installing a new flooring and subflooring system and completing other incidental items 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 Developers Surety and Indemnity Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Ninety Eight Thousand Eight Hundred Eighty Eight Dollars ($98,888.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by 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. Global Builders Inc Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by 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 16th day of April 120 24 Global Builders Inc. Name of Contractor (Principal) Authorized Signature/Title -walid Ahmad Timory-President Developers Surety and Indemnity Company Name of Surety A thorized Ag6rd S' natu r 800 Superior Avenue E, 21st Floor Cleveland, OH 44114 Kevin P. Reed, Attorney -in -Fact Address of Surety Print Name and Title (866)-363-2642 Telephone APPROVED AS TO FORM: CITY ATTOW4E- ' OFFICE Date: / By: Vtt C.Horney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Global Builders Inc Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } ss. On April 16 20 24 before me, Jessica Tinoco Garcia Notary Public, personally appeared walia Ahmad Timor , who proved to me on the basis of satisfactory evidence to be the person whose nameMhe)laonme re subscribed to the within instrument and cknowledged t me tha he she/t e. ,�ecuted in I��i her/their authorized capacity(i , and that by 'is/her/th r s gnatures( . on the instrument the person(or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �;: JESSINotary PTIINOCO GuRCI blic - California Orange County > Commission ; 2400291 My Comm. Expires Apr 10, 2026 re 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. (seal) State of California County of Orange }Ss. On April 16 , 20 24 before me, Jessica Tinoco Garcia Notary Public, personally appeared Kevin E. Reed, proved to me on the basis of satisfactory evidence to be the p rson ) whose nameQs) it are subs ribed to the -within instrument and acknowledged to me tha he/ he/they ex uted the same ink her/their uthorized capacity(ie, and that by(e is/ er/their natures( on the instrument th erson or the entity upon behalf of which the rson 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 officials I. JESSICA TINOCO GARCIA Notary Public • California z Orange County > Commissions 2400291 Si natur "'MY Comm, ExpireApr 10, 2020 al) Global Builders Inc Page B-3 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SL REFY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that, except as expressly limited herein, COPETOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY. do hereby make, constitute and appoint: Jessica T. Garcia, Kevin P. Reed, and Aaron Fosburg of Santa Ana, CA as its true and lawful Attomey-in-Pact, to make, execute, deliver and acknowledge, for and on behaifof said companies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey-in-Fact full power and authority to do and to pertbrin every act necessary, requisite or proper to liedone in connection therewith as each of said company could do, but reserving io each of said company full power of substitution and revocation, and all of the acts of said Attomey-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is effective July 7, 2023 and shall expire on December 31, 2025. — This Power of Attorney is granted and is signed under and by authority ofthe follo viiiL resolutions adopted by the Board of Directors of COREPOiNTF: INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company") on February 10, 2023. RESOLVED, that Sam Zazu President Surety Underwritine, .lames Bell. Vice President Surety Underwriting, and Craig Dawson, Executive Underwriter. &Lety,each an employee of AmTrust North America. Inc.. an affiliate of the Company (the "Authorized Signors'), are hereby authorized to execute a Power of Attorney, qualifj+ing attorncy(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary of the Company be, and each ofthem hereby is, authorized to attest the execution of any such Power ofAttorney. RESOLVED, that the silmatru•e of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company; and the sea] of the Company must be affixed to any such Power of Attorney; and any such signature or seal may be affixed by facsimile, and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract o1'suretyship to which it is attached. iN WITNESS WHEREOF, COREPOiNTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be sighed by the Autlhori7ed Signor and attested by their Secretary or Assistant Secretary this Marcb 27, 2023 _ `,11111111/li+I ,,1a10f1a91/o11 S u By:�DN; 1 �i ����� `( AND • O� /L'qj• J.•aG0 h'9T�c• 'lv L Printed Sam Zat_ ��G vn p m O "title: Presider[. Surety lhhdenvriting. _-_ e � .�_ ACKNOWLEDGEMENT: Nk- '' . ''.®aaalranl* a11',,,'�,�� �+111* 110�a�`,, A notary public or other officer coinpleting 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. STATEOF California COUNTY OF Orange On this 27 day of March , 2023 , before me. Hoane--Ouven Phu Phalli personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument. 1 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_ HWr,-QUYEN P.F" Notary public - California ordne Signature CommisOm # 242970 4bmy Comm. Expires Dec 31, 2026 CORPORATE CERTIFICATION The undersigned. the Secretary or Assistant Secretary of COREPOINTE INSURANCE. COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Poweroi'Attomey are in force as of the date of this Certification. This Certification is executed in the City of Cleveland, Ohio, this March 19, 2023. DoeuSigoed by: By: Barry W. Moses, Assistant Secretary POA No. N/A 6! B, t1536ADE548C.- DocuSignEhvelopelD:3352BFD6-5E9D-4796-837E-C 1 E455E6530F Ed. 0323 Signed and sealed this 16th day of April 2024 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. 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 City Council, boards and commissions, officers, agents, volunteers and employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/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 two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general 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). Global Builders Inc Page C-1 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. �. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted. 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 City Council, boards and commissions, officers, agents, volunteers and employees, 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/umbrella liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees 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 City Council, boards and commissions, officers, agents, volunteers and employees. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. Global 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 sixty (60) 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. Global 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 C 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. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 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. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work. Global Builders Inc Page C-4 E m J a v � Q � N � H cti > v f0 a E U _ c m rj) .ty C kv E tU t`7s a � a m � E u C U- u m Ln N J CL — C7 C.7 � C 4 t? z < < U] ' �• I � Q � < a ~� � (h � Q _� � N � 93 � ems. ,► I •►) N o 12 a d cn 0 m ► / ► ► 1