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C-9008-1 - 38th Street and Lake Avenue Landscape Improvements Project
CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3005 1 949 644-3039 FAX newportbeachca.gov/cityclerk March 21, 2025 S&H Civilworks Attn: Mr. Jess Sotto 1801 Hilltop Drive Colton, CA 92324 Subject: 381h Street and lake Avenue Landscape Improvements Contract No. 9008-1 Dear Mr. Sotto: On January 14, 2025, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on January 15, 2025, Reference No. 2025000029558. Enclosed is the released Labor & Materials Payment Bond. Sincerely, /Yl J Leilani I. Brown, MMC City Clerk Enclosure Bond No. 101205348 Premium: Included in Performance Bond CITY OF NEWPORT BEACH BOND NO. 101205348 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to S&H Civilworks hereinafter designated as the "Principal," a contract for the �lrnprovOrlientlf Construction] of Landscape Improvements located at 38tthLakeStreet and 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, Merchants Bonding Company (Mutual) duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One hundred Ninety Three Thousand SiM Seven and owoodollars ( $193,067.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. g 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 8th day of July 2024 . S&H Civilworks Name of Contractor (Principal) Auth ized Signature/Title Merchants Bonding Company (Mutual) Name of Surety Aut orized Agent nature 6700 Westown Parkway West Des Moines, IA 50266 Address of Surety 800-678-8171 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:- ,/ 14, t By: ron C. Harp /hs City Attorney //� /zy Adriana Valenzuela, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page D-2 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 �� V Ef1yI(I t-o I +, } SS. On 20� before me, !�: p WL, e Notary Public, personally appeared -S.S , L1 �,� who proved to me on the basis of satisfactory evidence to be a person(o whose name($) is/ax6 subscribed to the within instrument and acknowledged to me that he/s�e/ lAy executed the same in his/*#eir authorized capacity(#), and that by his/l�r/t�eir signatures(q°) on the instrument the person(o, 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. MANJIT KAUR BOUGHAN COMM. #2470923 �t NOTARY PUBLIC - CALIFORNIA m SAN BERNARDiNO COUNTY La MY Comm. Expires Nov. 12 2027 Signatur' (seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page D MERCHANT BONDING C®MPANYTM, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Aatdana Valenznela their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 8th day of July 2024 •P. (� ° �Q�.....CD�JA.• MERCHANTS BONDING COMPANY (MUTUAL) • 11ON4 s.y�•ORPOgq.�0% ®°�O. OQ�PO�¢' .9 .• MERCHANTS NATIONAL BONDING, INC. • r Ci �� .2 ° ° C> 9� ?,t a d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY 2003 ��a 1933By c ,�a, ;'aoe°°° ° • • • • • e • dent STATE OF IOWA President COUNTY OF DALLAS ss. On this 8th day of July 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. aQRIAL s� Penn! Miller k ZA yrCommission Number 787952 +• My Commission Expires - 10WA January 20, 2027 _QVotary Pub1/c (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 8th day of July 2024 ., V • • • �N 0 •••. .•D kPORq •0. o •�o�oRk 0,9..o-Sr 2003 1933 e ° Secretary • •ti. POA 0018 (1/24) ,"INS .aaaa••• • No. 2d82-8 STATE OF CALIFOMIA .DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pin-suant to the Insurance Code of the State of California, Merchants Bonding Company (Mutual) of Iowa, organized under the laws of Iowa, subject to Its Articles of Incorporation or other jitndamental organizational documents, is hereby authorized to transact within this state, subject to aft provisions of this Certificate, the fallowing classes of insurance Surety, Liability, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the Slate of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and heregfter being in All compliance with all, and not in violation oJ'any, of the applicable lazes and binvfrtl requirements made under authority of the laws ofthe State gfCalifornia as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as of the I" day of October, 2015, 1 have hereunto set my hand and caused my official seal to be ufxed this I' day of October, 2015. Dave Jones Imurance Cmamusfoaar BY Valerie Sarfaty for Nettie Hoge Chief Dep ay NOTICE: Qualifleation with the Secretary of State must be accomplished as required by the California Corporations Code promptly aper issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. CALIFORNIA• • •• 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 San Bernardino On JUL 0 8 2024 Date personally appeared before me, Kassandra De Leon, Notary Public Here Insert Name and Title of the Officer Adriana Valenzuela Name(p) of Signer(p) who proved to me on the basis of satisfactory evidence to be the person($) whose name(,) is/Ere subscribed to the within instrument and acknowledged to me that lie/she/toey executed the same in hrs/her/their authorized capacity(ips), and that by hjs/her/their signature(b) on the instrument the person(p), or the entity upon behalf of which the person(s) acted, executed the instrument. KASSANDRA DE LEON COMM. #2408438 z Notary Public California z `L Orange County ° M Comm, 4fires Jul 15, 2026 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offigial seal. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 1/15/25, 11:27AM Batch 18621464 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11 I I II III II II II I I II I I I I 111 NO FEE *$ R 0 0 1 5 3 6 5 0 9 2 $ * 2025000029558 11:14 am 01/15125 90 CR-SC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and S&H Civilworks of Colton, California, as Contractor, entered into a Contract on 05/28/2024. Said Contract set forth certain improvements, as follows: 38th Street and Lake Avenue Landscape Improvements Contract No. 9008-1 Work on said Contract was completed, and was. found to be acceptable on January 14, 2025, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Alliant Insurance. BY David ebb, Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on lY 15 at Newport Beach, California. BY Jr /IA9/�IM Leilani I. Brown, Cit Cler https://gs.secure-erds.com/Batch/Confirmation/18621464 2/4 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and S&H Civilworks of Colton, California, as Contractor, entered into a Contract on 05/28/2024. Said Contract set forth certain improvements, as follows: 38th Street and Lake Avenue Landscape Improvements Contract No. 9008-1 Work on said Contract was completed, and was found to be acceptable on January 14, 2025, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Alliant Insurance. BY David V\ ebb, Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed onAn 1-1 at Newport Beach, California. PO BY � F O n Leilani I. Brown, Cit Cler v 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 10:00 AM on the 181h day of April, 2024, at which time such bids shall be opened and read for 38th Street and Lake Avenue Landscape Improvements Contract No. 9008-1 $150,000.00 Engineer's Estimate Approved by James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?Comi2anyiD=22078 Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Kyle Aube, Project Manager at (949) 644-3296 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: h_ttps://www. newportbeachca.gov/qovernment/data-hub/online-services/bids-rfps-vendor- registration City of Newport Beach 38TH STREET AND LAKE AVENUE LANDSCAPE IMPROVEMENTS Contract No. 9008-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 2 City of Newport Beach 38TH STREET AND LAKE AVENUE LANDSCAPE IMPROVEMENTS Contract No. 9008-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 9008-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 1.11 �-I I -L oa-Lf Date (q Q1)20(oIIg1 Ott) 'I'ggal Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) DIR Registration Number 4 H 0 Ili I l 1Lt-oy-(/, S Bidder Bi er's Authorized Signature and Title I ki VV cop M CO UM c1 1%21/ Bidder's Address Bidder's email address: Jesyel0) ��-1 C', Vlat)60-5 PR-1 City of Newport Beach 38TH STREET AND LAKE AVENUE LANDSCAPE IMPROVEMENTS Contract No. 9008-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope before the bid opening) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 5. The estimated quantities indicated in the PROPOSAL are approximate and are given solely to allow the comparison of total bid prices. 6. 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, 3 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. 7. 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. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: 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 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been r— � ffleq Cam( -,p6s -,q-'� Contr�actor'sLicense No. & Classification Aut o ized Signature/Title DIR Registration Number & Expiration Date ��.t�CI O UL/bE . Bidder 5 City of Newport Beach 38TH STREET AND LAKE AVENUE LANDSCAPE IMPROVEMENTS Contract No. 9008-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of amount bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 38TH STREET AND LAKE AVENUE LANDSCAPE IMPROVEMENTS, Contract No. 9008-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 3rd day of April 2024. S&H Civilworks I VuviGl p0 Name of Contractor (Principal) thorized Signature/Title Philadelphia Indemnity Insurance Company Name of Surety u orized Agent . natu e 800 E. Colorado Blvd., 6th Floor Pasadena, CA 91101 Adriana Valenzuela, Attorney -in -Fact Address of Surety Print Name and Title 626-639-1321 Telephone (Notary acknowledgment of Principal & SuretV must be attached) TATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 0 7 9 2 7 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Philadelphia Indemnity Insurance Company Of Bala Cynwyd, Pennsylvania , organized under the laws of Pennsylvania , subject to its Articles of Incorporation or otherfundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificaie, the following classes of insurance; Fire, Marine, Surety, Plate Glass, Liability, Boiler and Machinery, Burglary, Sprinkler, Automobile, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of Califorrtia. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in fisll compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may herea, fier be changed or amended. IN WITNESS WHEREOF, effective as of the 14 th day of October 2004 1 have hereunto set my hand and caused my official seal to be ajTued this 14th day of October _ 2004 M John Gar4wendi for Ida Zodrow Asst. Chief Depu NOTICE: Qualification with the Secretary of State must be accomplished as required by the CttIifort o xntions Cyt4t plo after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance C a ee4on 701 and v grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FORK CB•7 LO`M OSp 90 39391 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Cynthia J. Young, Adriana Valenzuela and Kassandra DeLeon of Alliant Insurance Services, Inc. its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $S0,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14's of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereofand to attach the seal ofthe Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (Seal) Joh Cllnmb. President Bc CEO Philadelphia Indemnity Insurance Company On this 5" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed, Commonwealth of ponnsytvonla • Notsryseal Vanessa Mckenzie, Notary Public Montgomery County My commission expires November 3. 2024 Commission number 1366394 Mombor, Onrltylva'•-YnJSOdetlon or Natarles Notary Public: residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5's day March, 2021 are true and correct and are still in full force and effect, I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 3rd day of April .20 24 1 9 ? r Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 •eWX 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 San Bernardino On Date personally appeared before me, Kassandra De Leon, Notary Public Here Insert Name and Title of the Officer Adriana Valenzuela Name(p) of Signer(p) who proved to me on the basis of satisfactory evidence to be the person($) whose name() is/,*e subscribed to the within instrument and acknowledged to me that Me/she/toey executed the same in hjs/her/t�eir authorized capacity(ips), and that by his/her/thkir signature(b) on the instrument the person($), or the entity upon behalf of which the person($) acted, executed the instrument. --KASSA DDRA DE L- ON COMM. #24.08438 z Notary PuLlic - California Orange County Comm. Erpaes July !i, 20261 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 an ficial seal. i Signature Sign ure of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter aiteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer -- Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: uc.::Y_:,�YK7 x :.Zl.�.L:(�t'l.;,C: , .<xL {.:SYiC: Gi.:U.t {l; L�:Y✓.i(-n'.:L'/.=t ©2015 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach 38TH STREET AND LAKE AVENUE LANDSCAPE IMPROVEMENTS Contract No. 9008-1 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 Contractors 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 DI registration numbers for each subcontractor. of H iw� �� -- V P 1&:E-4 Bidder Au f orized Signature/Title 01 City of Newport Beach 38TH STREET AND LAKE AVENUE LANDSCAPE IMPROVEMENTS Contract No. 9008-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name �' `t1 V1L.WOj`.l--S 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 $150,000, provide the following information: L _ IN AN z No. 1 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $ To: Telephone ( ) Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $_ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $ To: Telephone ( ) Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $ To: Telephone ( ) Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount To: Telephone ( ) Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No.6 E�- E �qm 1�*� Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Original Contract Amount $ Telephone ( Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. 7NAA \Jr, V_�JAI hpoe 119-aq- Bidder Adt\�rized Signature/Title 13 S&H CIVILWORKS COMPLETED PROJECT REFERENCES PAST (3) YEARS Project Owner Project Scope of Work Contact Contract Amount Completion Date City of Riverside Street Widening Widening, Concrete Kevin Goodwin $60,000 June 2018 3900 Main Street of Quite lane and asphalt Project Manager Riverside CA 92522 (951) 318-3134 kgoodwi n(a)riversideca.gov Thomas Dahlin OMNITrans ATP safe Route Demo, sidewalk, ADA Capital Project $2.1M December 1700 West 51i St to Transit Project Ramps & Asphalt Manager/Inspector 2018 San Bernardino, CA Paving (951) 358-9322 92411 thomas.dahlinCcDomnitrans.orq Thomas Dahlin OMNITrans Corona Avenue Demo, sidewalk, ADA Capital Project $308,000 April 2019 1700 West 511 St ATP safe Route Ramps & Asphalt Manager/Inspector San Bernardino, CA to Transit Project Paving (951) 358-9322 92411 thomas.dahlin(a)omnitrans.org Nathan Toczek City of San Annual Concrete Demo, sidewalk, City Inspector $2.1M April 2019 Bernardino Repair & ADA driveway, ADA Ramps (760) 963-2085 201 N "E" Street, san Access Ramp & cross gutter toczek na a-)sbcity.org Bernardino CA Project Roadway City of Santa Measure A Cycle Improvement, Ken Young — Barbara 3 Sidewalk Infill concrete, storm Project Manager $1.1 M December 630 Garden Street, Project drainage, retaining (805) 560-7568 2019 Santa Barbara CA walls, Ramps & kyoung(a)santabarbaraca.gov Asphalt Paving County of Riverside Mayberry Avenue Roadway Improvement, concrete Trai Nguyen — Principal Inspector February Washington Sidewalk Project sidewalk, cross gutter (951) 961-5363 $316,000 2020 Riverside, CA 92504 Rive —Hemet CA and ramps trnquyen cDrivco.orq City of Costa Mesa City Parkway Citywide concrete Cristina Oquendo $3.2M May 2020 77 Fair Drive Maintenance repair curb, gutter, Project Manager Costa Mesa CA Project sidewalk, driveway and (714) 754-5015 ADA Ramps cristina.oguendo(a)costamesaca -C 102—y City of Newport Concrete Demo, Curb, Gutter, Ben Davis PE- 100 Civic Center Replacement Sidewalk, ADA Project Manager $763,500 July 2020 Drive, Newport Project Ramps, Cross gutter & (949) 644-3317 Beach, CA 92660 Asphalt bdavis aa)newportbeachca.gov City of Loma Linda ADA Access Demo, sidewalk, Alex Rubalcava $113,000 August 2020 26000 Barton Road, Ramp Installation driveway, ADA Ramps City Inspector Loma Linda 92354 Project & cross gutter (909) 478-4263 erubalcava lomalinda-ca. ov City of West CDBG Concrete Demo, sidewalk, Mila Solugob $311,000 October 2020 Hollywood Repair Project driveway, ADA Ramps Project Manager Inspector 8300 Santa Monica & cross gutter (323) 848-6338 West Hollywood, CA msologub(@weho.org 90069 Page 1 of 2 S&H CIVILWORKS COMPLETED PROJECT REFERENCES PAST (3) YEARS Project Owner Project Scope of Work Contact Contract Amount Completion Date City of Perris A Street and Demo, sidewalk, Brad Brophy $298,000 November 1015 S G St, Perris, Nuevo Road driveway, ADA Ramps, Project Manager Inspector 2020 CA 92570 Project cross gutter and (951) 943-6504 asphalt brad(a)trilakeconsultants.com City of Newport Ben Davis PE — 100 Civic Center Concrete Repair Street Reconstruction; Project Manager $700K July 2021 Drive, Newport Program Project Concrete Repair (949) 644-33 17 Beach, CA 92660 bdavisCcDnewportbeachca.gov City of Newport Concrete Alley Patricia Carpenter PE- 100 Civic Center and Street Street Reconstruction; Project Manager November Drive, Newport Replacement Concrete, drainage (949) 644-3344 $2.2M 2021 Beach, CA 92660 Project and PCC pavement pcarpenter(a)newportbeachca.g ov City of Chino Hills 5 Year On -Call Remove and Jerry Barragan 14000 City Center contract Project reconstruction of curb, Superintendent $225K/Yr On -going Dr, Chino Hills CA 2019-2024 gutter, driveway (909) 573-4355 sidewalk and ramp Ibarragan(aDchinohills.org City of Corona Oak Avenue Street Reconstruction; Julianna Zaleski 400 S. Vicentia Ave Sidewalk Concrete and PCC Project Manager $550K April 2022 Corona, CA 92882 Improvement pavement (951) 736-2264 Project iulianna.zaleski(a)coronaca.gov Carver Tract Trai Nguyen —Supervisor County of Riverside Sidewalk Street Reconstruction; Principal Inspector November 2950 Washington St, Improvement Concrete, drainage (951) 96 $1.5M 2022 Riverside, CA 92504 Replacement and Asphalt pavement trnguyen(c�rivco.rivco.orq Project County of Riverside El Toro Street Reconstruction; Steve Wann — Principal Inspector November 2950 Washington St, Road/Dexter Concrete, drainage 46 (g51) 961-5946 9wan $1.5M 2022 Riverside, CA 92504 Road Project and Asphalt pavement s(951) n(@61-5rivcorg City of Orange Annual Concrete Remove and Evan Arnold 300 E Chapman at Various reconstruction of curb, Inspector Construction Ins p $1.1 M October 2023 Ave, Orange, CA location gutter, driveway (714) 602-0111 92866 sidewalk and ramp Earnold @CityofOrange.org City of Lake Forest Remove and Nazila Mokarram 100 Civic Center Dr, Phase 13 — CDBG reconstruction of curb, Principal Engineer $104K November Lake Forest CA ADA Ramp gutter, driveway (949) 461-3490 2023 sidewalk and ramp nmokarram@lakeforestca.sov City of Yorba Linda 2 Year Call Remove and Armando Jaime 4845 Casa Loma contract Pr Project P r reconstruction of curb, Superintendent $400K/Yr On going Ave, Yorba Linda, 2022-2024 gutter, driveway (714) 814-4687 CA 92886 sidewalk and ramp aiaime(a.vorbalindaca.gov Page 2 of 2 City of Newport Beach 38TH STREET AND LAKE AVENUE LANDSCAPE IMPROVEMENTS Contract No. 9008-1 NON -COLLUSION AFFIDAVIT State of California ) County of S yt Y r&s t� being first duly sworn, deppses and says that he or she is � PLC i t t of ' A- L t (_i Vr uJcYVS , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. S' N CAll rk-STPLq if,M Bidder Kjitized Signature/Title Subscribed and sworn to (or affirmed) before me on this t day of , 2024 by J c Ss S 0 TA y proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] MANJIT KAUR BOUGHAN COMM. #2470923 a eLU n NOTARY PUBLIC • CALIFORNIA m °C SAN BERNARDINO COUNTY My Comm. Expires Nov. 12, 2027 14 R4441 t Notary Public My Commission Expires: i� Zli City of Newport Beach 38TH STREET AND LAKE AVENUE LANDSCAPE IMPROVEMENTS Contract No. 9008-1 DESIGNATION OF SURETIES Bidder's name H CA V LLLL)Ei�s 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): 15 City of Newport Beach 38TH STREET AND LAKE AVENUE LANDSCAPE IMPROVEMENTS Contract No. 9008-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name 5 ° - H G,4 I/! Lt vw-" 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 3 _7 3 Total dollar Amount of�2� Contracts (in / f y( f �� t�Jll� �3. S 3 ,r/ , Thousands of $ No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to / another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder 5�-t4 Business Address: U ��,L.7eyL) 61- Business Tel. No.: <J ,> J State Contractor's License No. and Classification: �� S /q Title _ The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder 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] 17 Acknowledgement 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 San Bernardino On April 17, 2024, before me, Manjit Kaur Boughan, Notary Public, personally appeared Jess Sotto who proved to me on the basis of satisfactory evidence to be the person,Wwhose name (,s'is/ are subscribed to the within instrument and acknowledged to me that he/slye'-/ tht"y executed the same in his/hef7 tlir authorized capacity (j41 and that by his/lair/tWlir signatureX on the instrument the person,,(s), or the entity upon behalf of which the person Xacted, 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. MANJIT KAUR BOUGHAN j COMM. 02470923 n Cn NOTARY PUBLIC • CALIFORNIA m cc SAN BERNARDINO COUNTY fl My Comm. Expires Nov. 12,202 (Signature) (seal) City of Newport Beach 38TH STREET AND LAKE AVENUE LANDSCAPE IMPROVEMENTS Contract No. 9008-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name 5 4- �1 (14 0L�1 &0dIZ -S The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received LjSignature 093 Citd of Newport Beach 38TH STREET AND LAKE AVENUE LANDSCAPE IMPROVEMENTS Contract No. 9008-1 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: (fV r 6Yec- 0_\ Business Address: Telephone and Fax Number: 4 California State Contractor's License No. and Class: (l'lt)5� � CIn C A-,fs � t (REQUIRED AT TIME OF AWARD) Original Date Issued: C7`ul Expiration Date: List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone 2-1t o Si V � r- �-' �- Corporation organized under the laws of the State of t&I'll 6- 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: PuN All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; "1' Have you ever had a contract terminated by the owner/agency? If so, explain. rl � Have you ever failed to completeroject? If so, explain. Th !a 0 For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 20 Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. 5 0 Cl V1 Bidder (Print name of Owner or President of Corporation_/Company) e2 — Auth zed Signature/Title BaQ S �&vty Title Date On -AL-mil C 1 7 '0`���before me, Ran �f � ;��+%�1�1 ,Notary Public, personally appeared _ ,jp 5'5 _II I , 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: u-t 2,d2b 21 (SEAL) MANJIT KAUR BOUGHAN COMM. #241 U923 .1 Cn NOTARY PUBLIC . CALIFORNIA m °C SAN BERNARDINO COUNTY My Comm. Expires Nov. 12, 202] City of Newport Beach 38th Street and Lake Avenue Landscape Improvements (9008-1), bidding on 04/18/2024 10:00 AM (PDT) Page I of 4 Printed 04/18/2024 Bid Results Bidder Details Vendor Name S&H Civilworks Address 6612 Columbus Street Riverside, California 92504 United States Respondee Jesse Respondee Title President Phone 714-855-0909 Email jesse@sandhcivilworks.com Vendor Type License # 1008640 CADIR Bid Detail Bid Format Electronic Submitted 04/18/2024 7:57 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 374046 Respondee Comment Buyer Comment Attachments File Title Proposal S&H.pdf File Name Proposal S&H.pdf File Type General Attachment PlanetBids City of Newport Beach Page 3 of 4 381h Street and Lake Avenue Landscape Improvements (9008-I ), bidding on 04/1812024 10.00 AM (PDT) Printed 04118/2024 Line Items Discount Terms No Discount Item A Item Code Type Item Description UOM CITY Unit Price Line Total Response Comment Section 1 $193,067.00 1 Mobilization & Demobilization LS 1 $7,500.00 $7,500.00 Yes 2 Traffic Control LS 1 $4,000.00 $4,000.00 Yes 3 Erosion Control BMP's LS 1 S3,500.00 $3,500.00 Yes 4 Clearing and Grubbing (Landscape, Irrigation and Soil Excavation) SF 861 $5.00 $4,305.00 Yes 5 Class A Soil Import for Landscape Planter CY 27 S150.00 S4,050.00 Yes 6 Remove and Dispose Portion of Existing Retaining Wall and Sidewalk (allowing for Stair Construction) LS 1 $4,200.00 $4,200.00 Yes 7 Construct PCC Sidewalk per CNB Std. Dwg. 180 SF 27 $50.00 $1.350.00 Yes 8 Reinstall Existing 8-Inch PVC Sch 40 Draln Line LS 1 $3,500.00 $3,500.00 Yes 9 Construct Concrete Paving per Det G / Sht 6 SF 43 $80.00 $3,440.00 Yes 10 Construct CMU Cheek Wall per Der L / Sht 8 LF 18 $700.00 $12,600.00 Yes 11 Construct Foot Wash Station per Det P / Sht 9 LS 1 $6,500.00 $6,500.00 Yes 12 Construct 8-Inch Wide Concrete Curb Planter Wall per Detail F / Sht 6 LF 28 $200.00 $5,600.00 Yes 13 Construct CIP Retaining Wall for Fence Foundation per Det 11 / Det 7, Det C / Sht 6 & Struct. Shts 13-15 LF 26 S750.00 $19,500.00 Yes 14 Construct Deepened CIP Curb for Fence Foundation per Det 12 / sht 7 LF 46 S160.00 $7,360.00 Yes 15 Construct PCC Trash Receptacle Pad per Det G / Sht 6 LS 1 $3,500.00 $3,500.00 Yes 16 Construct PCC Stairs, Handrail and PCC Flatwork per Det K / Sht 8 LS 1 S30,000.00 $30,000.00 Yes 17 Fumish and Install Stone Cladding and CIP cap on Existing Retaining Wall per Det B & D / Sht 6 LF 101 $170.00 $17,170.00 Yes 18 Construct Stone Clad Curb Wall per Del B & E / Sht 6 LF 59 $160.00 $9,440.00 Yes 19 Furnish and Install 42-Inch High Steel Fence on CIP Foundation Wall per Der J / Sht 7 LF 87 $140.00 S12,180.00 Yes 20 Furnish and Install New Up Lighting for Existing Newport Island Sign LS 1 $15,000.00 S15,000.00 Yes 21 Furnish and Install quick Coupling Valve EA 2 $500.00 $1,000.00 Yes 22 Furnish and Install Gate Valve EA 2 $750.00 S1,500.00 Yes 23 Fumish and Install Master Valve EA 1 $750.00 $750.00 Yes 24 Fumish and Install Flow Sensor EA 1 S1,500.00 S1,500.00 Yes 25 Fumish and Install Sch 40 PVC Lateral Pipe and Sleeving (all sizes) LF 834 S8.00 $6,672.00 Yes 26 Furnish and Install Sch 40 PVC Mainline Pipe and Sleeving (all sizes) LF 121 $50.00 $6,050.00 Yes 27 Fumish and Install Control Wiring ALLOW 1 S400.00 $400.00 Yes 28 Prepare as-buJit plans ALLOW 1 $500.00 S500.00 Yes PlanetBids City of Newport Beach 381h Street and Lake Avenue Landscape Improvements (9008-1), bidding on 04/18/2024 10:00 AM (PDT) Page 4 of 4 Printed 0411812024 Line Item Subtotals Section Title Section 1 Grand Total Line Total $193,067.00 $193,067.00 PlanetBids 38TH STREET AND LAKE AVENUE LANDSCAPE IMPROVEMENTS CONTRACT NO. 9008-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 28th day of May, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and S&H CIVILWORKS, a California corporation ("Contractor"), whose address is 1801 Hilltop Drive, Colton, CA 92324, 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 constructing a new beach access stair, installing a new concrete planter wall, relocating existing drainage pipe, decorative fencing on C.I.P. planter retaining wall, installing stone veneer on existing wall, foot wash station, and partial irrigation improvements (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. 9008-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Ninety Three Thousand Sixty Seven Dollars ($193,067.00). 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 Jess Sotto 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. S&H Civilworks Page 2 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 S&H Civilworks Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jess Sotto S&H Civilworks 1801 Hilltop Drive Colton, CA 92324 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. S&H Civilworks Page 4 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774 and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any S&H Civilworks Page 5 subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request 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. 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 S&H Civilworks Page 6 or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. S&H Civilworks Page 7 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. S&H Civilworks Page 8 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. S&H Civilworks Page 9 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] S&H Civilworks Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Z`( By:� bit aan C. Harp ryjs �it Attorney ;9j �?y ATTEST: Date: 7• aJ\ r \ By: Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: ,�/z3 /ZOZ / By: WIII O'Neill Mayor CONTRACTOR: S&H CIVILWORKS, a California corporation Date: Signed in Counterpart By: Jess Canilo Sotto Chief Executive Office, Chief Financial Officer Date: Signed in Counterpart By: Jose Leoncio Hermosillo Secretary [END OF SIGNATURES] Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements S&H Civilworks Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date: - ICI zit T By: ��� a n C. Harp Attorney s�9j ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: WIII O'Neill Mayor CONTRACTOR: S&H CIVILWORKS, a California corporation Dater 1e By: 5522 1- Jes anilo Sotto Chief Executive Office, Chief Financial Officer Date: (,e r I o b-!q c Jose Leoncio Hermosillo Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements S&H Civilworks Page 11 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 elected or appointed officers, agents, officials, employees, volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers. 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 and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from S&H Civilworks Page C-1 premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. �. 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. E. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than five million dollars ($5,000,000) per loss and five million dollars ($5,000,000) in the aggregate per policy period. Claims -made policies require a 10-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross - liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. S&H Civilworks Page C-2 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, 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 elected or appointed officers, agents, officials, employees, volunteers shall be included as additional insureds under such policies. C. Primary and Non -Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of 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 S&H Civilworks Page C-3 (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. S&H Civilworks Page C-4 F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. S&H Civilworks Page C-5 Bond No. 101205348 Premium: Included in Performance Bond EXHIBIT D CITY OF NEWPORT BEACH BOND NO.101205348 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to S&H Civilworks hereinafter designated as the "Principal," a contract for the 38th Street and {Improvement){Construction) of Landscape Improvements located at Lake Avenue 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, Merchants Bonding Company (Mutual) duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One hundred Ninety Three Thousand Si24 Seven and oo/loodollars ( $193,067.00 lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Page D-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 8th day of July 2024 . S&H Civilworks Name of Contractor (Principal) Auth ized Signature/Title Merchants Bonding Company (Mutual) Name of Surety Aut orized Agent nature 6700 Westown Parkway West Des Moines IA 50266 Address of Surety 800-678-8171 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ''if 14-1/t By: ron C. Harp /hT City Attorney �zY Adriana Valenzuela, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page D-2 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 Q County of Loya } ss. On n ccl 20� before me, Notary Public, personally appeared , y ne-• Lf a, , who proved to me on the basis of satisfactory evidence to be a -person(o whose name() is/ate subscribed to the within instrument and acknowledged to me that he/s�e/ oy executed the same in his/*#eir authorized capacity(i s), and that by his/or/heir signatures(s,) 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. ���-' MA,PaJIT KAUR BOUGH AN COMM. #2470923 cc:NOTARY PUBLIC - CALIFORNIA tag, SAN BERNARDiNO COUNTY m -. My Comm. Expires Nov. 12. 2027 Signatur (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page D MERCHANT BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Adriiana Valenzuela their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 8th day of July 2024 `••pAr,ONAZ °°°° m•�Q�HP' �.iJ�A0• MERCHANTS BONDING COMPANY (MUTUAL) EtPO%i"®o ®�O,•OQIPOR • 9 MERCHANTS NATIONAL BONDING, INC. '�� CEO �� • `� a • Co � :yt o d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY -0- camr—'`' av : 2003 ; Lia s 1933 ®c; President STATE OF IOWA •���""•"��•, • • COUNTY OF DALLAS ss. On this 8th day of July 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. tA4 s� Penni Miller z Commission Number 787952 � f • • My Commission Expires ' low,, January 20, 2027 otary PubJlc , (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 8th day of July 2024 o°y�•o.iPOR�•e0. o RPOH •'°9y.m �.® -a- o':oo mom':= -o- 2003 r`� m y 1933 ; ti ; Secretary 'tee �: POA 0018 (1/24) No. 2482-8 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority TI41S IS TO CERTIFY that, pursuant io the Insurance Code of the State ofCalifornia, Merchants Bonding Company (Mutual) of lonna, organized under the lutes of Iowa, subject to its Articles oflncorporalion or other.lundamental orgrWrdarional documents, is hereby authorized to transact within this State, subject to allprovisions ofthis Certif care, the following classes of insurance Surety, Liability, and Miscellaneous as such classes are now or pray hereafter be defined in the Insurance Laws of the Stale of California. THIS CERTIFICATE; is expressly conditioned upon the holder hereofnow and hereafer being in All compliance with all, and not in violation nj'any, afthe applicable laws and lawful requirements made under authority of the laws ofthe State ofCallfornla as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WIT1`tESS WHEREOF, effective as of'the P day of October, 101 S, I have hereunto set my hand and caused my official seal to be affixed this 1" day of October, 2015. Dave Jones insurance Commusroner By Valerie Sarfaty for Nettie Hoge Chief Depur)• NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly alter issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Codc section TOt and will he grounds for revoking Oils Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. CALIFORNIA. • OD .a .a�.a _a _a ..� .zxZ.ci.L c� .aC.ra�. Z.aZ _c�C_a .a .a .a..ats ..� .a _a•_c� ,at,a a .a..a• a�_s� .s�C,aCCc� , -aZ.a :sa._� _aZ� _a _a .aC_aC. 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 San Bernardino ) On JUL 0 8 2024 before me, Kassandra De Leon, Notary Public Date Here Insert Name and Title of the Officer personally appeared Adriana Valenzuela Name(p) of Signer(p) who proved to me on the basis of satisfactory evidence to be the person($) whose name() is/efre subscribed to the within instrument and acknowledged to me that He/she/toey executed the same in hCs/her/ti eir authorized capacity(ips), and that by hls/her/thbir signature(,) on the instrument the person(p), or the entity upon behalf of which the person(s) acted, executed the instrument. KASSANDRA DELEON COMM, #2408438 z Notary Public • California ;0 Orange County M Comm, Ex fires Jul 15, 2026 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 offigial seal. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer ® Title(s): ❑ Partner ® ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer ® Title(s): ❑ Partner s ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ti 'r> r� •rr ^•✓ -a> -rr ea -� -urei; rrs'✓ -:�5'U,�ri m ✓ +=r :v -r.� -sv c� -y NAM u 'rrs•'r� :� -� •✓-✓.,`✓-, � -� -�r4'u ems. ri.•c� •r> e� -� ,. Bond No. 101205348 Premium: $5,792.00 Premium is for the contract term and is EXHIBIT E subject to adjustment based on final contract price The premium charges on this Bond is $ 5,792.00 , being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to S&H Civilworks hereinafter designated as the "Pri I " c ntract for the {Improvement} Re {Construction} of Landscape Improvements located at L8ake Aven ae� 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 Merchants Bonding Company (Mutual) duly authorized to transact business under the laws of the State of California as Surety (' erei aped Nsetiyilir�e3 Thousand are held and firmly bound unto the City of Newport Beach, in the sum of sixty Seven and 00/100 dollars ($193,067.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. 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 Page E-1 thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 8th day of July 20 24 S&H Civilworks J-t-t— Name of Contractor (Principal) Authorized Signature/Title Merchants Bonding Company (Mutual) Name of Surety Authorized Agen Si nature 6700 Westown Parkway West Des Moines, IA 50266 Address of Surety 600-675-8171 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: J)a) A r n C. Harp n7T Cit Attorney Adriana Valenzuela, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Click here to enter text. Page E-2 I,T91:41 [91WILt�:17 ►r7 r,F -M 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 �c_t�_ ��K0*1A 4,'vl O } ss. �r On , 20 2—before me, � � I i- f Notary Pu ic, personally appeared ,We ' q , -) who proved to me on the basis of satisfactory evidence to bet the person( whose name ) is/ e subscribed to the within instrument and acknowledged to me that he/�e/tVey executed the same in his/h#/tf�eir authorized capacity(ie�, and that by his/or/A4ieir signatures( on the instrument the person , or the entity upon behalf of which the person(acted, executed the instrument. t 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. fv1ANJIT KAUR BOUGHAN crtlComm#2470923 NOTARY PUBLIC - CALIFORNIA mQ SAN BE RN.ARDINO COUNTY MaudMy Cn m Expires Nov. 12, 2027 Signatu M (seal) 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 I ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) MERCHANT BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Adrha nau Valenzuela their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and.executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 8th day of July 2024 .• 1 �� A ° Q\NO Oq**.. MERCHANTS BONDING COMPANY (MUTUAL) . '1, `• �spop • 0 :� °' O?' (�POA' Aq °° MERCHANTS NATIONAL BONDING, INC. 'tiy 'Cr® 4>'''y.� d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY Q2 -0- ®':�- cry:`' -o- 0: o - j 2003 ;e�> ®y 1933 ° B t�''• o o • '76; A : y �'• * .°6 'n . • ° President STATE OF IOWA ""' •" ° ° ° ` ° ° ° COUNTY OF DALLAS ss. On this 8th day of July 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. _ �PRJA4s Penni Miller z ° P Commission Number 787952'' R .... • • My Commission Expires - IOWF January 20, 2027 Publc''� (Expiration of notary's commission ota } �{ p does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 8th day of July 2024 .�P310 NAB . • Q\NG CQ,h•. o��®RPORq�� e �O•�0(�P0R4�9�.6 °Oo: e, �° °Z:� :moo �'. y ""00 2003 ,� <- . . 1933 Secretary a POA 0018 (1/24) No. 2482-8 STATE OF CALIFOMIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority I IIS 1S TO CERTIFY that, pursuant to the Insurance Curie oj'the State oj'California, Merchants Bonding Company (Mutual) of lowa, organized under the lairs of loiva. subject to its Articles of Incorporation or other fundamental organizational documents, is herehy authorized to transact within this State, sttlijecl 10 all provisions of this C'ertif cafe, the_faollowing classes of insurance Surety, Liability, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Lmvs of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in All compliance ivilh all, and not in violation of any, ofihe applicable laws and lawful requirentent.s made under authority of the Imes g1'the State ofCallfornla as long as such laws or requirements are in effect and applicable, and as such lmvs and requirements noir are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the l" day of October, 201 S, I have hereunto set my hand and caused nay o1ficial seal to be affixed this 1" days of'October, 2015, Dave Jones tnuurance C.'ommusioner By Valerie Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California corporations Code promptly after issuance orthis Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. CALIFORNIA•• • •r ..�5_cv'�C_.� .ct..�,..s�C.c� .c�C.:.� .ca<_r�:��_.��.c��_c�C.��_.�, � •_z� .a .s�Q_c� �•..�C_wt.� .A .as .aL.�C.At.s� .aC.c� .�C.A _A,. .n.2�<�Q.c� _A�C.s�.Cr�'C_ 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 San Bernardino On JUL 0 8 2024 Date personally appeared before me, Kassandra De Leon, Notary Public Here Insert Name and Title of the Officer Adriana Valenzuela Name(p) of Signer(p) who proved to me on the basis of satisfactory evidence to be the person($) whose name() is/ire subscribed to the within instrument and acknowledged to me that i%/she/toey executed the same in hrs/her/tf eir authorized capacity(ips), and that by h%s/her/th;l it signature(,) on the instrument the person(p), or the entity upon behalf of which the person($) acted, executed the instrument. KASSANDRA DELEON COMM, #2408438 z Notary Public • California o z " v r Orange County M Comm. Ex fires J& 15 2026 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and Official seal. Signature of Notary Public Place Notary Seal Above ' ®era®Nay Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer Is Representing: •a�� .�G.��.'.� •r .:v4_r�4�.� _ar: e�� t' wy `u `:ri -en,'v ✓4'e3•tirs, 'r> 'e�•-ar �xr '� '✓ '�i4-d •er �d '� r� 'y ✓ `✓ `�4'u: a '.v 'r� `.v `cam 'er '✓ d u `v �FWPOR City of Newport Beach Insurance Compliance 100 Civic Center Drive-FV Newport Beach, CA 92660 July 22, 2024 S&H Civilworks 1801 Hilltop Drive Colton, CA 92324 Reference Number: 9008-1 This Account has moved from non -compliant to COMPLIANT status and currently in compliance for certificate of insurance requirements. As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts and those of your insurance agent in working with our insurance representatives. Please call us at (951) 766-2285 if you have any questions. Sincerely, City of Newport Beach Compliant Notice [CA1]