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Home My WebLink AboutC-9501-1 - Utilities Locker Room Maintenance Project5/28/25, 3:39 PM Batch 19280135 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II I� III III ��II II III III �� II NO FEE *$ R 0 0 1 5 6 0 0 8 3 4$ 2025000150916 03:31 pm 05/28/25 90 CR-SC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 American Construction Company LLC of Anaheim, California, as Contractor, entered into a Contract on 10/08/2024. Said Contract set forth certain improvements, as follows: Utilities Locker Room Maintenance Contract No. 9501-1 Work on said Contract was completed, and was found to be acceptable on May 27, 2025, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Commercial Surety Bond Agency. BY e /j �d �fi David ebb, Public orks 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 M , at Newport Beach, California. BY A�J, Leilani I. Brown, Pity Clerk u https://gs.secure-erds.com/Batch/Confirmation/19280135 2/2 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 American Construction Company LLC of Anaheim, California, as Contractor, entered into a Contract on 10/08/2024. Said Contract set forth certain improvements, as follows: Utilities Locker Room Maintenance Contract No. 9501-1 Work on said Contract was completed, and was found to be acceptable on May 27, 2025, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Commercial Surety Bond Agency. BY --e /,� �4 �e David ebb, Public orks 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 M K1 , at Newport Beach, California. M. I r) nix,-- Leilani I. Brown, Pity Clerk O CITY OF NEWPORT BEACH LA NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 Before 2:00 PM on the 11t" day of September 2024, at which time such bids shall be opened and read for UTILITIES LOCKER ROOM MAINTENANCE Contract No. 9501 -1 $300,000 Engineer's Estimate Approved games M.'Houlihan, P.E. puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 VOLUNTARY PRE -BID SITE WALK: A voluntary job walk will be conducted for this project on August 29, 2024 at 2:30 p.m. at the site located at 949 W 16th Street, Newport Beach, CA 92663. Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 1821 East Dyer Road # 125, Santa Ana, CA 92705 Contractor License Classification required for this project: "B" For further information, call Ellis Petersen, P.E., Project Manager at (949) 644-3014 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor- registration City of Newport Beach UTILITIES LOCKER ROOM MAINTENANCE Contract No. 9501-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................10 NON -COLLUSION AFFIDAVIT..................................................................... 14 DESIGNATION OF SURETIES...................................................................... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................16 ACKNOWLEDGEMENT OF ADDENDA..................................................................... 188 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER...........................................................................22 CONTRACT.................................................................................................................. 23 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 UTILITIES LOCKER ROOM MAINTENANCE Contract No. 9501-1 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, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashiers check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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, 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 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. Ben Hamed, A.M.ASCE,AIA,(Amr Hamed) 1073807, B,C20 CEO & PRINCIPAL ENGINEER Contractor's License No. & Classification Authorized Signature/Title 1000801097 , 06/30/2025 9/11/2024 DIR Registration Number & Expiration Date AMERICAN CONSTRUCTION COMPA , LLC. DBA ACC Bidder Bond No. CSBA-28333 City of Newport Beach UTILITIES LOCKER ROOM MAINTENANCE Contract No. 9501-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Amount 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 UTILITIES LOCKER ROOM MAINTENANCE, Contract No. 9501-1 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 1 Oth day of September 2024. �Y �Yhr of Amed— Consna lan Company LLC tloa ACC & Enoineennu DAIA ' Name of Contractor (Principal) Authorized Signatur The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200 Orange, CA 92868 Address of Surety (714) 937-1400 Teleprione a Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Qc6i"t)e } ss. ]] _. (_ On SP��Pm),P� )1 202 / before me, CAMJFA (V-Q j /� th k('Aa'/1, Notary Public, personally appeared /�,rnr qly% p who proved to me on the basis of satisfactory evidence to be the p rson(s) whose name(s is re su sc ibed to the within instrument and acknowledged -to me that Q/ he/they executed the same in his/ er/their authorized capacity(ies), and that b� eJh' /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. CAMDEN GRAYALCHANATI Sys..,,•, Commssionp2373235 WITNESS m hand and official seal. 4'� _: Y 1 n , Notary Pu6hc - Czhforma LOSANGELESEPT2, / MY Comm. Expires SEPT 2, 2025 Signature (seal) OPTIONAL INFORMATION Date of Document Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: ❑ Check here if no thumbprint or fingerprint Is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On _)ss. 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of. Orange ) ss. On September 10th 2024 before me, Melissa Ann Vaccaro Notary Public, personally appeared Dwioht Reilly 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 exeguted 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. _ j�� it ;j" 7, h1ELISSA ANN VACCARO WITNESS my hand and official seal. n : COMM. 9z40- 942 Notary Pubile-California ORANGE COUNTY u ^. H My Comm. Expires May l2,?G2G�( Signature Melissa Ann Vaccaro (seal) Bond No. CSBA-28333 Liberty Mutual, SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casually Insurance Company Certificate No: 8209029-969561 West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organczed under the laws of The Slate of New Hampshire, that Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a ceporaton duty organized under the lap41the State of Indiana(herein collectively celled The'Compantes), pursuant to and by authority heron set forth, does hereby name, consuluts and appoint. Arturo Ayala: Daniel fluckabay: Adrian Langrell; Chelsea Libemlom Frank Nrorones: R. Nappi: Dwiphr Reilly; Shamma Rozelle Ostrom: Hen Sum,; Michael D. Slonir. Benjamin Wolf. all of Lie city of Omnw stale of CA each individually A There be more man one named. its We and lawful aRomeydn•Iccl to make. execute, seal, acknevledge and deliver, for and on its behalf as surety aid as its act and dead, any and all undertakings, bonds, mcognizancs and ether surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by Mat secretary of me Companies In their own proper persons. IN WRNESS WHEREOF, this Power of Attorney has been subsenthed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed mermolhis 21sf dayof November , 2023 . Liberty Mutual Insurance Company 000 VxYiN36a\NsuRyThe Ohio Casualty Insurance Company .ew e 3v� 'J6 no3 "+y. rimWesl American Insurance C.^mpany c1919 ms 1997 n �-M1,utJS jDiYa, 4.r xn dD} �•y! fd de rd By: �- navid M. Carev Acsinmm Cq—i— L INS 2151 dayof November . 2023 before me personally appeared David fd.Carey, who adrnodedged blmseho be the Assistant Secrelary olUbarty Mutual Insurance Company, The Cho Casually Company, and West American insurance Company. and duo he, as such, being authorized so to do, execute the foregoing instrument for the purposes Inerein contained by signing an behalf of me comorallons by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunlosubscnbed my name and aKxed my nclanal seat at Plymouth Meeling. Pennsylvania, on the day and year firs( above written. ��"". '', \ r nn:camtlPtrntl.JM.rc:"Y Sny f \Pt C�nff'Gn CR rta�.n'-�2. A15 By: `,r- - Ccsem¢n or�f+scut x,,,m,e,tl,,,,�„ Teresa Pasldla, Notary Pubic This Power of A(iorrey is made and executed pursuant to and by aWhadly of the fdouring By-laws and Authorizations of The Ohio Casuah Insurance Company. Liberty Mulual Insurance Company, and West Amadcan Insurance Company which resolutions are new in tun face and effect reading as milbws: ARTICLE IV -OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized far that purpose In wnhrg by the Chairman ci the President and subject to such line tion as the Chaonan or the President may prescribe• shall appoint such atornsys-In-faci, as may be necessary to act in Lrehaff of me Corporation to make, exeame, seal, acknowledge and deliver as surely any and all undertakings, bonds, recegnizances and other surety obligations. Such ahomeys+rvfacl. subject to the limilahans set form ta their respective powers at attorney, shall have full power to btiid the Corperaton by their Signature and execution of any such instruments and to allach thereto the seat of (he Corporation. When so executed, such insWmonis shall be as binding as if segment by the President antl aneeted to by me Secretary. Any power or authority granted to any ropressMaltw or allomey-in-fact under The provisions of this article may be revoked at any lime by the Bnaid, the Chairman. me President or by the cnLwr oT officers granting such power u authority. ARTICLE XIII-Execution of Contracts: Section S. Surety Bonds and Undartakings. - Any officer of the Company authorized for that purpose in writing by the chairman or me president, and subject to such timtLtions as the chairman or the president may prescribe, shell apPdm such 31[0meys-11140CI. as may be necessary to ad in behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, Lands, reccgnizances and other surety obligations. Such altomeysin-fact subject to The gmitallons set rank in their respective powers of allorney, shelf have full power to bud the Company by their signature and execution of any such instmments and to attach thereto the seal of the Company. When So executed such instruments shell be as binding as it Signed by the president and allesled by the Secretary. Certificate of Designation -The President of the Company. acting pursuant to the Bylaws or the Company, aulhorizes Dovid IA Carey. Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act an behalf of the Company to make, execute, seal, acknovledge and deliver as surely any and as undarlaxings, bands, recmgnixartm and other surety obligations. Authorization - By unanimous consent of the CompanyJs Board of D'reclors. the Company consents that facsirle or mechanically reproduced signature or any assistant secretary of the Company, wherever appealing upon a wrI fed copy of any power or attorney issued by me Company In connecron with surety bonds, sham be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Lkwebyn. the undersigned. Assistant Secretary. The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby Certify that the original power of allomey of which the foregong Ise full, ime andccrrec(capy of the Power of Attorney executed by said Companies, is in full force and eRect and ties not Caen revoked (N-TFSTIs1ONY WhnRFOF, ! bow hereunto set my hand arm affixed the seats of said Companies this 10th dayof September . 2024 _ Pv IN36 pV•yY AYSV4 N \NSu tat M1OPvay�n gat ePVPW. Y1 GP ��C B - 1912 � 1919 a 1991 � �,�Gy� �'er� b o hx�raF ai r Min n„ D; Y• Rance C. Liewellyn, Asaslam Secretary k lM3YeT3- Al: D!'M`N!C MA Co 0V21 City of Newport Beach UTILITIES LOCKER ROOM MAINTENANCE Contract No. 9501-1 DESIGNATION OF SUBCONTRACTOR(S) -AFFIDAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. AMERICAN CONSTRUCTION COMPANY, Ben Hamed, A.M.ASCE,AIA,(Amr Hamed) LLC. DBA ACC CEO & PRINCIPAL ENGINEER Bidder Authorized Signature/Title v City of Newport Beach UTILITIES LOCKER ROOM MAINTENANCE Contract No. 9501-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form III Please print or type. Bidder's Name AMERICAN CONSTRUCTION COMPANY, LLC. DBA ACC 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: No. 1 Project Name/Number Shades Structure at Various Sites Installation of fabric structure at various sites, including minor site Project Description work, concrete, and electrical work at some sites. Approximate Construction Dates: From 06/2024 To: 08/2024 Agency Name Anaheim Elementary School District Contact Person Jerome Cygan Telephone ( ) (714) 517-7549 631,836.92 Original Contract Amount $ Final Contract Amount $ 631, 836. 92 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 10 No. 2 Project Name/Number Ponderosa Fencing Project Provide and install perforated metal screening on existing fencing, Project Description ornamental in -fill fence panels, gate hardware. Approximate Construction Dates: From 06/2024 To: 08/2024 Agency Name Anahiem Elementary School District Contact Person Henry Castro Telephone( ) 714-517-7549 Original Contract Amount $313,00(-inalContract Amount $ 363,000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name/Number COUNTY OF RIVERSIDE JOC - MULTIPLE LOCATIONS Project Description Interior Renovations & ADA Upgrades MULTIPLE DATES (2023-2024) Approximate Construction Dates: From To: Agency Name County of Riverside - 4080 Lemon Street in Riverside Contact Person MICHAEL BUCKLY Telephone ( ) 951 .295.1451 Original Contract Amount $ 289, 46 Final Contract Amount $ 289,464.2 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No.4 Single Point Entry Anderson, Harmon, Kendall, and Wilson Project Name/Number Interior Renovation & ADA Upgrades. Project Description ADA & Parking Lot Upgrades. Approximate Construction Dates: From 12/2020 To: 5/2021 Agency Name District Facilities Planning and Development 956 W San Bernardino, CA 92411 Contact Person Brook Duncan Telephone ( ) 949-306-1829 198,256.36 198,256.36 Original Contract Amount $ Final Contract Amount $_ If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 Project Name/Number DPSS Admin County Circle Elevator Upgrade Project Description MODERNIZATION OF TWO EXISTING HYDRAULIC ELEVATORS IN THE BUILDING. Approximate Construction Dates: From 3/2021 To: 2/2022 Agency Name County of Riverside Contact Person Dominick Lombardi Telephone ( ) qS1 _ q,,5 tiF22 327,900.78 327,900.78 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. M%e 12 No.6 Building Demolition & New Parking Lot Construction Project Name/Number 99 E, Ramesy St, Banning, CA 92220 Project Description Building Demolition & New Parking Lot Construction Approximate Construction Dates: From 10/2020 To: 04/11/2021 Agency Name Public Works Department - City of Banning Contact Person Patrick Safari Telephone ( ) 951-922-3168 417,410.20 417,410.20 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Ben Hamed, A.M.ASCE,AIA, (Amr Hamed AMERICAN CONSTRUCTION COMPANY, CEO & PRINCIPAL ENGINEER LLC. DBA ACC Bidder Authorized Signature/Title 13 City of Newport Beach UTILITIES LOCKER ROOM MAINTENANCE Contract No. 9501-1 NON -COLLUSION AFFIDAVIT State of California 1 ) ss. County of f\ OI Q ) M l- Q A Vd , being first duly sworn, deposes and says that he or she is PLM4' -AY ofYN¢ti�iw (�iggu�4yn aAnbl.nt, the party making the foregoing bid; that the bid is n made in the interest of, or on behalf of, any d6disclosed 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 t e foregoing is true and correct. curs�(Jck�o�. QEG1 r1�1 tko, `n Nvr ��A,4 )MQCWLU. (. iy �7 Otiysrnr1 c Biddd Authorized Signa urefri Subscribed and sworn to (or affirmed) before me on this � � day of SQt- -.M �y , 2024 by KMr 1A(,"-\e-c) 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. CA r.AMDENGRAY ALCHANn' TI Notary Public Commission 4 29y3235 f F 0,45-6, NotaryPubl¢CallomiaLSEAL) LOS ANGELES County7My Comm. Expires SEPT 2, 2025 v l L j My Commission Expires: 14 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 i 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 q e On 6 1 � � Z02 Lj before me, CCtNjf\ Date ,� Here Insert Name and Title of the Officer 't�\v'� ` personally appeared ' r Names) of Signer(s) who proved to me on the basis of satisfactory evidence o be the person(s) whose name( i are subscribed to the within instrument and acknowl ed to me that ehe/they executed the same in s her/their si authorized capacity(ies), and that by his/ er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ac ed, executed the Instrument. .';., CAMDEN GRAYALCHANATI Commus w#2313235 F�y� Nolary Public-Calilarma LOS ANGELES Counly My Comm. Expires SEPT 2, 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C)\ WV 1 IVIVNL Signature of Notary Public 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: 02019 National Notary Association of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Newport Beach UTILITIES LOCKER ROOM MAINTENANCE Contract No. 9501-1 DESIGNATION OF SURETIES Bidders name AMERICAN CONSTRUCTION COMPANY, LLC. DBA ACC 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): 1) COMMERCIAL SURETY BOND AGENCY - Direct: (714) 627-4592 1411 N. BATAVIA ST. SUITE 201, ORANGE, CA 92867 2) WESTERN SURETY COMPANY- Farmers Insurance : (818) 842-2211 22805 Saticoy St., West Hills, Ca 91304 3) OLD REPUBLIC SURETY COMPANY : (888) 330.3346 515 W. LANDSCAPE PLACE, SUITE 102 SIOUX FALLS SD 57102 15 City of Newport Beach UTILITIES LOCKER ROOM MAINTENANCE Contract No. 9501-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name AMERICAN CONSTRUCTION COMPANY, LLC. DBA ACC 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 6 0 38 13 11 B N/A Total dollar $1, 981, 96 .7 $255, 599 47 Amount of 9 $15,43 0 N/A $3,770,3 Contracts (in $ 1, 517, 77 Thousands of $ No. of fatalities 0 0 0 0 0 N/A 0 No. of lost 0 0 0 0 0 N/A 0 Workday Cases No. of lost workday cases involving 0 0 0 0 0 N/A 0 permanent transfer to another job or termination of employment 33.26 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 AMERICAN CONSTRUCTION COMPANY, LLC. DBA ACC Business Address: 1130 N KRAEMER BLVD I, ANAHEIM 92806 Business Tel. No.: 714-844-2140 State Contractor's License No. and 1073807 Classification: B, C20 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 AMERICAN CONSTRUCTION COMPANY, LLC. ]A ACC Date n9/11 /2n2n Title Ben HamP(1, A M_ A9r7F. ATA,`(Amr Hamr d) CFn F PRTNCIPAL Signature Of ENGINEER bidder Date Title Signature of bidder Date 09/11/2029 Title MAC nv RF7K MANA(;TNr PARTNFR 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 ATTACHEDI 17 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of p On 1'�) IZr�Zy before me, CQM�QI� lNGly 1 l(,k6,\c Date �^ Here Inset Name a�}d Title of the Officer personally appeared ! V V`� Y1gM(-1 Names) of Signer(s) who proved to me on the basis of satisfactory evident the be the person(s) whose name s/ re subscribed to the within instrument and acknowl ed to me thatPh she/they executed same i hi er/their authorized capacity(ies), and that by is er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ac ed, executed the instrument. I certify under PENALTY OF PERJURY under the CAMDENGRAY ALCwwATI Commission # 2373235 Notary Public - Calilomia LOS ANGELES County My Comm. Expires SEPT 2, 2025 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signature of Notary Public 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: U2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: City of Newport Beach UTILITIES LOCKER ROOM MAINTENANCE Contract No. 9501-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name AMERICAN CONSTRUCTION COMPANY, LLC. DBA ACC The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature NONE PER PLANETBID 18 City of Newport Beach UTILITIES LOCKER ROOM MAINTENANCE Contract No. 9501-1 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: AMERICAN CONSTRUCTION COMPANY, Name of individual Contractor, Company or Corporation: LLC . DBA ACC Business Address: 1130 N KRAEMER BLVD # i , ANAHEIM, CA 92806 Telephone and Fax Number: (714) 844-2140 California State Contractor's License No. and Class: 1073801 , B, C20 (REQUIRED AT TIME OF AWARD) Original Date Issued:03/05/2021 Expiration Date: 03/31/2025 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: NONE - PREBID MEETING WAS NOT MANDATORY' 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 BEN NAMED, CEO & PRINCIPAL 7Cg N Ethan Gray 951-903-2284 AKA AMR HAMED Engineer Anaheim Magdy Rezk Managing 4258 E SONRISA PRIVADO _ Partner 90 ONTARIO, CA 91761 Corporation organized under the laws of the State of CALIFORNIA 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. NO Have you ever failed to complete a project? If so, explain For any projects you have been involved with in the last 5 ye s, did you have any claims or actions by any outside agency or individual for labor m liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Ye / No NO all Are any claims or actions unresolved or outstanding? Yes 6o� 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. Sek�� P (Print name of Owner or President of Corpo bn/Company) Authorized Signature/Title l �m a -\A Title C4111) 26 2,Z�11 Date be ore me, _CG,_' (�n y �I , Notary Public, personally appeared - Mr c hC' who proved to me on the basis of satisfactory evidence to b the persons) whose name(s) i`are subscribed to the within instrument and acti�s%er�ltheedir leto me that e.,she/they executed the same in (pis/ er/their authorized capacity(ies), and that bysignature(s on the instrument the person(s), r-t e entity upon behalf of which the person(s) acxecuted 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. ;..:'•.•• CAMDEN GRAYALCHANATI Commission C,, �� k 2373235 F e ` Notary EL T _ NG S County (SEAL) C? LDS ANGELES Courtly Notary Public in and for said State My Gomm E%plres SEPT2,2025 G1 12 f Zo L� My Commission Expires: 21 City of Newport Beach UTILITIES LOCKER ROOM MAINTENANCE Contract No. 9501-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance 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. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned 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. Coverages shall be provided as specked in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 City of Newport Beach UTILITIES LOCKER ROOM MAINTENANCE Contract No. 9501-1 SAMPLE CITY CONTRACT 23 City of Newport Beach UTILITIES LOCKER ROOM MAINTENANCE Contract No. 9501-1 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. 9501-1 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: 09/11/2024 Date 714-844-2140 Bidder's Telephone and Fax Numbers 107380, B,C20 Bidder's License No(s). and Classifications) 1000801097 DIR Registration Number AMERICAN CONSTRUCTION COMPANY, LLC. DBA ACC B Ben Hamed, A.M.ASCE,AIA,(Amr Hamed) Bidder's Authorized Signature and Title 1130 N KRAEMER BLVD #t i , ANAHEIM, CA s Address Bidder's email address: office@accandengineering.com PR-1 1 — ACC & ENGNEERNG — Design I Engineering I Construction 951-903-2284 www.accandengineering.com 714-844-2140 ® Bencaaccandengineering.com 1130 N Kraemer Blvd #I, Anaheim, CA 92806 IJDIR I PW-LR-10008010970 BPELSG 139074 G CSLB 1 1073807 www.accandengineering.com ACC & Engineering Overview/Resume: List of Subjects: 3="l �T•111I4VET-1T '. There's a beauty in excellence, and that's what we strive for every time we work with you. • The meaning of our Logo slogan "Design, Engineering, Construction" • Public works Construction Experience & DSA Projects • Partnering With ACC for Your Public Works Projects • ACC & Engineering Founders History & Experiences • Clients Testimonials • Completed Projects & References List • Pre -qualification Statement & Insurance documents • State of California Professional Licenses & membership Who We Are ACC & Engineering is a full -service DEC company (Design, Engineering, and Construction) company providing innovative services to government and private sector clients in various construction related industries. From the beginning, customers have trusted ACC & Engineering to complete their capital projects effectively, ethically, professionally, and safely — a trust that has been continuously reinforced by the successful completion of every project we've taken on since our inception. Our commitment to customer satisfaction is just one of many reasons why we're one of the most sought-after companies for construction -related services in the industry today! The meaning of our Logo slogan "Design, Engineering, Construction" ACC & Engineering is a unique and exceptional General contractor that provides construction work, building projects and remodeling projects to its clients. Our company's officers and founders are all licensed engineers, who practice engineering design in California. This combination of engineering education and experience, combined with years of construction work, has made us experts in our field. We have the ability to solve problems quickly and efficiently due to our expertise in engineering and construction projects. This makes us an ideal choice for any project. Our customers can be confident that they are getting top-notch quality due to the knowledge and experience of our team members. We pride ourselves on being able to provide the best results for a job well done. Our past projects serve as a testament to the quality of work we produce. Our references from previous clients can attest to this as well. We look forward to showing our customers why we Q Member PROUD MEMBER OF AIA14O742319 � CONTRACTORS �/��Q+/��CAMERICANSOCIETY' pmericanWaltlingSBciery NCEES ��... STATC LICENSE BOARD a�SCE OF CIVIL ENGINEERS AMLIMCOMPAYYMEMBFB 1 A1` — ACC & ENG/IF=EaNG — Design I Engineering I Construction 951 903 2284 www.accandengineering.com 714-844-2140 - Benocaccandengineering.com 1130 N Kraemer Blvd #I, Anaheim, CA 92806 Q DIR I PW-LR-1000801097 O BPELSG 139074 C CSLB 1 1073807 www.accandengineering.com There's a beauty in excellence, and that's what we strive for every time we work with you. are the best choice for their project needs, whether it's a big or small job. ACC & Engineering is here to provide you with quality service that adds value every step of the way. With our experienced team of Architects, designers and Engineers, ACC & Engineering provides a variety of services — all with an attention to detail that ensures each project meets or exceeds expectations while adhering to all relevant regulations and standards. We specialize in structural engineering design & construction; mechanical engineering design & construction; as well as electrical (MEP). In out design department we create construction documents such as project's plans & calculations which are prepared within budget timelines without compromising safety or quality assurance procedures along the way! We know how to build it and probably build it with our hands before so we design a realistic work with realistic timelines & budgeted estimate, Additionally, all documents created are stamped by California licensed engineers who are knowledgeable with state permitting requirements that ensure projects can be efficiently processed through any jurisdiction's approval process. Every document submitted is carefully reviewed by our certified professionals who understand local regulations enough to provide accurate guidance regarding issues such as permits applications or special requests from local jurisdictions — making sure your project progresses smoothly through its entire development cycle from start to finish! Why Partnering With ACC is the Best Decision for Your Public Works Projects Partnering with ACC on your public works projects offers many benefits. First and foremost, you can trust that our team will deliver high -quality results that meet your expectations. We understand the importance of staying within budget and meeting deadlines, and we're committed to achieving those goals. Additionally, we have strong relationships with our subcontractors and suppliers, which allows us to obtain the best prices and ensure timely delivery of materials. Public works Experience & DSA Projects ACC Leaders have participated in more than 100 public projects, including 25 DSA projects. A list of Projects with references is included in this file. Our public works experience includes new construction, remodels, and seismic upgrades. One of the most notable projects we participated in design, engineering & construction of the mechanical portion was " City of Moreno Valley Civic center Amphitheater & Park", which 1011,41 Member PROUD MEMBER OF AWS CONTRACTORS Q cAMERICANSOCIETY' Aluill,WaldingSociety W NCEES AIA 140742319 . STATE LICENSE BOARD ASCE OF CIVIL ENGINEERS 1� dFFILIAI[ COIPdNY MEUBEP /� 6 ti Lr"� 1+951-903 2284 v; www.accandengineering.com 4A*714-844-2140 - BenCa)accandengineering.com There's a beauty in excellence, and ._` (�1130 IN Kraemer Blvd #I, Anaheim, CA 92806 that's what we strive for every time - ACC & ENGNEERNG QDIR I PW-LR-1000801097 C BPELSG 139074 0 CSLB 1 1073807 we work with you. Design I Engineering I Construction www.accandengineering.com included the largest Exterior Amphitheatre in the city. We're also proud of our work on the Davidson Elementary school admin Building in san Bernardino, Our team has the knowledge and experience to handle any project, no matter how complex. In -Depth Look at the Challenges Solved by the Company From navigating complex regulations to managing multiple stakeholders, public works projects present unique challenges. At ACC, we have the experience and expertise to handle these challenges. We provide proactive communication and problem -solving to ensure that projects stay on track. Our team also has extensive knowledge of DSA requirements and other regulations, which allows us to navigate them efficiently. Conclusion: In conclusion, partnering with ACC on your public works project is the best decision you can make. Our team has the experience, expertise, and commitment to deliver high -quality results that meet your expectations. We offer a full range of services, from pre -construction planning to construction management. Moreover, our vast experience in tackling challenges in the public works projects sets us apart from competitors. We look forward to providing you with the exceptional service and quality that ACC is known for. ACC & Engineering Founders History: ACC and Engineering is a California -based company However the founders of the company have been involved in some of the largest and most prestigious construction projects all over the world. Some notable examples include the Al Gate Towers project in Abu Dhabi, which is one of the largest and most eye-catching developments in the city. ACC Achievements are not just limited to the founder's achievements, we also have a proven track record of success as a General Contractor Performing in California in several Construction Projects within our community. For example, we designed and built Mr. Fries Man Commercial Food Restaurants in multiple cities, such as Mr. Fries Man City Ontario in 2021, Mr. Fries Man City of Moreno Valley in 2022 and Mr. Fries Man City of Simi Valley in 2022—all challenging undertakings that saw us move through the design phase to obtaining building & health permits, before completing the construction & start up process. Our work included architectural, mechanical, plumbing, and electrical design & construction for each restaurant we created. We are proud of our accomplishments and excited to continue developing more projects that push boundaries and help create amazing structures that improve the lives of people everywhere! L""I Pictures of the Land mark Project "Gate Tower" in Abu Dhabi it Member PROUD MEMBER OF AH(S AIA 140742319 O uR N �T� RSp /� ��++//��C AMERICAN SOCIETY' American WeldingSuil" 1'��q N C E E S 1SCE OF CIVIL ENGINEERS ueuarz uvav m[xeee 1� A pail 1 ACV — ACC & ENGNEERNG — Design I Engineering I Construction ; 5 951-903-2284 ' www.accandengineering.com There's a beauty in excellence, and 714-844-2140 Bennaaccandengineering.com 1130 N Kraemer Blvd #I, Anaheim, CA 92806 that's what we strive for every time 0CIR I PW-LR-10008010970 BPELSG 139074 C CSLB 1 1073807 we work with you. www.accandengineering.com EDISON COMMUNITY CENTER Pictures from the Grand Opening of Edison Community Center Project in Huntington Beach with the stake holders & Mayor Kim -Karr. Pictures from some of the Completed restaurant chains designed & built by ACC & Engineering. ',J RESTAURANT )BRANCH T # 03.05.1118 # B202101530 :YARD AVE. SUITE B 44 1 — ACC & ENGNEERNG — Design I Engineering I Construction %951-903-2284 www.accandengineering.com *714-844-2140 ® BenCa�accandengineering.com There's a beauty in excellence, and (o)1130 N Kraemer Blvd #I, Anaheim, CA 92806 that's what we strive for every time I(DDIR I PW-LR-10008010970 BPELSG 139074 C CSLB 1 1073807 we work with you. www.accandengineering.com "Inspired By the Attention to the Finest Details of Architectural Engineering" "Leadership that impower creativity and confidence " "Team with wide ranging skills, in the construction industry" PROUD MEMBER OF *AWS Member CONTRACTORS /��'�L'AMEflICANSOCIETY AmedcanWeldin¢Soclety NCEES AIA140742319 .r STATEucErdsEuoARo M GOFCIVILENGINEERS afilllfT[COn PaXY MFIdnfR 1 — ACC & EN(NG — Design I Engineering I Construction Ci951-903-2284 @ www.accandengine ri g.coln '� 714-844-2140 .� There's a beauty in excellence, and Benca accandengineering.com (°)1130 N Kraemer Blvd #I, Anaheim, CA 92806 that's what we strive for every time QDIRIPW-LR-10008010970BPELSG139074OCSLB11073807 we work with you. www.accandengineering.com Completed Projects & References List Pdme/Offlcer [enpletM C—PIetedbyBen H—W.Offlar W ACC&En9—dngin the Wd5Yearswhe—Mdfl—ors named WaJMManagaraf the General Comrat ,public documents from be Oert of me NNect to the Rnal crmpletlm Calumnl Officer RAmenaeN—W fanamctbn Type PMIM Name N.J.-I-.d- Owner - Stake h.W— G-m Rep —five/ Email addrea Phonenumber Amount NIMaHon /Prime/Role Reference $7.I77ABDBg Btn tamed/HCC/Gemral Worsts Abk /DIR N—MkA Sd.W Upgrade Rged Norwalk La Mirada Mfied Schad Dis M128m Pioneer Newlk-la Mirada Wfkd )amen. Altda I-.. Olga: 56241F8-9014 51,1nAetlm Caetacarr BIM, Newalk G90650 Sct wDislrid Facbws Cmdmmr $91S,Mg90 Ben Named/HCC/General Public Wart¢/DIR Edlsm[enormity Cemer 11P-111U 2137/Magmlla9 [irypt Hurdngtm Beach D.-y Kaye d°rv,@R—mUJq.c 3103510139 $915,81&00 Cmiracta HunU,— Beach, CA 92fi16 OHke(909)38&62W SB07,1I0.W Ben tamed/KC/General PWI[Nbb/MR DaNd—ES-91rde Pda Entry 2B44 N David=Ave. San Benvrdm City LAKRed RaYRakigaxt ray.rodrlgm@sbcusdkl art 7Mi18 $807.]IB.BB Caltrxla San Bemardm,G 92e% SCAod Ns 2sa.us Cell•(213) 604.1463 Ben Homed/HCC/General DaWdsm ES-9ngle Point Envy 1 clads in an bermrdm Wllsm ESa[ UN Bello Sa neernartlino Ciry Unilied Brenta Donran 90938B.fif00 eat 2]9 $744,20.52 $]MaW52 Cmvxda Public Works/DIfl ea: St San ..eft CA 92404 srhod District Comptm Public Wab Sr. Protect Manager Jdn 9rktlaM, N*. _ C.H. wmac-IB29 $613A11N gen Named/HCC/wleral PWEK rreb/MRIOC COMRON ITIM(4) ME SPAWNS APRONS M5A Mae, Craepim,G JseidlaM@mmpteKMy. 316761-1422 $6QA7Ap Cnaracmr iMPROVEMEM NIOIEC7 90120 Deparurlern Marogemenl -9 $63gyri53 Ben Homed/ HCC/General Public works/DIR IOC Headeuarhrs Perimeter Secelry 14656HOR Omme Cmn1y SherlMi wne Sedtlm )1444&1211 $fi3&9)1.52 Cemacta 02.00 Demr 1 $B%,g11.13 Ben Hamad/HCC1GvMvtl Nblk taarks/MR Om166NdBWM BamiK DAI[M6191 Etlerla lmpraemeas IM )/Ala—ndro R gaming, RlI"C-*Msakt MarKa Umm %1-11S14fi2 ffIN,BL+La CaVabpr CA922" Avaney-MM CMagy Oflfce eemon nc�o.or MMOreal SE Playa del $4]5930.69 KC/Comlviry/GesKaalCmtracte Cwnmerrlal Horsing weUuctim /C 10 Buildrys Full Houdng Renmaatim/ Rim ey, CA 90293/WU Boeing MM lore—t G—P Sam AANa =-- - +1(310)303A339 5475910.W Private flestaatlm N la es CA 9C015 Fa SAW Aaabte S117A1A70 gen Homed/HCC/Gemral Canracta PaNic WOAs/D1R 6WI&M Demdgion &N- hrumtotc.—dn %F. Ra—yrA B.-i G92M Pltlk Wab Department C &ty ,v iq Er{I—v Public Works DeMmnmtCRY IHalaH@baNBrtnia %1A22-31fiB $417A1&IS of sm-im Ben Homed/HCC/Ge .1 9.0.—.EDA Los Angel. Cmdy.,vtau. R-4 Garcia N.J- Sfi2-9M,12gg eat 6804 $39/99].10 Contractor publicweb/01R lOC COMP70N HEM OQICE COMPfON, G90221 Dimict Eargirverl Wastewater Cdlectlm Ic 714-7214:120 $39099710 $31n9B&7g Ben Hamad/NCC/Gerwral PWBcwab/MRIOC DPSS Admin [aalY CVde Qrnmr Uprade 40W Caney Cir Or, DepaMsataf PbOc Sabi OanMad LpmWrd Dlanbard@demo{ i1179Be.7B Canaclar Rhersitlq G91503 SerNw % 9554 W $]SG,69392 gen Hamad/NCC/Gercral Public works/DIR IOC DM Kidd Street Elevate Upgrade E.91 Kidd St Riv rddv. CA De -- - Pudic Sala) DamiNd lombartll DLanbard@rivco.mg $]56993.92 CPn .— 9]cna SerWces 953 95SfifiI2 KC/Canlp al[mtrasSas Oa4riq G917p a "323169IJOD9&sl 573a,Bossg IN,E &Eraheers DadRrl-&Nil Mr Nks Man New &arches 9aa Wide Mye. glfl8, 1480GaMem, AAB&BraN/FalbrNisa AYN Darb&BraMy DaNs aWi.ha—it. aism@ (714)461-IB06 $1�883-SR A wMaa,u9m49 {morn<an $19Ba5636 Bm Homed/NCC/Gereral [ommerclal/DeslgmBuild BWldiM 42- BRIC Rempdel Storage room lmo CelHada State Fadlides Narcdng& MMnN GARCIA maNingercla@cm.edu 909.g69.30531-7a $198]5696 [ardfa[te aorta space Pdyhchnic UMv Nty Mamgemem-Roje,:a Services P_1 Bo986930971 $Irm gen Hamad/HCC/Genial hi t—k,/MR IOC EPS&Kidd SL—t Parking La Sevaity, 4060CM."Cb M, Depreraaf NbBCSocNI OarlWAtmb" OL.aebard@d—g $19e)I5A CMader M--ke, G915% Services est)es 6622 $179a0936 Ben P4—d/HCC/General Public woks/DIR IOC ED Riverside CeNm 4lh Flow Tl M5014th St R6malde, CA 4d,11—It man Resources lohn Allred Jdhed@nc—g 951-315-4462 $1M,IM.36 Comrattar 92501 svea.m.se KC/Carrlp9rry/Geslaal C-- Crmme lFmd Fadgdm/ GOLDEN ROSE Terum lmewemems 711SB Blvd&ere Park Ralnai Caon ptlm FMRIYamub YYBaWvaly 41(714)931,39W $14k3O998 f srsatfanNMte G9062M S98.540.00 KC/[omWiry/Genenl[mvatta Commercial)/C—m .Prlvah GleM.BodyAm GardenaGZ47 W— Attila&Ashraf Heba AbWazm 316657.1J477 S9&540m $97A4.91 Ben Named/NCC/GeamA RbRCaaks/Om IOC CAC RN 4gl Nraa-EO Reaptlon RamMd 40B0lem�n SU RMrsideU C-0a NserWeTleaarer Blaraa Umm BMmra@rhaaeg %1.]%-1Be2 �tlB69i Comacicr 92501 ORke $7800000 gen Homed/HCC/Gemral pedgn -BWId Mr Files Man New Bra chesState Wide 2650TaWCanaaRd, 9mi Mr Fries Man Frail [pain lA[gUEIINE BIAYIOCK maJaans@ad.mm «1I8181427d274 $78,000.00 Unvatta Valley, CA 939fi3n $49 o Bee Named/HCC/General P.Mk—b/DIRIOC Riverside FiR Five Addid" Ofgca S8$Ta1aldgyCt.R1vsrside, CNId—&Familb Mane Umvs 951.203-I1142 $41J311,411 CaaxOe G92507 548974.63 BenHamed/HCC/Gems) Publi—w /DIR10C RUHSM -,!—Eat— V B520 Caftan Avenue Menem Riverside UNversiry HealM Tina Yak T0.YwY@rivca.ag 951.2M-7989 $Y974.63 Camraclor yalley,G92 3. System Medical Center S36,f/D37 Ben tamed/HCC/Da—al ^ /OIR IOC Btytle bg MedolaM Behawaal HeaMSaaY 26UNWMSk8P,1 ,CA BlhklaillRiservde Cosily Ama pMryuez AMobiguM@nvcvag 176OI B6R-2537 $3g.S10.57 Caavacta Eapamim -Fl IN CI 92225 S ff.G 10.10.09]0-Cmnry Counsel Palm Cmfererce 3B5 North ArrmNseatl County Of San Bernard— - N/A KC/C—Mny/Oeslgn Ergs 11M PlLlicwoh IARJO[ Rmm Avenue, ThlNRoa N.J..&laded. Mary een rbneN EIW 1. garb - o...u.m, Phore:909-6))-79% Ben tamed/HCC/General 5500 UW--R1 F.6— Plara6ng. Dedgn& faepyNammen@cvu S31BAguo CaralMa 116Rc Wnrb/MR &dldrig 19SEES RenlMd Parkway. San Caetruttlm [aINaNa Shb GreBay Hammers Gedu 901%6GM4 SI1M6&10 Bermrdm G9240] lfdversiry, San Bemardm PROUD MEMBER OF AWS 1 Member taeaa art+r 9a Ka+fy+1 CONTRACTORS AMERICAN SOCIETY' AmedranWeldingSociety � N C E ES � AIA 140742319 A STATE LICENSE BOARD OF CIVIL ENGINEERS DFlL&iE COMPANY YERBFA � ;.111 , 'A0951-9032284 www.accandengineering.com There's a beauty in excellence, and ��r (J714-84a-2140 Benra7accandengineering.com (91130 N Kraemer Blvd #I, Anaheim, CA 92806 that's what we strive for every time ACC & ENGNEERNG - ODIR I PW-LR-10008010970> BPELSG 139074 CC CSLB 1 1073807 we work with you. Design I Engineering I Construction www.accandengineering.com Clients Testimonials Check out what Customers Say about us on Yelp! https://www.yelp.com/biz/acc-and-engineering- anaheim?uid=psPPZ4L9zNogM2FLTidV1w&utm campaign=www business share popup&utm medium=copy link&utm source=(direct) Client's Testimonials "Probably one of the most reliable companies I have Read full review > ® S--tha B.-$/13/2023 ACC & Engineering ® 5.0 ***** 9 Reviews Auk "Acc is amazing"! I loved working with Ben and his t... Read full review > ® Pamela N. - 5i 23/2C22 Check out what Customers Say about us on Google! https://goo.gi/maps/wPgAsDUQSwvSBLpM6 Client's Testimonials ***** "When you find a firm with incredible customer servic_" - nead full review > O avn sk--':',. 2C13 ACC & Engineering 5.0 ***** 47 Reviews 0 ***** "thank You, ACC& Engineering For the amazi [lead fol review > a sham-12!,1, -.22 Member PROUD MEMBER OF f-" CONTRACTORS AIA140742319 1 �.�.,. TATC LICENSE BOARD is "I have dealt with many contractors in the past TK Read full review > ® George N. - 7i30/2022 ***** "Hired them to design a studio for my business!! Be.." Read full review > r Naawya steaor 9:2_'i2022 cc/�CC AMERICAN SOCIETY"American AWS Ia N C E E S AJCG OF CIVIL ENGINEERS A tffl COMPIn¢Sadety IfFIlL1i[fANitNV kENBEn 1 JArll j�- - ACC & ENGIEERMIG — Design I Engineering I Construction 951-903-2284 www.accandengineering.com There's a beauty in excellence, and 714-844-2140 BenCamccandengineering.com 1130 N Kraemer Blvd ##I, Anaheim, CA 92806 that's what we strive for every time QDIR I PW-LR-1000801097 J BPELSG 139074 (D CSLB 1 1073807 we work with you. www.accandengineering.com OContractor's License Detail for License # 1073807 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. ► CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. ► Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17). ................................. ► Arbitrations are not listed unless the contractor fails to comply with the terms. ► Due to workload, there may be relevant information that has not yet been entered into the board's license database. Business Information AMERICAN CONSTRUCTION COMPANY LLC dba ACC 768 N ETHAN WAY ANAH E I M, CA 92805 Business Phone Number:(951) 903-2284 Entity Ltd Liability Issue Date 03/05/2021 Expire Date 03/31/2025 This license is current and active. All information below should be reviewed. Classifications ► B-GENER.ALBUILDING ► C20 - WARM -AIR HEATING,_VENTILATING AN_D AI_R..CONDITI.ONING Member PROUD MEMBER OF `J CONTRACTORS AIA 140742319 M STATE ucu:SL oonao AMERICAN SOCIETY' American Weldingf N C E E SEOF CIVIL ENGINEERS uu¢muPAV MIMUa .a 1 — ACC & ENGINEERING — Design I Engineering I Construction Contractor Information 951-903-2284 !: www.accandengineering.corn &'714-844-2140 0 BenCoaccandengineering.com There's a beauty in excellence, and ,'1130 N Kraemer Blvd #I, Anaheim, CA 92806 that's what we strive for every time CCIIR I PW-LR-1000801097C BPELSG139074C> CSLB 11073807 we work with you. www.accandengineering.com Legal Entity Name American Construction Company LLC Legal Entity Type LLC Status Active Registration Number PW-LR-1000801097 Registration effective date 07/16/21 Registration expiration date 06/30/23 Mailing Address 768 N Ethan Way Anaheim 92805 CA United States of America Physical Address 768 N Ethan Way Anaheim 92805 CA United States of America Email Address engbenharned@gmaii.com Trade Name/DBA ACC & ENGINEERING License Number (s) CSL6:10738O7 Other: M39O74 PROUD MEMBER OF "AWS Member CONTRACTORS EORD AMERICAN SOCIETY' AmencanWelding Society M N C E E S AIA 140742319 ASCCOF CIVIL ENGINEERS MWATEC&PATIWEV n i, � "•tom Li951-903-2284 @ www.accandeng' ri g.comoYt There's a beauty in excellence, and �� (e714-844-2140 0 Ben0accandengineering.com Q1130 N Kraemer Blvd #I, Anaheim, CA 92806 that's what we strive for every time ACC 8a ENGNEERNG - QDIR I Pw-LR-10008010970 BPELSG 139074QCSLB 11073807 we work with you. Design I Engineering I Construction www.accandengineering.com THE AMERICAN INSTITUTE OF ARCHITECTS DECLARES THAT IS ADMITTED TO ASSOCIATE MEMBERSHIP HAVING BEEN FOUND ELIGIBLE BY AUTHORITY OF THE BOARD OF DIRECTORS AND IS ENTITLED TO EXERCISE AND ENJOY ALL THE RIGHTS AND PRIVILEGES OF THIS CATEGORY OF MEMBERSHIP AS PRESCRIBED IN THE BYLAWS. MEMBER SINCE AUGUST 7, 2022 P mENr SECRETARY PROUD MEMBER OF AWS Member Q � CONTRACTORS AQ/"CAMERICANSOCIETY" pmaricaNWeldio¢Saclaty NCEES AIA140742319 STATE LICENSEEIOM::, OF CIVIL ENGINEERS AFFIIIAIE CONPLYf NfN6Ea 1 a rMik, — ACC & ENGNEERNG Design I Engineering I Construction 4; Li951-903-2284 ^ www.accandengineering.com ,3 714-844-2140 There's a beauty in excellence, and Ben(a�accandengineering.com 1130 N Kraemer Blvd #I, Anaheim, CA 92806 that's what we strive for every time (DOIR I PVV-LR-1000801097QBPELSG I390740CSLB 1 1073807 we work with you. www.accandengineering.com fSE! STRUCTURAL ENGINEERING INSTITUTEof the Americon Society of Civil Engineers ASCE This is to certify that Ben (AMR) Hamed, A.M.ASCE is a Member of the Structural Engineering Institute of ASCE 04/15/2023 - 12/31 /2023 Member # 12382504 and is hereby entitled to all the privileges granted by the Bylaws of the Institute, dedicated to the advancement of the profession by enhancing and sharing knowledge, supporting research, and improving business and professional practices. F1>0"4i& R. Scott- Lawt-a E. Donald R. Scott, P.E., S.E., F.SEI, F.ASCE Laura E. Champion, P.E., F.SEI, F.ASCE SEI President Retired Managing Director, SEI and Global Partner Member PROUD MEMBER OF JJAIA140742319 -J CONTRACTORS ,. STATE LICENSE BOARD ASCEAMERICAN SOCIETY OF CIVIL ENGINEERS AWS American Welding Society UWAR MMPAM MEMBER NCEES en 1 r, — ACC & ENG — Design I Engineering I Construction 4 t, `%i951-903-2284 www.accandengi a d g.com ®714-844-2140 � Benc�accandengineering.com There's a beauty in excellence, and �1130 N Kraemer Blvd #I, Anaheim, CA 92806 that's what we strive for every time QDIR I PW-LR-1000801097Q BPELSG 139074 Q CSLB 11073807 we work with you. www.accandengineering.com C�ertiftrate of'ffirratrers4iij AWS American Welding Society BY aurhoriri, of the Board of Directors American Construction Company GLC DOA ACC is hereby designated Affifiate Corporate �44emder November 8, 2021 of the American Welding Society, founded in 1919 to advance the science, technology and application of welding and allied joining mid cuttingprocemes worh-hs"ide, including brazing, soldering, and thermal sproying. iW 1932� AWS PRESIDENT EXECUTIVE DIRECTOR Member PROUD MEMBER OF �� CONTRACTORS AIA140742319 STATeuCENsE130V , EAMERICAN SOCIETY' OF CIVIL ENGINEERS AWS American Welding Society MIATE CBMPAP RUB. to N"CEES CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS UTILITIES LOCKER ROOM MAINTENANCE CONTRACT NO. 9501-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General 2 2 2 2 2 2 2 2 3 3 3 3 3 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services 7-2 LABOR 7-2.2 Prevailing Wages 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 7-10 SAFETY 7-10.4 Safety 6 6 6 6 6 6 6 6 7 7 7 7 7-10.4.1 Work Site Safety SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK 9-3 PAYMENT 9-3.1 General 9-3.2 Partial and Final Payment. PART 2 - CONSTRUCTION MATERIALS SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 300-1.3.1 General E? 8 8 8 8 9 C 9 9 9 9 0 9 9 9 10 OQ�pF E S S10,V CITY OF NEWPORT BEACH �c,�\�pNDRO pf.Tl�y PUBLIC WORKS DEPARTMENT C 86458 = SPECIAL PROVISIONS' �&,,,_ s UTILITIES LOCKER ROOM MAINTENANCE �q�FQVIL pp CALIFp'_\p CONTRACT NO. 9501-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) the Architect's Technical Specifications attached hereto (PBK's Project Manual dated July 2024); (2) these Special Provisions; (3) the Plans (Drawing No. B-5323-S); (4) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (5) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www bnibooks. com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 00-1 JOBWALK The City will conduct a pre -bid site meeting on the date and at the time specified in the Invitation to Bid. Bidder attendance at this meeting is OPTIONAL. On August 29, 2024, at 2:30 p.m. bidders shall meet at the City of Newport Beach Utility Yard (949 West 16th Street, Newport Beach, CA 92663). The purpose of the Pre -bid Site Meeting is to acquaint prospective bidders with the site, local physical features, site logistics, obstructions, water and power sources, and security conditions/issues. The conditions and requirements of these Specifications will govern over any information presented at the Pre -bid Site Meeting. Addenda will be prepared and issued, as necessary, to effect any changes to these specifications. All Page SP 1 of 10 questions and inquires shall be delivered in writing to the Project Manager no later than September 3, 2024 at 2:00 p.m. 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class "B" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-3 Subcontracts 2-3.2 Self -Performance Delete this section. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE Add to this section: "The work necessary for the completion of this contract consists of removing all finishes, wall/floor/ceiling surface elements, cabinetry, doors, fixtures and associated/miscellaneous items along with the reorganization of non -load bearing internal walls and re -instillation of similar components in the City of Newport Beach Utilities Department Locker Room (949 West 16th Street, Newport Beach, CA 92663) per the Contract Documents. The scope of this project also includes flooring improvements to the adjacent lobby and fixture replacements and surface treatments for the utility/mop closet." 3-3 EXTRA WORK 3-3.2 Payment SECTION 3 - CHANGES IN WORK Page SP 2 of 10 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 10 2) Materials ....................................... 10 3) Equipment Rental ........................... 10 4) Other Items and Expenditures ........... 10 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. Page SP 3 of 10 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. Contractor shall be prepared to initiate construction within two weeks of receipt of a fully executed contract and accompanying Notice to Proceed. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Normal working hours are limited to 7:00 a.m. to 4:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Page SP 4 of 10 Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be at the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. Page SP 5 of 10 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $750. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Page SP 6 of 10 Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. Additional work site maintenance considerations: Appropriate caution/site preparation must be implemented to ensure existing floors, walls, doorways, etc. are not damaged. Any collateral damage in or around the work area resulting from work shall be ameliorated at the Contractor's expense. The construction ingress/egress path is illustrated in APPENDIX A. Clean construction ingress/egress path daily and ensure pedestrian/vehicular access is maintained at all times. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval Page SP 7 of 10 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, submittals, insurance and financing; preparing and implementing the BMP Plan; providing photographic record or building and surroundings documenting preconstruction conditions; preparing and updating construction schedules as requested by the Engineer; attending construction progress meetings as needed and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup and providing any required documentation as noted in the Contract Documents . Item No. 2 Locker Room Maintenance: Work under this item shall include furnishing all equipment, materials, supplies and labor for demolishing and rebuilding all locker room elements and associated work per the Contract Documents. Page SP8of10 Item No. 3 Locker Room Furnishings (Allowance): Contractor shall furnish all equipment, materials, supplies and labor for furnishing the locker room as directed by the Engineer not to exceed $10,000. None of the items outlined in the Contract Documents are considered furnishing. This is a discretionary allowance for items beyond those described within the Contract Documents. Item No. 4 Provide As -Built Drawings and Close-out Documents: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings, close-out documents and warranties. All warranties shall name the City as owner and recipient of warranties. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,500.00 is established for this bid item. The intent of this pre- set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. Page SP 9 of 10 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3-feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. Page SP 10 of 10 City of Newport Beach Utilities Locker Room Maintenance (9501-1), bidding on 09/1112024 2.00 PM (PDT) Page I of 4 Printed 09/11/2024 Bid Results Bidder Details Vendor Name American Construction Company, LLC. DBA ACC Address 1130 N Kraemer Blvd # i Anaheim, California 92806 United States Respondee Ben Harried Respondee Title CEO & Principal Phone 714-844-2140 Email office@accandengineering.com Vendor Type CADIR License # 1073807 CADIR 1000801097 Bid Detail Bid Format Electronic Submitted 09/11/2024 1:55 PM (PDT) Delivery Method Bid Responsive Bid Status submitted Confirmation # 394152 Respondee Comment Buyer Comment Attachments File Title NEWPORT BID SIGNED .pdf NEWPORT BID BOND.pdf NEWPORT BID BOND.pdf File Name NEWPORT BID SIGNED .pdf NEWPORT BID BOND.pdf NEWPORT BID BOND.pdf File Type General Attachment Bid Bond Bid Bond PlanetBids City of Newport Beach Utilities Locker Room Maintenance (9501-1). bidding on 09/1112024 2:00 PM (PDT) Page 2 of 4 Printed 09/11/2024 Subcontractors Showing 1 Subcontractor Name & Address Desc All American Building Services Electrical Per PO BOX 802586 Plans Santa Clarita, California 91380 License Num 921499 CADIR Amount Type 1000790148 $12,000.00 PlanetBids City of Newport Beach Page 3 of 4 Utilities Locker Room Maintenance (9501-1), bidding on 09/11/2024 2:00 PM (PDT) Printed 09/11/2024 Line Items Discount Terms No Discount Item 1f Item Code Type Item Description UOM QTY Unit Price Line Totat Response Comment Section 1 $232,500.00 1 Mobilization LS 1 $15,000.00 $15,000.00 Yes 2 Locker Room Maintenance LS 1 $57,000.00 $57,000.00 Yes 3 Locker Room Furnishings LS 1 $158,000.00 $158,000.00 Yes 4 Provide As -Bunt Plans (Fixed LS 1 $2,500.00 $2,500.00 Yes PlanetBids City of Newport Beach Utilities Locker Room Maintenance (9501-1), bidding on 09/11/2024 2:00 PM (PDT) Page 4 of 4 Printed 09111/2024 Line Item Subtotals Section Title Section 1 Grand Total Line Total $232,500.00 $232,500.00 PlanetBids UTILITIES LOCKER ROOM MAINTENANCE CONTRACT NO. 9501-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 8th day of October, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and AMERICAN CONSTRUCTION COMPANY LLC, a California limited liability company doing business as ("DBA") ACC ("Contractor"), whose address is 1130 North Kraemer Boulevard, Unit I, Anaheim, CA 92806, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of removing all finishes, wall/floor/ceiling surface elements, cabinetry, doors, fixtures and associated/miscellaneous items along with the reorganization of non -load bearing internal walls and re -instillation of similar components in the City of Newport Beach, Utilities Department Locker Room (949 West 16th Street, Newport Beach, CA 92663), , and includes flooring improvements to the adjacent lobby and fixture replacements and surface treatments for the utility/mop closet (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. 9501-1, 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 Two Hundred Thirty Two Thousand Five Hundred Dollars ($232,500.00). 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 Amr Harried 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. American Construction Company LLC 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 American Construction Company LLC Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Amr Hamed American Construction Company LLC 1130 N Kraemer Blvd Unit # I Anaheim, CA 92806 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. American Construction Company LLC 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 American Construction Company LLC 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 American Construction Company LLC 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. American Construction Company LLC 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. American Construction Company LLC 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. American Construction Company LLC Page 9 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] American Construction Company LLC 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: ' l / 1 % AN CITY OF NEWPORT BEACH, a California municipal corporation Date: I�Y By: ' I U' 4-1 By: :'� Gam` Aron C. Hato liI►tilz,%i,, Will O'Neill City Attorney Mayor ATTEST: Date: By: ataz- e Leilani I. Brown City Clerk CONTRACTOR: AMERICAN CONSTRUCTION COMPANY LLC, a California limited liability company doing business as ("DBA") ACC Date: Signed in Counterpart By: Amr Hamed Chief Executive Officer > [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements American Construction Company LLC Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: '� / 19 /N M ron C. Hal' y Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Will O'Neill Mayor CONTRACTOR: AMERICAN CONSTRUCTION COMPANY LLC, a California limited liability company doing business as ("DBA") ACC Date: Amr Hamed Chief Executive Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements American Construction Company LLC Page 11 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (B 1 County of On ` I21 l before me �Ck(A �/i Date personally appeared Here Insert N me and Title of the Officer I AAA, r 1,' (A, Pr� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidenc be tshe person(s) whose nameare subscribed to the within instrument and acknowl d to me that h she/they executed the same in i /her/their authorized capacity(ies), and that by his/ er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. a '-,AYALCHANAT! n 4 ? +i 3235 QI Czlif.irni,; � r CELES County F,mes SEPT 2, 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1arlI W.\1 CA Signature of Notary Public 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: ©2019 National Notary Association 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: THE FINAL PREMIUM IS This bond was issued in two (2) PREDICATED ON THE original counterparts FINAL CONTRACT AMOUNT EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 024280261 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to American Construction Company LLC hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of removing all finishes, wall/floor/ceiling surface elements, cabinetry, doors, fixtures and associated/miscellaneous items along with the reorganization of non -load bearing internal walls and re -instillation of similar components in the City of Newport Beach, Utilities Department Locker Room (949 West 16th Street, Newport Beach, CA 92663), and includes flooring improvements to the adjacent lobby and fixture replacements and surface treatments for the utility/mop closet, 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, The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Thirty Two Thousand Five Hundred Dollars ($232,500.00) 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 attomeys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. American Construction Company LLC Page A-1 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 of seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 24th day of September , 2024 . American Construction Company LLC dba ACC & Engineering Name of Contractor (Principal) Authorizre itle ��v 111 �"�r ed ignatu The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (714) 937-1400 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 10 /DI /?'g By: � A ro C. Harp City Attorney Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED American Construction Company LLC Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California `41 County of 0faN9e } SS. /� I On SePie A6cr 2 , 20 before me � ��n�c�Pn �t� A Icy``` Jii ;�� to"61111 Notary Public, personally appeared , e �s , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is/are subscribed to the within instrument and acknowledged to me that Ile/she/they executed the same in 6/her/their authorized capacity(ies), and that by(his/her/their signatures(s) on the instrument the erson(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. u WITNESS my hand and official seal. p Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ICU; HAi,:ATI. ;ounly 4; __. r2,2025 r (seal) County of Orange } ss. On September 24th , 2024 before me, Melissa Ann Vaccaro Notary Public, personally appeared Dwight Reilly 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. MELIS5A ANN VACCARO =P COMM.#2401942 r, WITNESS my han -and official seal. N = Notary Public -California I ORANGE COUNTY LL My Comm. Expires May 12, 2026 Signature Melissa Ann Vaccaro (seal) American Construction Company LLC Page A-3 Bond No. 024280261 10� Lil.-)>erty Mutual - SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8209029-969561 KNOWN ALL PERSONS BY THESE PRESENTS: Thal The Ohio Casually Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusers, and West American Insurance Company is a corporation duty organized under the laws of the Slate of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Arturo Ayala: Daniel Huckabay; Adrian LangrelI; Chelsea Liberatore: Frank Morones; R. Nappi; Dwight Reilly: Shaunna Rozelle Ostrom; Ben Stong- Michael D. Slong, Benjamin Wolfe all of the city of Orange state of CA each individually. it there be more than one named. Its true and lawful aflwney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed. any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21 si day of November . 2023 . State of PENNSYLVANIk ss County of MONTGOMERY Liberty Mutual Insurance Company P~ INsJJ PV-i LMS& �,, %HSU The Ohio Casualty Insurance Company �J �o V,' o!t�rR'�n. hJ Loxra,¢rr �aH�Op�r�, �C+ West. American Insurance Company a o A c 3 v n � 3 o m u m yr 1912 a 1919 „ s 1991 YdA�� s e t 6 a O l ,�*a�1cnU=C ya � n`aare°+ �L} YS �'r'OrANt dal ejy ► k� 3&� td dN t '� 7-1 By: David M. Carey, Assistant Secretary On this 21st day of November . 2023 before me personally appeared ..David M Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Company, The Ohio. Casualty Company, and West Amercan Insurance Company, and that he, as such, being authorized so to do, execute the foregoing Instrument tar the thereln contained by signing on behalf of the corporations by himself as a duly authorized officer. WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, at the day and year first above written r Cm9mb!rieatln a! P—Sy3una Nota-r Sea t t rill• , / s ' .t2�sa �astn]a. NN ry P.RYr. /) Ty I " i 15cxq tga_ IV— 'Av a-,nisscm !es Ma sB dff:5 By., s� : ..,. uan e. yen iM,�a assx sac. u r r . e Teresa Pasteila, Notary Public 7:r`i �✓,,r,� s Power of Attorney is made and executed pursuant to and by authority of the following Bylaws and Authoriz-atons of The Ohio Casualty Insurance Company. urance Company, and bVest American Insurance Company which resolutions are now in full three and effect reading as follows: Uberly ARTICLE W — OFFICERS: Section 12, Power of Attorney. Any officer or other official of the Corparallon authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such allomeys-In-facL as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and al undertakings, bonds, recognizances and other surety obligations, Such aromeys-ir.-fact, subject to the fimitalms set forth in their respective powers of attorney: shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as it signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomayin-fact under the provisions of this article maybe revoked at anytime by the Board, the Chairman. the President or by the cfficer or cf8rsrrs granfing such power or authority, ARTICLE XIII— Execution of Contracts: Section 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman of the president, and subject to such limitations as the chairman or the president may prescribe. shall appoint such aftorneys-oil-fact, as maybe necessary to act In behalf of the Company to make, execute, seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-tact subject to the limitations set forth in their respective powers of attorney, shall have foil power to b`std the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as 0 signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company,. authorises David M. Carey, Assistant Secretary to appoint such aftornays-in- fact as may be necessary to act on behalf of the Company to make. execute, seal, acknowledge and deliver as surety any and all undertakings, fonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Ikaectors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power or ahomay issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Uertellyn, the undersigned, Assistant Secretary. The Ohio Casualty Insurance Comoany, Liberty Mutual Insurance Company, and West American Insurance Company do heraby cer6iy that tyre original power of attorney of which the foregoing is a full, two and correct copy of the Power of Attomey executed by said Companies, is in full.force and effect and has not beer, revoked: IN TESTIhi WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 24th day of September , 2024 WSr/ 4ti INS& VNSu j;Goavogir��nfi �J3�payen�:�oy,�c+ � �' �,yogi�oiccn V M r 191 0 1919 0 1991 6 0 1� 8>x4`w By °' �aD _� ""�tP aa� IV —0.* b Renee C. Llewellyn. ,Assistant Secretary LIVI_-12373 LMIC GC r WAiC %,111 Co 02121 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT This bond was issued in two (2) original counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 024280261 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $5,813.00 , being at the rate of $25.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to American Construction Company LLC hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of removing all finishes, wall/floor/ceiling surface elements, cabinetry, doors, fixtures and associated/miscellaneous items along with the reorganization of non -load bearing internal walls and re -instillation of similar components in the City of Newport Beach, Utilities Department Locker Room (949 West 16th Street, Newport Beach, CA 92663), and includes flooring improvements to the adjacent lobby and fixture replacements and surface treatments for the utility/mop closet, 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 The Ohio Casualty Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Thirty Two Thousand Five Hundred Dollars ($232,500.00) 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, thdt if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the American Construction Company LLC Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 24th day of September ,2024 American Construction Company LLC dba ACC & Engineering Name of Contractor (Principal) Authorized Signature/Title t G�RA�Aee r The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (714) 937-1400 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By:� !(a on C. Harp CI y Attorney %/zy Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED American Construction Company LLC Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of U rAN ss. 8 n / On > eQ ew-: - -'`. , 20 "_j before me, CO AA^ r/\ 6100 Notary Public, personally appeared , gM.ec who proved to me on the basis of satisfactory evidence to be the person(s) whose names)" is/are subscribed to the within instrument and acknowledged. to me that r!Ohe/they executed the same in'his/,her/their authorized capacity(ies), and that by(hi %her/their signatures(s) on the instrument the-person(s), or the entity upon behalf of which the rson(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California FF1'2, FF��z,2oz5 County of Orange } ss. On September 24th 2024 before me, Melissa Ann Vaccaro , Notary Public, personally appeared Dwight Reilly , 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. A/a(.--/ Pukl << I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. = �- MELISSA ANN VACCARO M COMM.#2401942 r WITNES y hand d official seal. T ;a� Notary Public California tt u ORANGE COUNTY a My Comm. Expires May 12, 2026 Signature Melissa Ann Vaccaro (seal) American Construction Company LLC Page B-3 Bond No. 024280261 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, Liberty Liberty Mutual Insurance Company 1blutum. The Ohio Casualty Insurance Company Certificate No: 8209029-969561 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under Ina laws of the Stale of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a cotporaiion duly organized under the laws of the State or Indiana therein colfectively called Ihe'Companies'), pursuant to and by aulf k rity herein set forth, does hereby name, constitute and appoint, Amrro Ayala: Daniel Huckabay, Adman Langrel1: Chelsea Liberatore'. Frank Nforones: R. Nappi. Dwight Reilly: Shaunna RozellcC Strom: Ben Stong; Nlichael D. Stong-. Benjamin Wolfe all of the city of Orange state of CA each Individually if there be more than one named.. its true and lawful attomeyin•fact to maim, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed. any and all undertakings, bonds, recognizances and ether surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subsonbed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21st day of November . 2023 Liberty Mutual Insurance Company ,� Quo ,q�� ap011 INS& p� %list/ he Ohio Casualty insurance Company a c , h �° +r `L+r c 'Nest American Insurance Cornpany r*a199 2Q 2 y 1919 o 1991/ d� J,tnuse" ya O �h,ra`+ yb� Ys kolaN* ,ba By. 1`a State ofPENNSYLVANIA County ofMONTGOMERY On this 21 st day of November . 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of liberty Mutual Insurance ma Company, The Ohio Casualty Company, and West American insurance Company. and that he, as such, being authorized so to rib, execute the foregoing insuuri for the purposes ? therein contained by signing on behalf of the corporations by himself as a truly authorized officer. IN WITNESS WHEREOF, t have hereunto subscribed my name and affixed my notanal seal at Plymouth Meeting, Pennsylvania, on the day and year first above written, ��..y.�""-""� �`1 Cm�nxrvma:In cr Re^nty Tuna N[rury SmY Iwcrtga3�ary tacnry y/rI I-/F/ � Ur u. lni65i91 3F2715 By: ""-'- �„ti . n^mn5wn +wr6r 1 I1�@ti the Teresa Pastetla, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company. Insurance Company, and Wilt A rlerican Insurance Company which fesdutions are now in full force and effect reading as follows, Liberty Mutual ARTICLE N -OFFICERS: Section 12 Power of Attorney, Any officer or other official of the Corporation authorized for that purpose in writing by IM Chairman or the President, and subject to such Limitation as the Chairman or the Presider; may prescribe, shall appoint such attorneys -in -tact. as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds: recognizances and other surety obligations. Such attorneys-ir.-fact, subject to the timftalsorrs set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomeyin-fact under the provisions of this at"cle may be revoked at any time by the Board, the Chairman. the President or by the officer or officers granting such power or authority. ARTICLE XIII— Execution of Contracts: Section-S. Surety Bonds and undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe., shall appoint such attorneys-ln-fact as may be necessary to act in behalf of the Company to make. execute, seal, acknowledge and deliver as surety any and all undertakings, Goads, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitation, set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by secretary. Certificate of Oesignallon — The President of the Company, acting pursuant to the Sylaws of the Company. authorizes David M. Carey, Assistant Secretary to appoint such attomeys•in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bands, recognizances and other surety obligations, Authorization— By unanimous consent of the Company's Board of Dxectors. the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned; Assistant Secretary, The Ohio Casualty InsuranceCompany; Liberty Mutual Insurance Company. and West American Insurance Company do hEreby cerOl drat Me original power of attorney of which the foregoing is a full, true and correct copy of the Pourer of Attorney executed by said Companies, is in full force and effect and has not been revoked, iN'i ESTIMONY WHEibjOF, f have hereunto set my hand and affixed the seals of said Companies this 24th day of September , 2024 . tttstrR y111NS& tN34 J�•r4°0.a8i�+c"yL,[° eJ'S,4�4G'°q �'4?n G?��Og9lq'�`h ,�J"� > 1912 o ; #919 1991 o d� •,enure bb o ti,,,ps dbA rs `, orA'P ya Renee C. Brl w f'� �y1 r �a �d¢ ► t� Llewellin, Assistant Secretary LM5-12Vr l LMIG WC WAIL Mufti Co 02/21 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than 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 premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an American Construction Company LLC Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of the Contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each American Construction Company LLC Page C-2 required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of American Construction Company LLC Page C-3 non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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. American Construction Company LLC Page C-4 J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. American Construction Company LLC Page C-5 .0 L, y-+ S47