The URL can be used to link to this page

Home My WebLink AboutC-9837-1 - FY 2025-2026 Citywide Park Fence RehabilitationNOTICE INVITING ING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Cleric, 100 Civic Center Drive, Newport Beach, CA 92660 Before 10:00 AM on the 3rd day of September, 2025, at which time such bids shall be opened and read for FY 2025-2026 CITYWIDE PARK FENCE REHABILITATION Contract No. 9837-1 $423,600.00 Engineer's Estimate Q SEW p01 v Cq<rFOR�`P .Approved by ,/James M. Noulihan eputy PVVD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: httl2://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "C-13" For further information, call Tom Sandefur, Project Manager at (949) 644-3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/governi-nent/data-hub/online-services/bids-rfps-vendor- registration City of Newport Beach FY 2025-2026 CITYWIDE PARK FENCE REHABILITATION Contract No. 9837-1 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....................................................................... 18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 2 City of Newport Beach FY 2025-2026 CITYWIDE PARK FENCE REHABILITATION Contract No. 9837-1 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 Seated Envelope before the bid opening) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the daim 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 A, B, C8, C12, C13, C15, C23, C27, C32, 869505 C33, C60, C61-D49 Contractor's License No. & Classification 1000027444 06/30/2028 DIR Registration Number & Expiration Date DASH Construction Company, Inc. Bidder been reviewed. President u onzed SignatureMile 09/03/2025 Date City of Newport Beach FY 2025-2026 CITYWIDE PARK FENCE REHABILITATION Contract No. 9837-1 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 Total Amount Bid ------- Dollars ($ 10% of Bid ---- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of FY 2025- 2026 CITYWIDE PARK FENCE REHABILITATION, Contract No. 9837-1 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 27th day of August , 2025. DASH CONSTRUCTION COMPANY INC ---.,, Name of Contractor (Principal) Authorized Signature/Title .-Developers Surety and Indemnity Company Name of Surety 800 Superior Avenue E., 21st Floor Cleveland, OH 44114 Address of Surety (877)528-7878 Telephone Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) **Please See 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 Californian�^_ County of i ID:s 1 Ss. On T 20_ before me, a Notary P blic, personally appeared T'yli r ,1 Va__? who proved to me on the basis of satisfactory evidence to be the person( whose name() is/a subscribed to the within instrument and acknowledged to me that he/sf'/they executed the same in his/h$j/thkir authorized capacity(iN), and that by his/hk/thkir signatures(N on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JAIL HE MEOINA Noory Public - cplHornia 3 Los Angeles Courtty rr Canmisslon t 2505335 �r .••'• My Coma. Expires vw 25.2026 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) ❑ Check here if Capacity(iaa) claimod by Signer(o): no tnumoprint Trustee or fingerprint Power of Attomey Is available. CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )Ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument_ I certify under PENALTY OF PERJURY under the laws of the State of California thatthe foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of ) SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 08/27/2025 _ before me, L. Gomez, Notary Public Date personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer NameW,of Signer'4 who proved to me on the basis of satisfactory evidence to be the person* whose name( is/aFe subscribed to the within instrument and acknowledged to me that helshe/tttejt executed the same in hi s/her/Dwir authorized capacity('ihs), and that by tns/herAheir signature4on the instrument the person(*, or the entity upon behalf of which the person(,). acted, executed the instrument L, GOMEZ Notary PubI1C • California Orange County` Commission 4 2413682 My Comm. Expires Aug 23. 2026 Place Notary Sea/ 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 �X' Signature of NotaroPublic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 08/27/2025 Number of Pages: Three(3) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General ❑ Individual GdAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Representing: Company Signer's Name: ❑ Corporate Officer — Title(s): O Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.Nabona]Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PONVER OF ATTORNF,Y FOR COREPOINTE INSIIRANCF- COMPANY DEVELOPERS SURETY AND INDEMNITY CODIPANY 59 Maiden Lana. 43rd Floor, New York, NY I0038 (212)220.7120 KNOW ALL BY THESE PRESENTS that. except as expressly limited herein, COREPOIMIE INSURANCE. COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,do hereby make, constitute and appoint William Sorkin, Richard Adlar, and Rebecca Haas -Bates _ of Irvine, CA as its true and lawful Attomey-in-Fact, to make, execute, deliver and acknaaiedge, for ad on behalfnfsaid companies, as sureties, bonds, undertakings and contracts of suretyship giving mid granting unto said Attomey-in-Fact lull power and authority to do and to perform every act necessary, requisite or proper in be done in connection there pith as each ofsaid company could do, but reserving to each of said company full power of substitution and revocation, and all or dic sits ofsaid Attomey-ire-Fact, pursuant to these presents, we hereby ratified and confirmed. This Power of Attorney is efTective August 27,.2025 and shall expire on December 31, 2025. This Power of :Attomey is granted and is signed trader and by authority ofthe tbilowing resolutions adopted by the Board orDireclors ofCOREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNDY COMPANY (collectively, "Cominmy") oa February 10, 2023. RESOLVED, that Sam Zaza. President. Surety Undervritini_, Jomes Bell. Vice Presidenl Surety Underwriting, ad Cmia D.—on, Execativc Underwrite, iiret , each an employee of Ani North Americo, Inc., an affiliate of the Company (the "Authorized Signors'), are hereby authorized to execute a Power of Altomcy, qualifying atlomey(s)-infect named in the Power ol• Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, Of Other suretyship obligations and that the Secretary or any Assistant Secretary of the Company be, and each of then hereby is, authorized to attest the execution ofany such Power of Attomey. RESOLVED, that die signature oranv one of the Authorized Signors and the Secretary orally Assistant Seeretaryof the Company, and the seal ofthe Company must be affixed to any such Power of Attorney, and any such signature or seal may he affixed by facsimile, and such Power of Attorney shall he valid and binding upon the Cnmpnny when soaffixed and in tile (inure with respect to any bond, undertaking or contract orsurctyship to which it is attached. IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY mid DEVELOPERS SURETY AND INDEMNITY COMPANY have raided These present, to be signed by the Authorized Signorwhd attested by their Secretary or Assistant Secretary this _ March 27, 2023 BY �NSUiZq •.,. .`.`` C ( AND /'p� r''.. .......... . �' �,......., A Printed No a Sam 7aza �eGOR ORq FC n _ O SEAL*�Q.�GottP ==Title' President, Surety Under -writing_ W W936 I OC�hFOR p, t ACKNOWLEDGEMENT. ....... rrrr•gruNs`r - - rrrgrinus�`+`, . 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. S'I'ATEOF California COUNTY OF Orange On this 27 day of March . 2023 , before me. Floane-Ouv an Phu Pham , personally appeared Sam Zaza olio proved to me on the basis mrsatistactury, evidence to be the person whose name is Subscribed to within the instrument and acknom [edged to me that they executed the same in their authorized capacity, and that by the signature on the instrument die enli ties upon behalfwhich the person acted, executed this instrument. I certify. under penalty of pc.jury, wider the Imes of the Smte or Cali omia dial the foregoing paragraph is true and correct. I IITNESS my hand and official seal. .�` °' •4 HOANGQUYEN P. PRAM NotaryPublic- California Signmurc �i1;'y�n �_— Drange County cam"'-7c Commission p 2132970 My Comm. Expires Dec 31, 2026 CORPORATE CERTIFICATION The undersigned. the Secretary or Assistant Sccmtary of COREPOINITi INSURANCE COMPANY and DL•VLl_OPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions of the resolutions of the respective Boards of Directors ofsaid corporations set forth in this Power of Attomey are in force as ofthe date ofthis Certification. This Certi ficution is executed in the City of Cleveland, Ohio, this March 19. 2023. oecusgnea ny: By. 1�8ln-1041 M A<rBarly W Moses. Assistant Secretary POA No. N/A 7ADErr1aC... DocuSignEnvelope[D:3352BFD6-5EOD-4796-837E-C1E455E6530F Ed.0323 City of Newport Beach FY 2025-2026 CITYWIDE PARK FENCE REHABILITATION Contract No. 9837-1 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. DASH Construction Company, Inc. �orized President Bidder re/Title City of Newport Beach FY 2025-2026 CITYWIDE PARK FENCE REHABILITATION Contract No. 9837-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name DASH Construction Company, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 Project Name/Number Miller Park Fence Installation Project Description Fencing, paving, concrete and landscaping Approximate Construction Dates: From 04/2024 To: 08/2024 Agency Name City of Fontana Contact Person Jazmine Pena Telephone (909) 350-6648 Original Contract Amount $ 627,034.50 Final Contract Amount $ 627,034.50 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 10 No. 2 Project Name/Number Independence Park Pool Fence Replacement Project Description Fencing, concrete and stucco Approximate Construction Dates: From 121202, To: 02/2024 Agency Name City of Fullerton Contact Person Melissa Rendon Telephone (714) 738-6886 Original Contract Amount $ 200,767.0¢inal Contract Amount $ 200,767.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name/Number Tustin Hangar Vinyl Fencing Project Description Approximate Construction Dates: From 02/2025 To; 06/2025 Agency Name City of Tustin Contact Person Jason Churchill Telephone (714) 573-3350 1,340,708.00 Original Contract Amount $ Final Contract Amount $ 1,340,708.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 11 No. 4 Project Name/Number Police Parking Lot Renovations Project Description Paving and fencing Approximate Construction Dates: From 06/2025 T0: On Going Agency Name City of Pomona Contact Person Anthony Flores Telephone (562) 547-8555 Original Contract Amount $ 874,037.00Final Contract Amount $ 874,037.00 If final amount is different from original, please explain (change orders, extra work, etc.) 111. 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 FUHS security Fencing Additions Project Description Fencing Approximate Construction Dates: From 07/2024 To: On Going Agency Name Fullerton Joint Union High School District Contact Person Andy Kim Telephone (714) 458-9994 Original Contract Amount $153,750.00Final Contract Amount $ 153,750.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 12 No. 6 Project Name/Number Residential Roadway Rehabiliation Project Description Paving, concrete and tree removal Approximate Construction Dates: From 10/2024 To: 03/2025 Agency Name City of Fountain Valley Contact Person Jessenia Penaloza Telephone (714)593-4678 2,172,787.83 Original Contract Amount $ Final Contract Amount $ 2,172,787.83 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. DASH Constructiion Company, Inc. President Bidder ZrtleLignaturefTitle 13 Davian Barragan Superintendent Relevant Key Highlights: = Foreman/Superintendent Street Rehabilitation= Heavy Equipment Operator Street Resurfacing•Cold Mill & Overlay Qualified Stormwater Practitioner ARHM Pavement • Safety Trainer ° AC Base Course • Management Information System s Aggregate Base ° Traffic Control Full Depth AC Slot Pavement Cost Control = Curb & Gutters Labor Compliance � Submittal & RFI Review Sidewalks• Cross Gutters Change Order Review Dispute Resolution = Alley Intersections ° ° Materials Testing Coordination Driveway Approaches ° Quality Control/Quality Assurance Curb Ramps Public Relations Signing, Striping, & Markings Permit/Environmental Compliance ° Speed Humps • Progress Payment Review = Traffic Signal Loops • Safety Compliance ° Sewer Manholes • Drone Services ° Water Valves & Water Meters Davian Barragan has years of . Utility Coordination Storm Drain Manholes experience in public works construction, project management, contracting, estimating, and management of a wide range of capital improvement projects, and has successfully managed and built over50 projects, involving residential streets, cold mill and overlay, full depth pavement reconstruction, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutters, alley intersections, driveway approaches, curb ramps, signing, striping, and signing, speed humps, traffic signal loops, water valves and meters, and sewer and storm drain manholes. Mr. Barragan's experience extends to his wide range of projects that he has successfully managed for multiple local agencies across southern California. Mr. Barragan is experienced in public works standards, Caltrans standards, permitting, budget management, estimating, and coordination with utility companies and local agencies. Relevant Project Experience City of Torrance: Residential/Arterial Pavement Improvements, Torrance, CA I Foreman: This project included street rehabilitation and slurry seal of various streets, including, Cranbrook Ave, Kornblum Ave, Felbar Ave, Van Ness Ave, Madrona Ave, Harpers Wy, Gramercy PI, Manhattan PI, Yukon Ave, and Ainsworth Ave. Scope of work included pavement improvements, street resurfacing, crack sealing, slurry seal, localized dig -outs, Hot -mix Asphalt pavement, striping removal, curb and gutter, ADA access ramps, alley intersections, driveway approaches, cross gutters, traffic loop detectors and adjustment of utilities. Scope included preparation of submittal packages, scheduling, project management, meetings, cost control, reviewing RFls, preparing change order proposals, permits, progress billings, subcontractor coordination, as -built drawings, and final walkthrough/closeout. City of Hawthorne: Prairie Ave Improvement Project Phase 11, Hawthorne, CA I Foreman: This arterial street improvement project consists of excavation and removal of existing pavement, installation of storm drain, sewer improvements, ADA access ramps, driveways, curb and gutter, traffic signal relocations, signage and striping, adjustment of storm drain and sewer manholes. Mr. Barragan provided full-time project management, preparing submittal packages, coordination with subcontractors, scheduling, quantity tracking and monthly billing, cost control, field coordination, meetings. RFIs, change order proposals, T&M tracking, and final project closeout. City of Commerce: Atlantic Blvd Corridor Improvement Project, Commerce, CA I Foreman: This street improvement project provided the beautification of Atlantic Blvd from Washington Blvd to The 15 FWY. This project consisted of the resurfacing of Atlantic Blvd, improving mobility of pedestrians, ADA compliant access ramps, PCC bus pads, bus shelters, PCC medians, landscaping, installation of City monument, adjustments of storm drain manhole frames and sewer manholes, installation of traffic signal upgrades, and traffic loop detector installation. City of Seal Beach: Local Street Paving Project, Seal Beach, CA I Foreman: This project involves street resurfacing of various streets in Seal Beach, including, Ironwood Ave, Hazelnut Ave, Marigold St, Dogwood Ave, Sunflower St, it St, 161' St, and Landing Ave. Improvements included ARHM Pavement, cold mill and overlay, curb and gutter, ADA Access Ramps, localized pavement repair, manhole frame and cover adjustments, striping, survey monument documentation and protection. Mr. Barragan provided full-time project management, preparing submittals, RFls, change order proposals, coordination with residents and City personal, quantity tracking and measurement, coordination with subcontractors and consultants, final project closeout and acceptance. City of Hawthorne: Local Street Improvement Project, Hawthorne, CA I Foreman: This local street improvement project consists of cold mill, excavation, and removal of existing pavement, ARHM pavement improvements, ADA curb ramps, installation of speed humps, curb and gutter, localized pavement reconstruction, traffic signal detectors and bicycle loop detectors, and signage and striping. Mr. Barragan provided full-time project management, coordination with City and subcontractors, monthly progress billing, cost control, RFls, change orders, scheduling, onsite crew management, and project closeout. City of Monterey Park: Street Rehabilitation at Various Locations, Monterey Park, CA I Foreman: This local street improvement project included street rehabilitation of various streets including, S. Ynez Ave, Taylor Dr, Fernfield Dr, Starbird PI, Gleason St, Juneway, Kempton Ave, and various other residential streets on the east side of the city. Scope of work consists of ARHM pavement improvements, cold mill, AC overlay, ADA improvements, signage and striping, traffic loop detectors, curb and gutter, sidewalk, survey monument documentation and protection, and City Park improvements. City of Newport Beach FY 2025-2026 CITYWIDE PART( FENCE REHABILITATION Contract No. 9837-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County of Los Angele! ) Dariush Shahnavaz bein first duly sworn, deposes and says that he or she is President ofDAVH Construction Company, Inc; the parry 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 parry making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. DASH Construction Company, Inc. President Bidder ed Signature/Title Subscribed and sworn to (or affirmed) before me on this day of , 2025 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 14 Notary Public My Commission Expires: 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 "PVYhe4eS ) j On ill IC7a, before me, , `p►')f_ y-YA� 1 X3lbQ11(U M bt t L (insert name and title of the offi er) personally appeared 'Q tr'It - q-)nh nycA7 . who proved to me on the basis of satisfactory evidence to be the person N) whose name ) is/aXe subscribed to the within instrument and acknowledged to me that he/s /tl�py executed the same in his/h`�r/thkir authorized capacity(iAs), and that by his/hAr/thVir signature(W on the instrument the person(, or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. e- JAILENE MECIN WITNESS my hand and official seal. NogryPabllc•Giifornia Lw Anples tounry 7 Commission 12305335 *.,Comm. Expires Nor 25, 2022 Signature N (Seal) iw City of Newport Beach FY 2025-2026 CITYWIDE PARK FENCE REHABILITATION Contract No. 9837-1 DESIGNATION OF SURETIES Bidder's name DASH Construction Company, Inc Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Developers Surety and Indemnity Company 800 Superior Avenue E., 21st Floor Cleveland, OH 44114 Surety Company Agent - William Syrkin FOUNDATION RISK PARTNERS, CORP. Telephone Numbers: Agent (949) 679-7116 Surety (877) S28-7878 15 City of Newport Beach FY 2025-2026 CITYWIDE PARK FENCE REHABILITATION Contract No. 9837-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name DASH Construction Company, Inc. Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2024 2023 2022 2021 2020 Total 2025 No. of contracts 8 11 7 11 12 12 61 Total dollar Amount of Contracts (in 9,876,321 7,887,127 1,941,667 762,340 344,215 212,510 24,024,180 Thousands of $ No. of fatalities 0 0 0 0 0 0 0 lost [No.f day Cases 0 0 0 0 0 0 0 No. of lost workday cases involving permanent transfer to 0 0 0 0 0 0 0 another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder DASH Construction Company, Inc. Business Address: 6320 Canoga Ave. Suite 220, Woodland Hills, CA 91367 Business Tel. No.: (818)274-8097 State Contractor's License No. and A, B, C8, C12, C13, C15, C23, C27, C32, C33, C60, C61- Classification: 869505 nna Entity Type: S Corporation 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 bidde _ Date/02/2025 Title Dariush Shahnavaz/President & Secretary Signature of bidder Date _009/02/�2025c' Title Majid Hajizadeh/Assistant Secretary Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation_ All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of f x A03C f's ) On Q� � qtl before me, i i ir= (insert name and title of the office personally appeared V1V-1 .\/A7 I,. i—INi 61 j- c, ; izoCA who proved to me on the basis of satisfactory evidence to be the person(s) n(`iose name(s) k/are subscribed to the within instrument and acknowledged to me that hNshq/they executed the same in h)g/her/their authorized capacity(ies), and that by hk/hl�r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JAILENE MEDINA WITNESS my hand and official seal. Notary Public •Caiifomia 4 Los Ansetes county Commission A 2505335 U 0-Y Comm. Expires Nav 25, 2028 Signature _ (Seal) City of Newport Beach FY 2025-2026 CITYWIDE PARK FENCE REHABILITATION Contract No. 9837-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name DASH Construction Company, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 18 City of Newport Beach FY 2025-2026 CITYWIDE PARK FENCE REHABILITATION Contract No. 9837-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: DASH Construction Company, Inc. Business Address: 6320 Canoga Ave. Suite 220, Woodland Hills, CA 91367 Telephone and Fax Number: (818)274-8097 fax: n/a 869505 A, B, C8, C12, C13, C15, C23, C27, C32, California State Contractor's License No. and Class: C33, C60, C61-D49 (REQUIRED AT TIME OF AWARD) Original Date Issued: 12/15/2005 Expiration Date: 08/30/2027 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: Jesse Catalan/Foreman 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 5301 Balboa Blvd. #H16 Dariush Shahnavaz President & Secretary Encino, CA 91316 (818)620-7547 5301 Balboa Blvd. #H16 Shahrooz Shahnavaz Vice President & Treasurer En in CA 91316 (213)683-6000 20338 Oxnard St. Majid Hajizadeh Assistant Secretary Woodland Hills CA 91367 (818)274-8097 Corporation organized under the laws of the State of California ius The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: 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 Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor c�}�liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes® 20 Are any claims or actions unresolved or outstanding? Yes ©o If yes to any of the above, explain. (Attach additional sheets, if necessary) AI - Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Dariush Shahnavaz (Print name of Owner or President of Corporation/C pany) DASH Construction Company Inc President Bidder 4utho—ri,.d' Signature/Title President Title 09/02/2025 Date On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: 21 (SEAL) City of Newport Beach FY 2025-2026 CITYWIDE PARK FENCE REHABILITATION Contract No. 9837-1 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. 9837-1 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: 09/02/2025 Date (818)274-8097 Bidder's Telephone and Fax Numbers A, B, C8, C12, C13, C15, C23, C27, C32, 869505 C33, C60, C61-D49 Bidder's License No(s). and Classification(s) 1000027444 DIR Registration Number DASH Construction Company, Inc. Bidder X� President e `,er.R.th.ri2z.d Signature and Title 6320 Canoga Ave. Suite 220 Woodland Hills, CA 91367 Bidder's Address Bidder's email address: Info@dashconstructioncom CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2025-2026 CITYWIDE PARK FENCE REHABILITATION PROJECT NO. 25P02 CONTRACT NO. 9837-1 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 1 2-1 AWARD AND EXECUTION OF THE CONTRACT 1 2-5 PLANS AND SPECIFICATIONS 2 2-5.2 Precedence of Contract Documents 2 2-6 WORK TO BE DONE 2 SECTION 3 - CHANGES IN WORK 2 3-3 EXTRA WORK 2 3-3.2 Payment 2 3-3.2.2 Basis for Establishing Cost 2 3-3.2.3 Markup 2 SECTION 4 - CONTROL OF MATERIALS 3 4-1 MATERIALS AND WORKMANSHIP 3 4-1.3 Inspection Requirements 3 4-1.3.1 General 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6-1.1 Construction Schedule 3 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 4 6-9 LIQUIDATED DAMAGES 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 5 7-2 LABOR 5 7-2.2 Prevailing Wages 5 7-5 PERMITS 5 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 WORK SITE MAINTENANCE 6 7-8.4 Storage of Equipment and Materials 6 7-8.4.2 Storage in Public Streets 6 7-8.6 Water Pollution Control 6 7-8.6.2 Best Management Practices (BMPs) 6 [I� 7-10 SAFETY 7 7-10.1 Traffic and Access 7 7-10.4 Safety 7 7-10.4.1 Work Site Safety 7 SECTION 9 - MEASUREMENT AND PAYMENT 7 9-2 LUMP SUM WORK 7 9-3 PAYMENT 7 9-3.1 General 7 9-3.2 Partial and Final Payment 9 PART 2 - CONSTRUCTION MATERIALS 9 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 9 201-1 PORTLAND CEMENT CONCRETE 9 201-1.1 Requirements 9 201-1.1.2 Concrete Specified by Class and Alternate Class 9 SECTION 206 — MISCELLANEOUS METAL ITEMS 10 206-6 CHAIN LINK FENCE 10 206-6.3.1 Galvanized Fabric 10 206-6.3.2 Polyvinyl Chloride (PVC) Coated Fabric 10 206-6.6 Fittings and Connections 10 SECTION 210 — PAINT & PROTECTIVE COATINGS 10 210-1 PAINT 10 210-1.5 Paint Systems 10 SECTION 218—ALTERNATIVE LUMBER 10 218-1 MATERIAL 10 218-1.1 General 10 PART 3 - CONSTRUCTION METHODS 10 300-1 CLEARING AND GRUBBING 10 300-1.3 Removal and Disposal of Materials 10 300-1.3.1 General 11 300-1.3.2 Requirements 11 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 11 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 11 303-5.1 Requirements 11 303-5.1.1 General 11 303-5.5 Finishing 12 303-5.5.1 General 12 SECTION 304 — METAL FABRICATION AND CONSTRUCTION 12 304-3 CHAIN LINK FENCE 12 304-3.1 General 12 SECTION 310 - PAINTING 12 310-5 PAINTING VARIOUS SURFACES 12 310-5.1 Painting Structural Steel 12 310-5.1.1 Paint 12 310-5.1.2 Cleaning 12 310-5.3 Painting Galvanized Surfaces 12 310-5.5 Painting Lumber 13 310-5.5.1 Paint 13 310-5.6.2 Preparation of Surfaces 13 PART 8 — LANDSCAPING AND IRRIGATION 13 SECTION 801 - INSTALLATION 13 801-1 GENERAL 13 APPENDIX A — PARKS DIVISION STANDARD IRRIGATION MATERIAL LIST 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2025-2026 CITYWIDE PARK FENCE REHABILITATION PROJECT NO. 25P02 CONTRACT NO. 9837-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P-5276-S); (3) the City's Design Criteria Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria Standard Special Provisions 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 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 "C-13" Fencing Contractor license. At the start of work and until completion of work, Al the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 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 The work necessary for the completion of this contract consists of removing and replacing chain -link fabric and painting posts, rails, fittings, and caps at the following locations: 1. Bonita Canyon Sports Park 2. Buffalo Hills Park 3. Mariners Park 4. West Newport Park SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 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 The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 3-3.2.3.2 Work by a Subcontractor 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 Page SP 2 of 15 (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided for in this subsection, one (1) percent may be added for 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 thorough 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 materials. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the Special Provision. 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. Page SP 3 of 15 Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 30 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 5:00 p.m., Monday through Friday. Contractor shall work at one site at a time. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 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 $276 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 Page SP 4 of 15 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 on 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. At the end of the project, the Contractor shall provide all manufacturer warranty information available to the Engineer. 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 $500.00. 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, and continuous sequence so as to minimize inconvenience to facilities' users and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 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. 7-5 PERMITS Replace this Section with "A City Building Permit is not required." Page SP5of15 7-7 COOPERATION AND COLLATERAL WORK The Contractor shall cooperate with the City to provide public access to the parks. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the start of work for each baseball field, tennis court, and pickleball court. This allows the public to be notified in advance. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may 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. If desired, the Contractor may enclose his storage area(s) with a minimum 6-foot high chain linked fence. The storage area(s) shall contain all of the contractor's materials, supplies, equipment, machinery, toilets, workbenches, etc. 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) Where applicable, 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 Page SP6of15 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. 7-10 SAFETY 7-10.1 Traffic and Access Although not expected on this Project, whenever any portion of the public sidewalk or roadway adjacent to the work location is impacted by the staging of materials or equipment, the Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also available at Building News Bookstore. Pedestrian access shall be maintained to the extent possible. The Contractor shall furnish and install signage, barricades, construction fencing, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Since the City facilities operate continuously, the Contractor shall expect and plan for vehicle and pedestrian traffic around his work at all times. Construction delineators and other warning devices shall be placed whenever work is being performed that impacts pedestrian traffic in the parks. 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 Page SP7of15 The 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 and Demobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, 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, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Bonita Canyon Sports Park: Work under this item shall include all costs needed to provide, install, furnish, and construct all the improvements and items and the contract documents complete and in place for the Bonita Canyon Sports Park location. Including but not limited to: a. Remove existing and install new chain link fence: 1) 3-foot height (approx. 120 LF) 2) 4-foot height (approx. 1,095 LF) 3) 7-foot height (approx. 125 LF) 4) 10-foot height (approx. 1,765 LF) 5) 20-foot height (approx. 560 LF) 6) 30-foot height (approx. 115 LF) b. Prepare, prime, and paint all existing fence posts, rails, caps and fittings in black. c. Remove and replace approximately 990 SF of 2x8 Trex recycled plastic wood backstop boards. Item No. 3 Buffalo Hills Park: Work under this item shall include all costs needed to provide, install, furnish, and construct all the improvements and items and the contract documents complete and in place for the Buffalo Hills Park location. Including but not limited to: a. Remove existing and install new chain link fence: 1) 5-foot height (approx. 10 LF) 2) 8-foot height (approx. 68 LF) 3) 11-foot height (approx. 60 LF) 4) 20-foot height (approx. 20 LF) b. Prepare, prime, and paint 48 SF of backstop boards. Item No. 4 Mariners Park: Work under this item shall include all costs needed to provide, install, furnish, and construct all the improvements and items and the contract documents complete and in place for the Mariners Park location. Including but not limited to: a. Remove existing and install new chain link fence: Page SP8of15 1) 4-foot height (approx. 40 LF) 2) 8-foot height (approx. 233 LF) 3) 10-foot height (approx. 30 LF) 4) 12-foot height (approx. 80 LF) b. Prepare, prime, and paint all existing fence posts, rails, caps and fittings in black. c. Prepare, prime, and paint 160 SF of backstop boards. Item No. 5 West Newport Park: Work under this item shall include all costs needed to provide, install, furnish, and construct all the improvements and items and the contract documents complete and in place for the West Newport Park location. Including but not limited to: a. Remove existing and install new chain link fence: 1) 3-foot height (approx. 160 LF) 2) 12-foot height (approx. 1,000 LF) b. Prepare, prime, and paint all existing fence posts, rails, caps and fittings in black. c. Remove uplifted 4-inch concrete, trim back tree roots, and re -pour (approx. 30 SF). d. Remove loose concrete, seal cracks, and spall repair. Item No. 6 Provide As -Built Drawings: Work under this item shall include all equipment materials, supplies, labor and costs needed to provide as -built drawings. 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 determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built 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. Page SP9of15 SECTION 206 — MISCELLANEOUS METAL ITEMS 206-6 CHAIN LINK FENCE 206-6.3.1 Galvanized Fabric Chain link fabric shall be 6-gauge minimum and 2-inch mesh for all fence heights at all locations. 206-6.3.2 Polyvinyl Chloride (PVC) Coated Fabric The core wire for the fabric shall be 6-gauge minimum and 2-inch mesh for all fence heights at all locations. 206-6.6 Fittings and Connections All fittings, connections, and hardware shall be galvanized steel. SECTION 210 — PAINT & PROTECTIVE COATINGS 210-1 PAINT 210-1.5 Paint Systems Prime coat to consist of primer, waterbased exterior, Dunn -Edwards Ultrashield Galvanized Metal Primer ULGM00. Intermediate coat to consist of waterborne acrylic, exterior, matching topcoat. Topcoat to consist of waterborne acrylic, high performance, exterior, semi -gloss, direct -to -metal, Dunn -Edwards, Endura-Coat ENCT50. SECTION 218 — ALTERNATIVE LUMBER 218-1 MATERIAL 218-1.1 General Backstop boards shall be 2x8 composite lumber with integral black color from Trex or approved equal. PART 3 - CONSTRUCTION METHODS 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 Page SP 10 of 15 found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 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 thejob 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. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed from existing joint to existing joint. Alternatively, with prior approval from the Engineer, existing concrete may be neatly sawed to form straight edges to join proposed concrete improvements. Saw cuts on concrete surfaces shall be a minimum of two (2) inches deep. Saw cuts on asphalt pavement shall be full depth. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems Page SP 11 of 15 shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. Irrigation materials supplied to the project shall comply with the City of Newport Beach, Parks Division Standard Irrigation Materials List per Appendix A. Substitutions are not allowed. 303-5.5 Finishing 303-5.5.1 General Concrete sidewalk panel shall have a broom brush finish as shown per Contract Drawings. SECTION 304 — METAL FABRICATION AND CONSTRUCTION 304-3 CHAIN LINK FENCE 304-3.1 General Add to this Section: Remove signs, hardware, covers, plates, and similar items already in place that are removable and are on the existing chain link fence to be removed. Salvage and reinstall in the same locations on the new chain link fence. SECTION 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.1 Painting Structural Steel 310-5.1.1 Paint Add to this Section: "Waterborne acrylic over an Alkyd Primer System: Prime coat to consist of primer, rust inhibitive, waterborne alkyd, exterior, Dunn -Edwards, Enduraprime Rust Preventative Primer ENPR00. Intermediate coat to consist of acrylic, exterior, matching topcoat. Top coat to consist of waterborne, acrylic, high performance, exterior, semi -gloss, direct -to -metal, Dunn -Edwards, Endura-Coat ENCT50." 310-5.1.2 Cleaning Add to Section: "Remove rust, loose mill scale, and shop primer if any. Clean using methods recommended in writing by paint manufacturer." 310-5.3 Painting Galvanized Surfaces Add to Section: "Waterborne acrylic over a latex primer system: Page SP 12 of 15 Prime coat to consist of primer, waterbased exterior, Dunn -Edwards Ultrashield Galvanized Metal Primer ULGM00. Intermediate coat to consist of waterborne acrylic, exterior, matching topcoat. Topcoat to consist of waterborne acrylic, high performance, exterior, semi -gloss, direct -to -metal, Dunn -Edwards, Endura-Coat ENCT50." 310-5.5 Painting Lumber 310-5.5.1 Paint Add to this Section: "Ultra -Premium Latex System: Prime coat to consist of primer, waterbased, exterior, Dunn -Edwards, EZ-Prime Premium EZPR00. Intermediate coat to consist of latex, exterior, matching topcoat. Topcoat to consist of latex, exterior, velvet, Dunn -Edwards, Evershield EVSH2O 100% acrylic, (Gloss Level 2). 310-5.6.2 Preparation of Surfaces Remove release agents, curing compounds, efflorescence, and chalk. Do not paint surfaces if moisture content or alkalinity of surfaces to be painted exceeds that permitted in the manufacturer's written instructions. PART 8 - LANDSCAPING AND IRRIGATION SECTION 801 - INSTALLATION 801-1 GENERAL The landscape contractor or subcontractor shall provide a licensed Pest Control Advisor (PCA) prior to applying herbicide. The PCA will be responsible for preparing and approving a Pest Control Recommendation and providing Safety Data Sheets (SDS). These items shall be included with the herbicide submittal. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City Arborist. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. Page SP 13 of 15 b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Prunin a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre - approved by the City Arborist. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. Page SP 14 of 15 APPENDIX A — PARKS DIVISION STANDARD IRRIGATION MATERIAL LIST Page SP 15 of 15 Q "O:P�IpoRr V zr cq<iFoV_ Heads Parks Division Standard Irrigation Materials List Toro 570Z-PRX-COM Pop -Up Rain Bird 5000 Rotor Rain Bird 8005 Rotor Controller Rain Master DXi irrigation controller with flow, Cellular & antenna ,Conti Rain Masber Scot Kyle 949-212-80113 Battery Powered Irrigation Controller Toro DDCWP Battery Powered Controller Tempus DC LCD controller Tor IBOC Battery Powered Controller w/Solar Converter (A-SPC-2) Hunter XC Hybrid Battery Powered Controller w/Solar Panel Kit Drip Irrigation Rain Bird Xerigation Landscape Drip Rain Bird XCZ-100-PRF Drip Zone Kit Rain Bird XF Dripline - 0.9 GPH, 12 in. Spacing Miscellaneous Febco 825Y RP Spears # DS-100 Dri-Splice Connectors with crimp sleeves Spears # DS-300 Dri-Splice Sealant Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover Rainbird EFB-CP Series Valve with DC Latching Solenoid (Battery Controllers Only) Griswold DW Series Valve (Control Valve) Griswold DW Series Valve with DC latching solenoid (use with battery -powered controller) Superior 3100 Solenoid Valve (Normally Open Master Valve) Superior 3200 Solenoid Valve (Normally Closed Master Valve) Matco 754 Series Full Port Ball Valve Schedule 40 PVC Lateral Pipes Class 315 Main Supply Pipe (2" and larger) Schedule 40 PVC Main Supply Pipe (1-1/2" and smaller) Rectangle Valve Box-Plastic-18" L x 12" W x 12" D Round Valve Box-Plastic-10" Control Wire-14 AWG U.F. 600-Volt Direct Burial Copper with PVC Insulation. Rain Master EVFM Flow Sensor zvr�ma�s - : veo ,•crown n fl� ur��uie� � - - - ai c M O k all NY W W Z Ui w�W� 'a s `, <a g3:` ¢a Z o O o cF:i z Z owe sW 7C i `seso¢ RH' _ F p° z _ = s s s c 9 yO V Fac' o oc V7 < J U a zp •. - - a W o a c 5 - ., Y' i N v _ - - a - � a � a s E � �_.Np w z 2zz- r e a k ., d rwuxa tee_'.. vNC6i5n�G- Y a J x 0 J LL m A K� rl O � � ~ h OF � � Y i❑ W a H x I \ 0lY 0� U o LL (n w 2 W E \ 0 Q 9 2 Q 7 K U tiC .Oz .Oti 9O SRO •� ,o> R � ¢ a U U w �. m aF ,s i ¢ z W � U Z O _ N ❑ n O N U LL _ Jn< Q m ny _7 N - Y N O b �syy[s ♦ < o .88 rc rc01 Z Z< < Z �sv rc d \ \\ o o p W 'o o s o g �O b�M � 0 i I - z �16 02 m ❑ K U N C 4� �v O � � O w W - O m U Z ¢ Iz5 Y W Z - i W v U m� w� i iOVA y� °- S i( ` / \\ � q-) �. - WWII. fi.p I.Wtl —I, 4f\ZOd92 uo .ae\5310V39-SHOBtltlH SNtl�aoV\IN3tltlN 9Z-SUi\sao.l .o�\pa.o45\M9d\s'°sT l O CP H U m d E J Q Q w o �a LU as °gym Eo a� a0 p W a �¢¢_ c.3 gu ?oo tlw nOm o Y Z m� O Q O N 1. o = S a_ z o °m a 90LL wp ❑" 0 3 H � a � LQ i �Yc^V ' o� jJ co 2x mf o U o Nry D WNws i2wr 1 O ^ Zm0LU u>3 xa m Og _ k o�L" w¢ a M. ewe pEa« wow$ = Z. c�ym ✓$� e, �. ��m KaU h = 0 - U s xo T W _ _ 118y o I1=1 11=1 , LL 11- Z ZI III 1 III QI _ II��I U W IIIII_ I I-111�, 0 Y - U k -III= m Al 0 Ai O Zry NF wmm eQm N tJOW' 5 fn�w >� o m�U y'�W O OO<a <Um2 Z. O y0 y<<O o(7U '0- m Wpm OrUU v~iK¢ a4-x wDQ z�m,` zZm2 - xScoi� -fail no `m ¢ay > _ �c� j�c �f3 uo�o W�- ati ¢Op ma OR 8 OFF n3 ``mom A " m c U Oi Wm WG w°a < yRD '21 10so 10O ❑ zOp > z wDa wkQ YZwn a� Z�'O �iN9_w _ m«w-, ¢ _ j:�QU 0 ° s�< `-ICI-I III -III: �a3E III -III_ r II I II I III- _ 1-III=1 1= 1111111� U - _ - O t l l l� II I W III=J=1 I L, I I I I' 1111: C7 IF W z 1111 IIE p I=111 i- II W =III-III_ Z IIIIIII-, Z 0 W / , d IIIIIIIII-_ LL Y o w ( I I-1 1-11 1I 1 III= 11=1 I 1 Z m O -w�a Z' o -° III III III- U - gp III- Z �m. �ZQ a z AL w w'a cqp a, wax maa moiO oiv.1 -za~ vl' m+ 35) 2} §+! §}\: z LLI / §2 ((§oE ciL) }r#/) \) {�} . . .. .. ) ) §\j \§) . .... . ... / ° * ; ... § / « .... . . . . \ O w......... LL j ° w ;;�z •. E I O . LL . . ......... � � u m c Z ! , .............. I _ 0 IZ . ....,.. c) § CO � \ \ \ \ \ \ • .. � •• ...... �• •• �� •• • � $ .... ° �\\$\ �WZ 6 - SZ/.0/BO fi.D-9oyatl aaui PM'��I�\-":� ryV�\51:9iryX3 9 SNYId\ZOdS[ I-[f66-3 4-- 1-11 9Z--Z I\ZOd9Z o ry �Izry zmd\531UY3lr5lpBtltlN SNN�QOz\IN3btlf1] 9L ZAi\zl�^�I a]\O� oyS\M6d\zazry\ I Z O o s T H n U m cg o d = d > w tq w W w ~ z Q 0 O Z CL Z Q QUQ twL /Iry V N m F O Z a>- o Z g o w a u° wo z LLO� zQ 5:2 U Z J p Si I w Q p a >m N m r 7 �u a H: .'. - it w^ 1 I LL N w N " U _ LL g Z b �z 21 J s C2 J U X N.t J Z_ Y m o M z 3 �� s At o Opo,o N � wwc (AINO NOItl31X31 N33ilOSONIM.B U I °z O a3z> 52 w a ({ z 9z3z a3z Z O z = x _ Q I L s = N T�s w m o ° cq W s I x U Z o J° _ ° \> z °Oeg �xEL o LWL o ° H a� _ o o J W o \w o Q g \o Y LL i' 0° o W = x�H z -- _ °I?^LLI O e°u� sz 1 .E ^' U w "HA W — At \ r zmE O Y Z gN w w m o _x � wax �_Iz" ® §_\ - u0 § ;,|! § _ \§|( ) } \21 �<' /\z /\jd/\| S � ® ± \ .�2. ( \( mml }§).i /#\//\ i? ƒ / /\ © z _ $) ( _a \§ b§ I zo o ,� \ ± / «r g� ]�.; / 2 S.z ' Iƒ y » \\�J/. \ a .�\ I� 3 2 \� \ / \�� LU � / 2:/2 » O O `�� «/2 / z zm«/ ƒ \ w8z . � .......... 7d VaSa,,,Jyod Z <a-3 tu M w z U) QQ Iz OM LU < LL ol. LL =1 ED zw L 3.: 0, o L) 0 z 0 D z 0 o a Ib -ITE z .6 |/- � (ƒ �0: kt M o§ § §§ 9 !/ \ � . �- & ƒLj 7y � - .� _ § \\\\\ § Lj �¥ », FY 2025-2026 CITYWIDE PARK FENCE REHABILITATION CONTRACT NO. 9837-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 28th day of October, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and DASH CONSTRUCTION COMPANY, INC., a California corporation ("Contractor"), whose address is 6320 Canoga Ave. Ste 220, Woodland Hills, CA 91367, 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 and replacing chain -link fabric and painting posts, rails, fittings, and caps at the following locations, Bonita Canyon Sports Park, Buffalo Hills Park, Mariners Park, and West Newport Park (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: 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. 9837-1, 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 Three Hundred Ninety Two Thousand Five Hundred Dollars ($392,500.00). 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 Davian Barragan to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for Dash Construction Company, Inc. Page 2 payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Dariush Shahnavaz Dash Construction Company, Inc. 6320 Canoga Ave Ste. 220 Woodland Hills, CA 91367 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 Dash Construction Company, Inc. Page 3 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. *40111110CC] 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 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 Dash Construction Company, Inc. Page 4 of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774 and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 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 Dash Construction Company, Inc. Page 5 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 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. Dash Construction Company, Inc. Page 6 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et 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. Dash Construction Company, Inc. Page 7 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. Dash Construction Company, Inc. Page 8 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Dash Construction Company, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: q 4; 7) � 2� ' By: (�) Aa on C. Harp Ci y Attorney 0 ATTEST: Date: I / �13/ X— By: Lena Shumway City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: I 1 112 1 2S By:_ Joe Ma) CONTRACTOR: DASH CONSTRUCTION COMPANY, INC., a California corporation Date: Signed in Counterpart Dariush Shahnavaz Chief Executive Officer/ Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Dash Construction Company, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 9/ems By: �--1 - on C. Harp City Attorney ATTEST: Date: 0 Molly Perry Interim City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Joe Stapleton Mayor CONTRACTOR: DASH CONSTRUCTION COMPANY, INC., a Californiq corporation Date: C00I By: Dariush Shan az Chief Executive Officer/ Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Dash Construction Company, Inc. Page 10 Premium is included in the performance bond Executed in 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 0104397 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Dash Construction Company, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of removing and replacing chain -link fabric and painting posts, rails, fittings, and caps at the following locations, Bonita Canyon Sports Park, Buffalo Hills Park, Mariners Park, and West Newport Park in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Developers Surety and Indemnity Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Ninety Two Thousand Five Hundred Dollars ($392,500.00) 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 attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Dash Construction Company, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 14th day of October^ , 20 25 DASH CONSTRUCTION COMPANY INC Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114 Address of Surety (877) 528-7878 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Amon C. Harp City Attorney Uuthorized Signature/Title Y-t Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title (Corporate Seal) NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Dash Construction Company, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LID--, ArNW-l2g ) On 0� S before me,� IGY�M�� lf-ir� . i�'io�-� n 1 Pubic. (insert name and title of the officer) personally appeared 12Gr i L-Zh �:-"'l.YlpyCt-2 who proved to me on the basis of satisfactory evidence to be the person(`$) whose name( is/Are subscribed to the within instrument and acknowledged to me that he/sNe/t[Vy executed the same in his/hek/their authorized capacity(i), and that by his/her/tkir signature( on the instrument the person(, or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Y Signature (Seal) JAILENE MEWNA ' 'btary Public • CGliforni'l LOSAngeies County Commission V 1505335 .My CO,"-, C xAires yov 25, 2028 **Please See 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 } ss. On 20 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Dash Construction Company, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 09/23/2025 before me, A. Lamontagne, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(s;1,of Signerjs,I who proved to me on the basis of satisfactory evidence to be the person( -sr whose name(-s) Ware subscribed to the within instrument and acknowledged to me that he/she/iirey executed the same in his/her/th-eir authorized capacity(ies), and that by 'iris/her/tires signaturel�-), on the instrument the person(s), or the entity upon behalf of which the person(::.-) acted, executed the instrument. W,owl""', A. LAMONTAGNE Notary Public - California Orange County Commission # 2514271 y Comm. Expires Mar 13, 2029 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 Signature of otary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No. 0104397 Document Date: Number of Pages: Three(3) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual WAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company 10/14/2025 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: :'�6'ci:�.<v:�:'✓:'ri •✓4v:v:'r� •a " S ✓G'✓L�4v�.'✓:C..'�:`✓,�<� '✓:'i a.�.:C✓.'u:'✓:<✓.:'y.�. ei4'y -.•iSC✓..� '.`/6•✓GC✓L'Y<'eiG'✓.'ti.•✓ 02014 •nal Notary Associationwww.NationalNotary.org :11 • :11 • •: 91 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that, except as expressly limited herein, COREPOINTE INSURANCE. COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint: William Syrkin, Richard Adiar, and Rebecca Haas -Bates , of Irvine. CA as its true and lawful Attomey-in-Fact, to make, execute, deliver and acknowledge, for and on behalfof said companies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey-in-Fact full power and authority to do acid to perform every act necessary, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said company full power of substitution and revocation, and all of the acts of said Attorney -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is effective October 14, 2025 and shall expire on December 31, 2025. This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company") on February 10, 2023. RESOLVED, that Sam Zaza. President, Surety Underwriting, James Bell- Vice President Surety Underwriting, and Craig Dawson Executive Underwriter - Surety, each an employee of AmTrust North America, Inc., an affiliate of the Company (the "Authorized Signors"), are hereby authorized to execrne a Power of Attorney, qualifying attorney(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretaryor any Assistant Secretary of the Company be, and each of them hereby is, authorized to attest the execution of any such Power ofAttorney. RESOLVED, that the signature ofany one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the seal of the Company must be affixed to any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this March 27, 2023 ,�rprrrrrrrr ,�rrrarrrrrr�I B �` 4sU�a�� .•� AND 1tv y. ��:• APO•• Printed Nat am SZaza ' O` ; •GO �2� :tea Fp•�2= Title: President, Surety Underwriting ACKNOWLEDGEMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF California COUNTY OF Orange SEAL: . �AWPR • �� 4 U 193 6 " ;0 01 �.••c'9CIFCSFzN��'• d 'yam' ,�Q .. * . • ��',,: arrrhrltN``�, On this 27 day of March . 20 23 , before me, Hoang-Quyen Phu Pham personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument. l 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- _ LOp� HOANC:QUYEN P. PHAM J Notary Public - California Signature i = Orange County > Commission # 2432970 +ono My Comm. Expires Dec 31, 2026 CORPORATE CERTIFICATION The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attomey are in force as of the date ofthis Certification. This Certification is executed in the City of Cleveland, Ohio, this March 19, 2023. DocLim ned'1by: BY GtYi�4 (b AAAQ Barry W. Moses, Assistant Secretary POP. No. N/A 8B6415PADE548C... DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C1 E455E653OF Ed. 0323 Premium: $6,888.00 Premium is for contract term and is subject EXHIBIT B to adjustment based on final contract price Executed in 2 Counterparts CITY OF NEWPORT BEACH BOND NO. 0104397 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Newport Beach, (hereinafter referred to as "City") has awarded to Dash Construction Company, Inc., (hereinafter referred to as the "Contractor") an agreement for: the work necessary for the completion of this contract consists of removing and replacing chain -link fabric and painting posts, rails, fittings, and caps at the following locations, Bonita Canyon Sports Park, Buffalo Hills Park, Mariners Park, and West Newport Park (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated October 14, 2025, (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, the undersigned Contractor and Developers Surety and Indemnity Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Three Hundred Ninety Two Thousand Five Hundred Dollars ($392,500.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, their or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the 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 their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, their respective officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation. Dash Construction Company, Inc. Page B-1 As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. M. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. Dash Construction Company, Inc. Page B-2 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project 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, alteration or addition to the terms of the Contract Documents or to the Project. IN WITNESS WHEREOF, this instrument has been dul executed by the Principal and Surety above named, on the 14th day of October 025 DASH CONSTRUCTION COMPANY INC Name of Contractor (Principal) Authorized ignature/Title 'Dorivgh St YahrlUvaZ� Cs�c�°-Vl-�' Developers Surety and Indemnity Company _ Name of Surety Attorney -in -Fact 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114 Rebecca Haas -Bates, Attorne�act Address of Surety Print Name and Title (877) 528-7878 (Corporate Seal) Telephone (Attach Attorney -in -Fact Certificate) *First $100,000 x $25.00 = $2,500.00 Next $292,500 x $15.00 = $4,387.50 The rate of premium on this bond is ` premium charges is $6,888.00 (The above must be filled in by corporate attorney.) Any claims under this bond may be addressed to: per thousand. The total amount of (Name and Address of Surety or Developers Surety and Indemnity Company Agent for Service in California) 800 Superior Avenue E., 21st Floor Cleveland. OH 44114 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1�/ VZ in C. Harp Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Dash Construction Company, Inc. Page B-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of U— On g2n ��C5 before me,74 )�Ie-Yll "CA i rYl ,13C CA VTA a_4-WIC (insert name and title'of the officer personally appeared Jr"»V-n 15V-X64V1Y)aVG:2 who proved to me on the basis of satisfactory evidence to be the person()whose name( is/Are subscribed to the within instrument and acknowledged to me that he/s'�e/tey executed the same in his/hey/Vkeir authorized capacity(*s), and that by his/hk/thleir signature( on the instrument the person), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) '' JAILENI MEDINA Notary Public • California Los AnlelesCounty # Commission M 2505335 0"�� My Comm, Expires Nov 25, 2028 **Please See 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 } ss. On 20 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, , Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Dash Construction Company, Inc. Page B-4 CALIFORNIA• •' •. R<�t!ci<.c�t..�t!T<..<!�<!si .c�t� .at.at.s�t.at T<!n< .cat!-'•!'• s�<..�t.at.s.<_v..v�..at_c. sit *a<_ct.cat.at sa< c�t!sat.s�t�t.at.s�t.a..�Nsa .:..s�t!ca . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 09/23/2025 Date before me, A. Lamontagne, Notary Public personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer Nameo)Lof Signero) who proved to me on the basis of satisfactory evidence to be the person(&,\ whose name('&) is/arp, subscribed to the within instrument and acknowledged to me that he/she/ibey executed the same in his/her/their authorized capacity(ies), and that by iris/her/their signaturets),on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 5 -L OFl A. LAMONIAGNE _ Notary Public • California r - Orange County Commission X 2514271 `4,,0% T My Comm. Expires Mar 13, 2029 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 Signaturf _ - `i •Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond No. 0104397 Document Date: 10/14/2025 Number of Pages: Four 4 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 4-.vG'�/6�✓,S�✓4'✓G-✓G'ri yG�ti4'ri6'.v '✓G�✓.GC✓.:'✓a✓.'erG�.ti.`:..'✓G'ri4'ri ' y:'✓G'✓:'.•�4 ✓ .✓4'. i-✓ ri y ✓ 02014•nal Notary Association• • • • • i • • • i POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that, except as expressly limited herein, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint: William Syrkin, Richard Adiar, and Rebecca Haas -Bates , of Irvine. CA as its true and lawful Attomey-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said companies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said company full power of substitution and revocation, and all ofthe acts of said Attorney -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is effective October 14, 2025 and shall expire on December 31, 2025. This Power of Attorney is granted and is signed under and by authority ofthe following resolutions adopted by the Board of Directors ofCOREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company") on February 10, 2023. RESOLVED, that Sam Zaza, President, Surety Underwriting, James Bell- Vice President, Surety Underwriting, and Craig Dawson- Executive Underwriter Sure , each an employee of AmTrust North America, Inc., an affiliate ofthe Company (the "Authorized Signors"), are hereby authorized to exectne a Power of Attorney, qualifying attorney(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary ofthe Company be, and each of them hereby is, authorized to attest the execution ofany such Power of Attorney. RESOLVED, that the signature ofany one ofthe Authorized Signors and the Secretary or any Assistant Secretary ofthe Company, and the seal ofthe Company must be affixed to any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this March 27, 2023 By: ��.• .... N�, �POlZy �` Printed Nai Sam Zaza Z, GO 11 Title: President, Surety Underwriting `SEA ACKNOWLEDGEMENT: '% v ''•F�AWA�'• . °°ea°n,..onoa6°e 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 •�• ��( AND 7N ., 4 CJ• OORPO�TF ��i Z X' 1936 �' a;. :0. On this 27 day of March , 2023 , before me, Hoang-Owen Phu Pham , personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument. I certify_ under penalty of perjury, trader the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HOANCrQUYEN P. PHAM Notary Public - California Orange County > Signature Commission N 2432970 My Comm. Expires Dec 31, 2026 CORPORATE CERTIFICATION The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions ofthe resolutions ofthe respective Boards of Directors of said corp.orutions set forth in this Power ofAttorney are in force as ofthe date ofthis Certification. This Certification is executed in the City of Cleveland, Ohio, this March 19, 2023. OocuSigned by: By: 696415 7ADE546C_.. Barry W. Moses, Assistant Secretary POA No. N/A DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C 1 E455E653OF Ed. 0323 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 Dash Construction Company, Inc. 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. 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 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 Dash Construction Company, Inc. Page C-2 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 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 Dash Construction Company, Inc. Page C-3 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. 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. Dash Construction Company, Inc. Page C-4 Khalil, Omar From: Tanya Greggs <tanya.greggs@Ebix.com> Sent: November 12, 2025 9:02 AM To: Khalil, Omar Cc: Setter, Gracie Subject: RE: Account Review for Public Works Accounts 9860-1 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish using the Phish Alert Button above. Account has been updated and is now compliant. Thankyou Client Service Analyst Ebix Inc 678-281-2020 ext 2927 Email tanya.greggs@ebix.com I Web WWW.EBIZ.00N1 FORTUNE -FASTEST . E9 GROWING I EBIX Ra I SPAN I S From: Khalil, Omar[mailto:OKhalil@newportbeachca.gov] Sent: Wednesday, November 12, 2025 11:44 AM To: Tanya Greggs <tanya.greggs@Ebix.com> Cc: Setter, Gracie <GSetter@newportbeachca.gov> Subject: RE: Account Review for Public Works Accounts 9860-1 CAUTION: This email originated from outside of the organization! DO NOT click on links or open attachments unless you were expecting the email, recognize the sender, and know the content is safe. Hi Tanya, They sent this to me this morning (not sure if this corrects any of the prior deficiencies. I was gone Monday so I never sent them your follow-up email on the incorrect wording. Will send to them now. Thankyou, Omar Khalil Management Analyst Public Works Office: 949-644-3013 100 Civic Center Drive Newport Beach, CA 92660