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C-9861-1 - 2025-2026 Citywide Painting Project
11, in i7i,i NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 Before 1:00 PM on the 25t" day of September, 2025, at which time such bids shall be opened and read for 2025-2026 CITYWIDE PAINTING PROJECT Contract No. C-9861-1 $4701700 Engineer's Estimate Z31 % James-M. Houlihan eputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: httl2://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19t" Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: " B" or "C-33" For further information, call Tom Sandefur, Project Manager at (949) 644-3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor- reqistration City of Newport Beach 2025-2026 CITYWIDE PAINTING PROJECT Contract No. C-9861-1 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 ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 22 CONTRACT.................................................................................................................. 23 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIALPROVISIONS............................................................................................ SP-1 2 City of Newport Beach 2025-2026 CITYWIDE PAINTING PROJECT Contract No. C-9861-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope before the bid opening) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. D' T t r s 1015299 Contractor's License No. & Classification 1000423283 , b 13011-7 DIR Registration Number & Expiration Date D and T Painting Bidder 5 imitrios an a o , Proprietor Auth6rFzed Signature itle 9/22/25 Date CitV of Newport Beach 2025-2026 CITYWIDE PAINTING PROJECT Contract No. C-9861-1 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 not to exceed ten percent (10%) of the total bid amount---------- Dollars ($--------------------- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2025-2026 CITYWIDE PAINTING PROJECT, Contract No. C-9861-1 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 16th day of September 2025. D and T Painting Name of Contractor (Principal) Auth- rize Signature itl Dimitrios Tantaros, i /-) Sole Proprietor Developers Surety and Indemnity Company Name of Surety 800 Superior Avenue E., 21st Floor, Cleveland, OH 44114 Address of Surety t366-363-2642 Telephone Author�z6d-Agent Signature Kenneth A. Coate, Attorney -In -Fact Print Name and Title - (Notary acknowledgment of Principal & SuretV must be attached) 9 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 ofSar) -,Tncteujr) I ss. On Se ► 20 25 before me, Les) iz RW;iV'eZ Notary Public, personally appeared Tc.vA:eei-c�,S who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that 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. .'ti PE% •, J WITNESS my hand and official seal. U r LESLIE RAMIREZ COMM. # 2525840 i`•� NOTARY PUBLIC • CALIFORNIA SAN JOAQUIN COUNTY n COMM. EXPIRES JULY 3, 2029'' Signature (seal) OPTIONAL INFORMATION Date of Document 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 CredibleVVitness(es) Thumbprint of Signer n Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Check here if no thumbprint or fingcrprinl is available- ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or Q`� -C validity of that document. S' State of California 5�� �� 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 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 (seal) 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(les), and that l,y 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 N (seal) No. 4606-0 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Developers Surety and Indemnity Company of California; organized under the laws of California, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes ofinsurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, Legal, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California THIS CERTIFICATE is expressly conditioned upon the holder hereof naw and hereafter being in full compliance with all, and not in violation ofany, ofthe applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended, IN WITNESS WHEREOF, effective as of the Is' day of November, 2017, 1have set my hand and caused my of j"icial seal to be afzed this I" day of November, 2017. Dave Jones Inmwrmce Commissioner By Valerie Sarfaty for Joel Laucher Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority_ Failure to do so will be a violation of Insuranoe Code section 701 and volt be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. 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: Julia B. Bales, Kenneth A. Coate, Jamie Younger, Ashley Register, Stephanie Halpner, Jonathan Cagner, Stephanie D. Fisher and Andrea Pads of Riverside, 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 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 of the acts of said Attomey-in-Fact, pursuant to these presents, are hereby ratified and confinned. This Power of Attorney is effective February 13, 2023 shall expire on December 31, 2025. _ _ ___ and This Power ofAttorney is granted and is signed under and by authority ofthe 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 Surely Underwriting, and Craig Dawson. Executive Underwriter Surety, each an employee of AmTrust North America, Inc., an affiliate ofthe Company (the "Authorized Signors"), are hereby authorized to execute a Power of Attorney, qualifying attomey(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bands, undertakings and contracts of suretyship, or other suretyship obligations, and that the Secretary or any Assistant Secretary ofthe Company be. and each of them hereby is, authorized to attest the execution of any such Power of Attorney. RESOLVED, that the signature of any one ofthe Authorized Signors and the Secretary or any Assistant Secretary ofthe Company, and the seal orthe 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 Secretarythis March 27, 2023 °peeeeeeeeeoao oe0000eeaaaa 00 By: a •° ���SUf�ao ••.•`�� i AND 11, ao, p Printed Nat e: Sam Zaza Z O G�RPOR�TF e �JQ �G3RPOT�oF�2 co Title: President Surety Underwriting a W Lui • m 1 93 OO'•..O� R� • a 0�'• cgLl RN�P• • �O . ACKNOWLEDGEMENT: .�AWP•• " �� �� . FOB �aa•� aeaai* ee•` ••••• A notary public or other officer completing this certificate verifies only the eoQaaaeaeoeaoau°°°°oa identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document. STATE OF California COUNTY OF Orange On this 27 day of March 2023 , before me, Hoana-Queen 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, under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 40my HOANG-QUYEN P. PHAktNotary Public - CaliforniaSignature, _ Orange County Commission # 2432070 Comm. Ettpires 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 of the respective Boards of i.rectors.of said corporafioitsset forth in this Power of Attomey are in force as ofthe date ofthis Certification. This Certification is executed in the City of Cleveland, Ohio, this March 19, 2023. Docu8lgned by: By; MT$G$ Barry W. Moses, Assistant Sgcretary POA No. NIA 8a6415 ADE548C... DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C1 E455E6530F Ed. 0323 Signed and sealed this 16th day of September, 2025 CALIFORNIA ACKNOWLEDGMENT _ •u�1a;. - :,;'-�".:� �•r:Fca:,���xa:; :.aZ�..a'.-aa. :t2- - �:+xz�. ;Fa:.' :,7-�:cy: ':c'a: - 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 Riverside On SEP 16 7025 Date personally appeared . before me, Stephanie D. Fisher, Notary Public Here Insert Name and Title of the Officer Kenneth A. Coate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( -&}whose name(e}isMre-subscribed to the within instrument and acknowledged to me that he/eheA49ey-executed the same in hisNieFftheit authorized capacity(ies), and that by his/#&r t4e#-signatures) on the instrument the person($} or the entity upon behalf of which the person(s) acted, executed the instrument. STEPHAN E'D. FISHER 252 COMM. #8250 CC � NOTARY PUBLIC - CALIFORNIA a' ' ! RIVERSIDE COUNTY My Comm. Expires July 26, 2029 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Al2III 161ZFill I Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n nthPr Signer is Representing: ":eicaE: ':Y:_G;K;v :•�6'• sX?E'•- ys2a :52ri; •, cep:*•- "•�c: G�:-t;: �•r�:c.55•nr,E.�. :�::•r E:�x. Ear;:: - E� _<•r_�:-Krs;.:: 02019•nal Notary Association City of Newport Beach 2025-2026 CITYWIDE PAINTING PROJECT Contract No. C-9861-1 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 DI registration numbers for each subcontractor. D and T Paintin Bidder 0 Sole Pro rietor Authorized Signature itle Cate of Newport Beach Contract No. C-9861-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name D and T Painting 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 Painting at Redlands East Valley High School 25-25 Project Description Exterior Painting of Redlands East Valley High School Approximate Construction Dates: From 6/13/25 To: 7/10/25 Agency Name Redlands Unified School District Contact Person Danny Gutierrez Telephone (909) 307-5360 ext 24143 Original Contract Amount $179,000,00Final Contract Amount $ 179,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 10 No. 2 Project Name/Number Skyblue Mesa Elementary School Exterior Paint Project Description Repainting of Skyblue Mesa Elementary School Approximate Construction Dates: From 6/17/25 To: 7/12/25 Agency Name Saugus Union School District Contact Person Kathie Pisano Telephone (661 ) 294-5300 ext5106 Original Contract Amount $ 130,000 Final Contract Amount $140,000 If final amount is different from original, please explain (change orders, extra work, etc.) Change order. Include painting additional walls and handrails 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 Stein High School - Campus Painting Project Description Exterior painting of Stein High school campus and interior painting of MPR Approximate Construction Dates: From 6/5/24 TO: 6/14/24 Agency Name Tracy Unified School District Contact Person Jason Rodrigues Telephone (209) 830-3200 Original Contract Amount $ 157,550 Final Contract Amount $ 157,550 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. Nn 11 No. 4 Project Name/Number Exterior Painting of Livingston High School Project Description Painting of entire Livingston high school campus Approximate Construction Dates: From 5121/23 To: 7/8/25 Agency Name Merced union High School District Contact Person MikeGottschall Telephone (209) 761-5865 Original Contract Amount $ 390,000 Final Contract Amount $ 390,000 If final amount is different from original, please explain (change orders, extra work, etc.) &1,,, Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Exterior Painting of Valencia High School Project Description Exterior painting of entire Valencia High School campus Approximate Construction Dates: From 7/10/23 To:8/4/23 Agency Name Placentia -Linda Yorba Unified School District Contact Person Bradd Runge Telephone (714) 985-8440 Original Contract Amount $ 464,000 Final Contract Amount $ 464,000 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 Exterior Painting of Multiple Sites - Crystal Middle School, David Weir, Project Name/Number Transportation De artment Exterior Painting of two elementary schools and school districts Project Description transportation department Approximate Construction Dates: From 6/18/23 To: 7/8/23 Agency Name Fairfield Suisun Unified School District Contact Person Mariana Romero Telephone (707) 399-5148 Original Contract Amount $ 263,000 Final Contract Amount $ 263,000 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 ana otner Inrormauun sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. D and T Painting Bidder 13 ...- - � Authorizekign:a—tur e/Tite t f->t®Prie+ow City of Newport Beach 2025-2026 CITYWIDE PAINTING PROJECT Contract No. C-9861-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of SgAi2 i6 Dimitrios Tantaros being first duly swom, deposes and says that he or she is Sole Proprietor of D and T Painting , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that 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. D and T Painting/ Dimitrios Tantaros Bidder Auth&r1Z6d Sig natur /Title Subscribed and sworn to (or affirmed) before me on this16( day of-SaAc ber , 2025 by ► Y1� 1�'C 1 o5 IrI�U n c s 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. Notary Public [SEAL] LESLIE RAMIREZ COMM. # 252584U =6Bca �) NOTARY PUBLIC CALIFORNIA SA N JOAQUIN COUNTY 6MM. EXPIRES JULY 3, 2029 14 My Commission Expires: aQ3_9 City of Newport Beach 2025-2026 CITYWIDE PAINTING PROJECT Contract No. C-9861-1 DESIGNATION OF SURETIES Bidder's name D and T Painting 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 Co. 800 Superior Ave E 21 st Floor Cleveland, OH 44114 (866)363-2642 i% City of Newport Beach 2025-2026 CITYWIDE PAINTING PROJECT Contract No. C-9861-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name D and T Painti 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 2 3 5 11 12 10 43 Total dollar Amount of 246,000 277,000 1,152,800 325,250 1,700,000 1,300,OOC 5,001,050 Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost 0 0 0 0 0 0 0 Workday Cases No. of lost workday cases involving permanent 0 0 0 0 0 0 0 transfer to another job or termination of employment The information required for these items is the same as requireu wi cuiuiiiiia 0 LU V, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. W. 10, Legal Business Name of Bidder Dimitrios Tantaros DBA D and T Painting Business Address: 1775 Cork Oak Lane Manteca CA 95336 Business Tel. No.: (925_997-8613 State Contractor's License No. and Classification: 1015299, C-33 Entity Type: Sole Proprietor The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder /tA ri �fcA. Date 9/22/25 Title Sole Proprietor Signature of bidder N/A Date Title N/A Signature of bidder Date N/A Title N/A Signature of bidder N/A Date N/A Title N/A Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 - ♦ Califomia All -Purpose Certificate of 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 San Joaquin S.S. -1 Leslie Ramirez, Notary Public On f'� before me, Name of Notary Public, Title \ personally appeared Name of Signer (1) Name of Signer (2) 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 ar, LESLIE RAMIREZ of the State of California that the foregoing paragraph is ¢ _ COMM. # 2525840 , -; NOTARY PUBLIC • CALIFORNIA 11� true and correct. _ SAN JOAQUIN COUNTY n EXPIRES JULY 3, 2a291 WITNESS my hand and official seal. ,t rep„,P COMM, Seal Signature of N OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. T Description of Attached Document �' ,'a : '`' '''. ,r ' The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification document titled/for the purpose of Proved to me on the basis of satisfactory evidence: ❑ form(s) of identification ❑ credible witnesses) I containing pages, and dated Notarial event is detailed in notary journal on: y Page # � Entry # i• The signer(s) capacity or authority is/are as: Cl Individual(s) Notary contact: _ ❑ Attomey-in-fact other ElCorporate Officer(s) Title(s) ❑ Additional Signer ❑ Signer(s) Thumbprints(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ' ❑ Other: representing: Names) of Persons) Entity(ics) Signer is Representing i © 2009-2015 Notory Lcarning Center All Rights Rosorvocf you can purchase copies of this form trom our weo site at www. 1 n01NUia1yS U1 v.t 11 City of Newport Beach 2025-2026 CITYWIDE PAINTING PROJECT Contract No. C-9861-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name D and T Painting The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Si nature Q and A set 1 9/10/25 -- Q and A set 2 9/22/25 Q and A Set 3 9/22/25 '�— im City of Newport Beach 2025-2026 CITYWIDE PAINTING PROJECT Contract No. C-9861-1 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: D and T Painting Business Address: 1775 Cork Oak Lane Manteca CA 95336 Telephone and Fax Number: (925)997-8613 California State Contractor's License No. and Class: 1015299, C-33 (REQUIRED AT TIME OF AWARD) Original Date Issued: May2016 Expiration Date: 6I30/28 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: Dimitrios Tantaros 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 Dimitrios Tantaros Sole Proprietor 1775 Cork Oak Lane, p Manteca CA 95336 925-997-8613 Corporation organized under the laws of the State of NIA 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: VOW All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: D and T Painting For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. NIA For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No TI Are any claims or actions unresolved or outstanding? Yes /®o If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A _ Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. D and T Painting Bidder Dimitrios Tantaros (Print name of Owner or President of Corporation/Company) Authorized Signat re/TI le Sole Proprietor Title 9/22/25 Date On -1 Gi before me, SIk �CtVYI t VleZ , Notary Public, personally appeared dg A11- 1(`® S who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 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. LESLIE RAMIREZ COMM. # 2525840 (SEAL) y6: NOTARY PUBLIC • CALIFORNIA Notary Public in and for - ^ SAN JOAQUIN COUNTY 0 �"FOpH�' COMM. EXPIRES JULY 3, 20291 My Commission Expires: 7 v 21 2025-2026 CITYWDE PAINTING PROJECT Contract No. C-9861 o1 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. 9661-1 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: 9/22/25 Date 925-997-8613 Bidder's Telephone and Fax Numbers 1015299, C-33 Bidder's License No(s). and Classification(s) 1000423283 DIR Registration Number D and T Painting Bidder Bidder's Authorized Signature and Title 1775 Cork Oak Lane, Manteca, Ca 95336 Bidder's Address Bidder's email address: Dtpaintingteam@gmail.com PR-1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2025-2026 CITYWIDE PAINTING PROJECT PROJECT NO. 26F02 CONTRACT NO. C-9861-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK. TO BE DONE SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General 1 2 2 2 2 2 2 2 2 2 3 3 3 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 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6 7-8 WORK SITE MAINTENANCE 6 7-8.1 General 6 7-8.4 Storage of Equipment and Materials 6 7-8.4.1 General 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 7-10 SAFETY 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 210 — PAINT AND PROTECTIVE COATINGS 9 210-1 PAINT 9 210-1.6 Submittals 9 210.1.6.1 Product Data 9 210.1.6.2 Samples for Initial Selection 9 210.1.6.3 Samples for Verification 10 210-1.7 Mock-ups 10 PART 3 - CONSTRUCTION METHODS 11 ADD TO SECTION 310 — PAINTING 11 310-1 GENERAL 11 310-1.1 Weather Conditions 11 310-5 PAINTING VARIOUS SURFACES 11 310-5.1 Painting Structural Steel 11 310-5.1.1 Paint 11 310-5.1.2 Cleaning 11 310-5.3 Painting Galvanized Surfaces 11 310-5.3.1 Paint 11 310-5.3.2 Cleaning 12 310-5.5 Painting Lumber 12 310-5.5.1 Paint 12 310-5.5.2 Preparation of Surfaces 12 310-5.5.3 Application of Paint 12 310-5.6 Painting Aluminum Surfaces 13 310-5.6.1 Paint 13 310-5.6.2 Preparation of Surfaces 13 310-5.7 Painting Concrete Surfaces 13 310-5.7.1 Paint 13 310-5.7.2 Preparation of Surfaces 13 310-5.8 Painting CMU Surfaces 13 310-5.8.1 Paint 13 310-5.8.2 Preparation of Surfaces 14 310-5.9 Painting Portland Cement Plaster (Stucco) Surfaces 14 310-5.9.1 Paint 14 SECTION 315 — GENERAL EXTERIOR PAINTING 14 315-1 SURFACE PREPARATION 14 315-1.1 General 14 315-2 PAINT APPLICATION 14 315-2.1 General 15 315-2.2 Material Compatibility 15 315-2.3 Cleaning and Protection 16 PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-3 PEDESTRIAN ACCESS SECTION 601- WORK AREA TRAFFIC CONTROL 601-1 GENERAL M. 16 16 16 16 APPENDIX A Al CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2025-2026 CITYWIDE PAINTING PROJECT PROJECT NO. 26F02 CONTRACT NO. C-9861-1 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. C-9861-1); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition), including supplements. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: https://www.newportbeachca.gov/government/departments/public- works/resources/standard-d rawings 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 Gloss Level 2 — Not more than 10 units at 60 degrees and 35 units at 85 degrees, according to ASTM D 523. SECTION 2 - SCOPE AND CONTROL OF THE WORK Page SP 1 of 16 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class "B" General Building Contractor license or a Class "C-33" Painting and Decorating Contractor license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 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 preparing mock-ups for City approval prior to commencing work for each work location and for differing painting surfaces, removing cracked, peeled, and nonadherent paint; removing rust, dirt, or bird droppings; repairing and patching damaged exterior surfaces; cleaning, preparing, and painting exterior surfaces; refinishing stone veneers, removing stone veneers and matching to existing exterior surfaces, and removing existing signs and installing new or refurbished signs as noted on the plans. Exterior surfaces shall include, but not be limited to the following, aluminum trellises, beams, bollards, building surfaces, CMU walls, downspouts, exterior doors, exterior wood roof, fascia, fences and gates, gutters, overhead doors, railings, signages, sunshades, windows, wood surfaces, and additional areas as noted on the plans as specified in the contract documents at the following locations: 1. Civic Center (100 Civic Center Drive) 2. Central Library (1000 Avocado Avenue) 3. Carroll Beek Community Center (115 Agate Avenue) 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 Page SP 2 of 16 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. 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 Page SP 3 of 16 Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. PLEASE NOTE THE FOLLOWING SCHEDULE CONDITIONS AT EACH LOCATION: 1. Civic Center: None 2. Central Library: Must be completed by March 2026. 3. Carroll Beek: None 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 120 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. Except as modified in Section 6-1.1, normal working hours are limited to 7:00 a.m. to 4:00 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., outside of the working hours. 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 $207 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: Page SP 4 of 16 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 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be at the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 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 continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. Page SP 5 of 16 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-8 WORK SITE MAINTENANCE 7-8.1 General All vandalism, including graffiti, at the work site shall be removed by the Contractor within 24 hours. 7-8.4 Storage of Equipment and Materials 7-8.4.1 General Add to this Section: "Store materials not in use in tightly covered containers in well - ventilated areas with ambient temperatures continuously maintained at not less than 45 degrees F ( 7 degrees C) or more than 120 degrees F (49 degrees C). Maintain containers in clean condition, free of foreign materials and residue. Remove rags and waste from storage areas daily." 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Placing plastic sheeting beneath stored equipment to capture potential leaking fluids. d. Providing a controlled area for cleaning or rinse -down activities. e. Monitoring construction activities. Page SP 6 of 16 f. Minimizing usage of water when saw -cutting and vacuum the residue. g. Providing measures to capture or vacuum -up water contaminated with construction debris. h. Removing any construction related debris on a daily basis. i. Protecting work areas from erosion. j. Covering construction material stockpiles prior to wind or rain events The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and backcharging 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. The contractor shall be liable for any and all related fines. 7-10 SAFETY 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Page SP 7 of 16 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 Civic Center: Work under this item shall include, but not be limited to all labor, tools, supplies, equipment and materials costs needed to prepare mock-ups for City approval prior to commencing work for each work location and for differing painting surfaces; removing cracked, peeled, and nonadherent paint or stain; removing dirt or bird droppings; repairing and patching damaged exterior surfaces; cleaning, preparing, and painting or staining the surfaces, protecting all other City properties (vehicles, equipment, tools, etc.) from being damaged by the work, and any safety precautions needed to perform the work, complete and in place. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor at no cost to the City. Item No. 3 Central Library: Work under this item shall include, but not be limited to all labor, tools, supplies, equipment and materials costs needed to prepare mock-ups for City approval prior to commencing work for each work location and for differing painting surfaces; removing cracked, peeled, and nonadherent paint; removing rust, dirt, or bird droppings; repairing and patching damaged exterior surfaces, including arcade trellis plate; cleaning and preparing all surfaces, including filling and caulking; and painting exterior surfaces; refinishing stone veneers, removing stone veneers and repairing building surfaces to match existing texture and color; protecting all other City properties (vehicles, equipment, tools, etc.) from being damaged by the work, and any safety precautions to perform the work, complete and in place. Exterior surfaces shall include, but not be limited to, aluminum trellises, arcade trellis beams and plates, bollards, building surfaces, CMU wall, copper fascia, downspouts, exterior doors, entry structures, exterior sunshades, fences and gates, gutters, louvers, metal spandrel panels, overhead doors, sheet metal coping, railings, signages, steel gusset plates, trims, exterior windows, louvered gates and beams at the Cooling Tower Yard, and any additional areas as noted on the plans. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor at no cost to the City. Item No. 4 Carroll Beek: Work under this item shall include, but not be limited to all labor, tools, supplies, equipment and materials costs needed to prepare mock-ups for City approval prior to commencing work for each work location and for differing painting surfaces; removing cracked, peeled, and nonadherent paint; removing rust, dirt, and bird droppings; repairing and patching damaged exterior surfaces; cleaning and preparing all surfaces, including filling and caulking; and painting exterior surfaces, removing existing signages and install new or furbished signages as noted on the plans, protecting all other City properties (vehicles, equipment, tools, etc.) from being damaged by the work, and any safety precautions to perform the work, complete and in place. Exterior surfaces shall include, but not be limited to the following, building Page SP 8 of 16 surfaces, exterior doors, downspouts, fascia, gutters, railings, signages, trim, windows, wood surfaces, louvers, and any additional areas as noted on the plans. The cost of remedial work for "completed" areas that did not pass City inspection shall be borne by the Contractor at no cost to the City. Item No. 5 Incidental Repairs to Damaged Surfaces (Allowance): The Contractor shall have included in this bid a $5000.00 allowance for incidental repairs to damaged surfaces or changed conditions, including all of the equipment, materials, supplies, labor, and costs needed, that are beyond the required preparation as specified in the Technical Specification. All work under this bid item requires prior written approval from the Engineer. This item may be removed or reduced in the contract at the City's discretion 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 210 — PAINT AND PROTECTIVE COATINGS 210-1 PAINT 210-1.6 Submittals 210.1.6.1 Product Data For each type of product, include preparation requirements and application instructions. For each product indicated, include cross references to the paint system and locations of application areas. Use same designations indicated on Drawings. Include the VOC content. 210.1.6.2 Samples for Initial Selection Provide color samples for initial selection for each type of product for the following: Civic Center (100 Civic Center Drive) o Exterior Linear Wood Roof Central Library (1000 Avocado Avenue) o Aluminum Trellises o Arcade Trellis Beams and Plates o Bollards Page SP 9 of 16 o Building Surfaces o CMU Wall o Exterior Doors o Entry Structures o Exterior Sunshades o Fences and Gates o Metal Spandrel Panels o Overhead Doors o Sheet Metal Coping o Signages o Steel Gusset Plates o Trims o Louvered Gates and Beams at Cooling Tower Yard Carroll Beek (115 Aaate Avenue o Building Surfaces o Downspouts o Fascia o Gutters o Exterior Doors o Railings o Recessed Lights o Signages o Trims 210.1.6.3 Samples for Verification Provide samples for each type of paint system and each color and gloss of topcoat. Submit samples on rigid backing, no smaller than 7 inches by 10 inches or larger than 8.5 inches by 11 inches. Label each sample for the project, Engineer, general contractor, painting contractor, paint color name, paint brand name, "P" number if applicable, and application area. 210-1.7 Mock-ups Provide mock-ups for City approval prior to commencing work for each work location and for differing paint surfaces. Mock-up samples should be at least 3 feet by 3 feet. Mock-ups are required for the following locations: • Civic Center (100 Civic Center Drive o Exterior Linear Wood Roof • Central Library (1000 Avocado Avenue) o Building Exterior o CMU Wall • Carroll Beek (115 Agate Avenue) o None Page SP 10 of 16 Engineer will designate any other items or areas required. Final approval of color selections will be based on mock-ups. If preliminary color selections are not approved, additional mock-ups of additional colors selected by Engineer at no added cost to City. Paint application and preparation of surfaces for the listed locations that require mock- ups shall be the same techniques and methodologies that were used to prepare the approved mock-ups. No deviations will be allowed unless Contractor prepares a new mock-up for approval at no cost to the City. PART 3 - CONSTRUCTION METHODS ADD TO SECTION 310 — PAINTING 310-1 GENERAL 310-1.1 Weather Conditions Add to this section: "Painting shall be in accordance with manufacturer's written recommendations for the temperature range and relative humidity. Spray painting will not be permitted during windy conditions." 310-5 PAINTING VARIOUS SURFACES 310-5.1 Painting Structural Steel 310-5.1.1 Paint Add to Section: "For general structural steel: Waterborne acrylic over Alkyd Primer System 1. Prime coat to consist of primer, rust inhibitive, waterborne alkyd, exterior, Dunn - Edwards, Enduraprime Rust Preventative Primer ENPR00. 2. Intermediate coat to consist of acrylic, exterior, matching topcoat. 3. 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 loose mill scale, loose rust, dirt, and paint by hand brushing, hand sanding, hand scraping, hand chipping, or by a combination of these methods. Clean using methods recommended in writing by paint manufacturer." 310-5.3 Painting Galvanized Surfaces 310-5.3.1 Paint Page SP 11 of 16 Add to Section: "For general galvanized surfaces: Waterborne acrylic over a latex primer system 1. Prime coat to consist of primer, waterbased exterior, Dunn -Edwards Ultrashield Galvanized Metal Primer ULGM00. 2. Intermediate coat to consist of waterborne acrylic, exterior, matching topcoat. 3. Topcoat to consist of waterborne acrylic, high performance, exterior, semi- gloss, direct -to -metal, Dunn -Edwards, Endura-Coat ENCT50." 310-5.3.2 Cleaning Add to Section: "Remove loose mill scale, loose rust, dirt, and paint by hand brushing, hand sanding, hand scraping, hand chipping, or by a combination of these methods. Clean using methods recommended in writing by paint manufacturer." 310-5.5 Painting Lumber 310-5.5.1 Paint Add to Section: For Civic Center Exterior Roof System: 1. Coat to consist of waterbase, exterior, solid stain, Benjamin Moore, Woodluxe, minimum of two coats. Color to be similar to existing exterior roof. Contractor to submit color samples to Engineer for approval. For general wood surfaces: Ultra -Premium Latex System 1. Prime coat to consist of primer, waterbase, exterior, Dunn -Edwards, EZ- Prime Premium EZPR00. 2. Intermediate coat to consist of latex, exterior, matching topcoat. 3. Topcoat to consist of latex, exterior, velvet, Dunn -Edwards, Evershield EVSH2O 100% acrylic, Gloss Level 2. 310-5.5.2 Preparation of Surfaces Add to section: "Remove cracked, loose, peeled paint or stain, and other foreign matter by hand brushing, hand scraping, hand sanding or by a combination of these methods. Remove sanding dust before applying paint or stain." 310-5.5.3 Application of Paint Add to section: "Application shall be by hand brushing. Two coats minimum for the Civic Center Exterior Roof System." Page SP 12 of 16 310-5.6 Painting Aluminum Surfaces 310-5.6.1 Paint For general aluminum surfaces: Waterborne Acrylic over a Latex Primer System 1. Prime coat to consist of primer, waterbased, exterior, Dunn -Edwards, Ultrashield Gavanized Metal Primer ULGM00. 2. Intermediate coat to consist of waterborne acrylic, exterior, matching topcoat. 3. Topcoat to consist of waterborne, acrylic, high performance, exterior, semi- gloss, direct -to -metal, Dunn Edwards, Endura-Coat ENCT50. 310-5.6.2 Preparation of Surfaces Remove loose surface oxidation, dirt, cracked or peeled paint. Clean using methods recommended in writing by paint manufacturer. 310-5.7 Painting Concrete Surfaces 310-5.7.1 Paint For general concrete surfaces: Ultra -Premium Latex System 1. Prime coat to consist of primer, alkali resistant, waterbased, exterior, Dunn - Edwards, Eff-Stop Premium ESPR00 (if Efflorescence present) or Super-Loc Premium SLPR00-2-WH Exterior Masonry/Bonding Primer. 2. Intermediate coat to consist of latex, exterior, matching topcoat. 3. Topcoat to consist of latex, exterior, velvet, Dunn -Edwards, Evershield EVSH2O 100% acrylic, Gloss Level 2. 310-5.7.2 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. 310-5.8 Painting CMU Surfaces 310-5.8.1 Paint For general CMU surfaces: Ultra -Premium Latex System 1. Prime coat to consist of alkali resistant, waterbased, exterior primer, Dunn - Edwards, Eff-Stop Premium ESPR00 (if Efflorescence present) or Urethane Modified Acrylic Exterior Masonry/Bonding Primer, Dunn -Edwards Super-Loc Premium SLPR00-2-WH (previously painted surface). 2. Intermediate coat to consist of latex, exterior, matching topcoat. Page SP 13 of 16 3. Topcoat to consist of latex, exterior, velvet, Dunn -Edwards, Eversheild EVSH20 100% acrylic, Gloss Level 2. 310-5.8.2 Preparation of Surfaces Remove efflorescence and chalk. Do not paint surfaces if moisture or alkalinity of surfaces or mortar joints exceeds that permitted in manufacturer's written instructions. 310-5.9 Painting Portland Cement Plaster (Stucco) Surfaces 310-5.9.1 Paint For general stucco surfaces: Ultra -Premium Latex System 1. Prime coat to consist of primer, alkali resistant, waterbased, exterior, Dunn - Edwards, Eff-Stop Premium ESPR00. 2. Intermediate coat to consist of latex, exterior, matching topcoat. 3. Topcoat to consist of latex, exterior, velvet, Dunn -Edwards, Evershield EVSH20 100% acrylic, Gloss Level 2. SECTION 315 — GENERAL EXTERIOR PAINTING 315-1 SURFACE PREPARATION 315-1.1 General Comply with manufacturer's written instructions. Remove hardware, covers, plates, and similar items already in place that are removable and are not to be painted. If removal is impractical or impossible because of the size or weight of item, provide surface -applied protection before surface preparation and painting. After completing painting operations, use workers skilled in the trades involved to reinstall items that were removed. Remove surface -applied protection. Clean substrates of substances that could impair bond of paints, including dust, dirt, oil, grease, and incompatible paints and encapsulants. Remove incompatible primers and re -prime substrate with compatible primers or apply tie coat as required to produce paint systems indicated. All surfaces shall be scraped, sanded (wood), pressure washed (non -wood), grinded (metal), patched, filled, or caulked in addition to any other requirements to ensure proper adhesion. No finishes shall be applied if the surfaces do not comply with the product manufacturer's instructions in terms of temperature or humidity. 315-2 PAINT APPLICATION Page SP 14 of 16 315-2.1 General Apply paints according to manufacturer's written instructions. Use applicators and techniques suited for paint and substrate indicated. The number of coats scheduled is the minimum number of coats required. Additional coat(s) shall be applied at no additional cost to the Owner, to completely hide base material, provide uniform color, and to produce satisfactory finish results. Apply coatings without thinning except as specifically required by label directions or required by these specifications. In such cases, thinning shall be the minimum reduction permitted. Paint both sides and edges of exterior doors and entire exposed surface of exterior door frames. Paint entire exposed surface of window frames and sashes. Do not paint over labels of independent testing agencies or equipment name, identification, performance rating, or nomenclature plates. Tint each undercoat to a lighter shade of the finish coat (not to exceed 2 ounces of colorant) to facilitate identification of each coat if multiple coats of same material are to be applied. If under coats or other conditions show through topcoat, apply additional coats until cured film has a uniform paint finish, color, and appearance. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color breaks. Paint the following where exposed to view: 1. Other items as directed by the Engineer 315-2.2 Material Compatibility Provide products listed or approved equal. Provide materials for use within each paint system that are compatible with one another and substrates indicated, under conditions of service and application as demonstrated by manufacturer, based on testing and field experience. For each coat in a paint system, provide products recommended in writing by manufacturers of topcoat for use in paint system and on substrate indicated. Provide materials that comply with VOC limits of authorities having jurisdiction. The use of colorants containing hazardous chemicals, such as ethylene glycol, is prohibited. Examine substrates and conditions, with Applicator present, for compliance with requirements and other conditions affecting performance of Work. Verify suitability of substrates, including surface conditions and compatibility with existing finishes and primers. Proceed with coating application only after unsatisfactory conditions have been corrected. Page SP 15 of 16 Colors shall be similar to existing and selected by the Contractor. Colors to be approved by the Engineer prior to commencing work. 315-2.3 Cleaning and Protection At the end of each workday, remove rubbish, empty cans, rags, and other discarded materials from Project site. After completing paint application, clean spattered surfaces. Remove spattered paints by washing, scraping, or other methods as determined by the Contractor. Do not scratch or damage adjacent finished surfaces. Correct any damage to the existing site by cleaning, repairing, replacing, and refinishing, as approved by Engineer, and leave in an undamaged condition. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to all establishments whose access will be impacted by construction operations, particularly sidewalk construction. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Page SP 16 of 16 APPENDIX A - PHOTOS Page 1 of 13 CIVIC CENTER *Select photos around Civic Center. Please refer to contract documents for complete description of work. Civic Center Exterior —Community Room Page 2of13 Civic Center Exterior — East Side Facing Parking Structure Page 3 of 13 Typical Civic Center Exterior Wood Page 5 of 13 CENTRAL LIBRARY *Select photos around Central Library. Please refer to contract documents for complete description of work. Central Library — Main Entrance Looking West Page 6 of 13 ,i'• t 'tili ypH'z.••,,.�. Central Library — Main Entrance Looking East Central Library — Building Exterior Surfaces, Donor Plaques, Stone Veneers, and Trellis Page 7 of 13 06 Central Library — North Side Central Library — Overhead Door Page 8 of 13 Central Library — Building Exterior Damages Around Overhead Door Page 9 of 13 I Central Library — Building Exterior Surfaces, Sunshades, and Trellis Central Library — Underneath Steel Gusset Plate Page 10of13 CARROLL BEEK COMMUNITY CENTER *Select photos around Carroll Beek Community Center. 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'+Pow wwln� - nJsUeo a•o�crlwe�\��\sa srvsae-� awnna .n+Ru� emz�zoz�mmf�s3urvarmlUlmwro ��z.u�n>on��Ww�sveea�•A•n\+ tlA co a o x� U Ir � �w zgg _ 1 U z w w W Z o 3 a� f �-d•,111 - a£ N u a g 1 i z Q 09 1 > �r RE � 1 r e Ll o� ` a � w \ U Z 1 7 I F a 1 I ....___....... od 6 , ig z f Z n n - c o zt z @2 wIt �\ .� .. . .... 0 a. . .. . . /§k k§!Gi / �{0\ .... ... ... .�. ... . .... . �E/ %\2 {E ;o ........... mI [2 � ... . � ... � .�... ......; +. -�. ; . . .. .. ( | (. . ....... .>�. . .....� . § 2025-2026 CITYWIDE PAINTING PROJECT CONTRACT NO. 9861-1 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 DIMITRIOS KOSTANTINOS TANTAROS doing business as ("dba") D AND T PAINTING ("Contractor"), whose address is 1775 Cork Oak Lane, Manteca, CA 95336, 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 preparing mock-ups for City approval prior to commencing work for each work location and for differing painting surfaces, removing cracked, peeled, and nonadherent paint; removing rust, dirt, or bird droppings; repairing and patching damaged exterior surfaces; cleaning, preparing, and painting exterior surfaces; refinishing stone veneers, removing stone veneers and matching to existing exterior surfaces, and removing existing signs and installing new or refurbished signs as noted on the plans. Exterior surfaces shall include, but not be limited to the following, aluminum trellises, beams, bollards, building surfaces, CMU walls, downspouts, exterior doors, exterior wood roof, fascia, fences and gates, gutters, overhead doors, railings, signages, sunshades, windows, wood surfaces, and additional areas as noted on the plans as specified in the contract documents at the, following locations:, 1. Civic Center (100 Civic Center Drive), 2. Central Library (1000 Avocado Avenue), 3. Carroll Beek Community Center (115 Agate Avenue) (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 9861-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two Hundred Twenty Four Thousand Five Hundred Dollars ($224,500.00). 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 Dimitrios Tantaros 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. DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page 2 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be 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 DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Dimitrios Tantaros Dimitrios Kostantinos Tantaros doing business as D and T Painting 1775 Cork Oak Lane Manteca, CA 95336 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page 4 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774 and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page 5 subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page 6 or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page 7 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page 8 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorneys Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 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. DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page 9 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: i if/ -5 By: O. - `rYl _ &' A on C. Harp 25 City Attorney I1� ATTEST: Date: 1 - 9 —X ZC By: Lena Shumway City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Lauren Kleiman Mayor CONTRACTOR: DIMITRIOS KOSTANTINOS TANTAROS doing business as ("dba") D AND T PAINTING Date: Signed in Counterpart Bv: Dimitrios Tantaros Chief Executive Officer, Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I (11s 1-7-5 By: A ron C. Harp ti5 Ci y Attorney �o ATTEST: Date: Lena Shumway City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Joe Stapleton Mayor CONTRACTOR: DIMITRIOS KOSTANTINOS TANTAROS doing business as ("dba") D AND T PAINTING) Date: I / - 2 5' 2 By: L-� vim'` .1 D Dimitrios Tantaros , S c Lv_ p r c pr "e+Vr- Chief Executive Officer, Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C - Insurance Requirements DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page 11 ORIGINAL ISSUED IN TWO ORIGINAL COUNTERPARTS COUNTERPART NO. ' OF EXHIBIT A CITY OF NEWPORT BEACH BOND NO. PPD0104524 BOND NO. PPDO104524 PREMIUM: INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND THE PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE AND IS SUBJECT TO ADJUSTMENT, LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Dimitrios Kostantinos Tantaros doing business as D and T Painting hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of preparing mock-ups for City approval prior to commencing work for each work location and for differing painting surfaces, removing cracked, peeled, and nonadherent paint; removing rust, dirt, or bird droppings; repairing and patching damaged exterior surfaces; cleaning, preparing, and painting exterior surfaces; refinishing stone veneers, removing stone veneers and matching to existing exterior surfaces, and removing existing signs and installing new or refurbished signs as noted on the plans. Exterior surfaces shall include, but not be limited to the following, aluminum trellises, beams, bollards, building surfaces, CMU walls, downspouts, exterior doors, exterior wood roof, fascia, fences and gates, gutters, overhead doors, railings, signages, sunshades, windows, wood surfaces, and additional areas as noted on the plans as specified in the contract documents at the, following locations:, 1. Civic Center (100 Civic Center Drive), 2. Central Library (1000 Avocado Avenue), 3. Carroll Beek Community Center (115 Agate Avenue), in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, 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 Two Hundred Twenty Four Thousand Five Hundred Dollars ($224,500.00) 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 DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page A-1 Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 21 st day of November 2025 . Dimitrios K. Tantaros DBA D and T Paintin Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety 800 Superior Avenue E. 21 st Floor Cleveland, OH 44114 Address of Surety 866-363-2642 Telephone —`(a lc7 -? 7RA9�2Q I Authorized Sig nature/Title Soto, owner utho ized Agent Signature Julia B. Bales, Attorney -in -Fact Print Name and Title (Corporate Seal) DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page A-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 11 1 !1125 By: �.,VJ.— Aa4n C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page A-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SaV1 `� oq mow.. } ss. On a Z-' 20 2-5 before me, Notary Public, personally appeared N,,; by- a S K• 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. MAN ME BHULLER3 WITNESS my hand a icial seal. COMM. # 2411153 (�j • m NOTARY PUBLIC . CALIFORNIA �* SAN JOAOUIN COUNTY n r c. ff1MM FXPIPFS AIIG. 15. 2n2h-, 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) DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page A-4 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On NOV 2 1 202 Date personally appeared before me, Mariah Giselle Barela, Notary Public Here Insert Name and Title of the Officer Julia B. Bales Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s} is/emssubscribed to the within instrument and acknowledged to me that he/she/they executed the same in #is/her/ Wr- authorized capacity0es), and that by4-tis/herft4e+esignature(-,) on the instrument the person(s� or the entity upon behalf of which the person(s) acted, executed the instrument. MARIAH GISELLE BARELA v = COMM. #2417169 „ NOTARY PUBLIC CALIFORNIA m . ' RIVERSIDE COUNTY My Comm. Expires Sept. 20, 2026 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature —M402 Signal re of Notary Public Vli I IVIVML Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator m nther- Signer is Representing: 02019 National Notary Association Numberof Pages: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n nther- Signer is Representing: 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: Julia B. Bales, Kenneth A. Coate, Jamie Younger, Ashley Register, Stephanie Halpner, Jonathan Cagner, Stephanie D. Fisher and Andrea Paris , of Riverside, CA as its true and lawful Attorney -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said companies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey-in-Fact full power and authority to do and to 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 fill power of substitution and revocation, and all ofthe acts of said Attomey-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power ofAttorney is effective February 13, 2023 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 - Surely, each an employee of AmTmst North America, Inc., an affiliate ofthe Company (the "Authorized Signors"), are hereby authorized to execute 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 of any such Power ofAttorney. RESOLVED, that the signature of any 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 ,111N IIIIIr11i ,<-12 11 By: ••����NS U RgNp•': ....... Printed Nait Sam Zaza = Z;'GO T�.� Q Title: President, Surety Underwriting m aSEAL : 0 ACKNOWLEDGEMENT: ';J•••�F�AWPR�'• ',,,a�110an nR„nnolpe�Oco� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF California COUNTY OF Orange On this 27 day of March - 20 23 , before me, Hoang-Queen 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. 1 certify, under penalty of perjury, under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HOANG-QUYEN P. ►HAM Notary Public - California a Orange County > Signature = Commission # 2432970 K •"� 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 corporations 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. DocuSlgned' 1by; n , BY W �b<e S Barry W. Moses, Assistant Secretary PDA No. N/A 6B6415 7ADE54aC... DocuSignEnvelope ID:3352BFD6-5E9D-4796-837E-C1 E455E653OF Ed. 0323 Signed and sealed this 21st day of November, 2025 No. 4606-0 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Developers Surety and Indemnity Company of California, organized under the laws of California, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, Legal, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the I" day of November, 2017, I have set my hand and caused my official seal to be affixed this IJeday ofNovember, 2017 Dave Jones Insurance Commissioner By Valerie Sarfaty for Joel Laucher Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate ofAuthority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants trade in the application therefor and the conditions contained herein. ISSUED IN TWO ORIGINAL COUNTERPARTS BOND NO. PPDO104524 COUNTERPART NO. OF PREMIUM: $5,051.00 EXHIBIT B THE PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE AND IS SUBJECT TO ADJUSTMENT. CITY OF NEWPORT BEACH BOND NO. PPDO104524 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Newport Beach, (hereinafter referred to as "City") has awarded to Dimitrios Kostantinos Tantaros doing business as D and T Painting, (hereinafter referred to as the "Contractor") an agreement for the: The work necessary for the completion of this contract consists of preparing mock-ups for City approval prior to commencing work for each work location and for differing painting surfaces, removing cracked, peeled, and nonadherent paint; removing rust, dirt, or bird droppings; repairing and patching damaged exterior surfaces; cleaning, preparing, and painting exterior surfaces; refinishing stone veneers, removing stone veneers and matching to existing exterior surfaces, and removing existing signs and installing new or refurbished signs as noted on the plans. Exterior surfaces shall include, but not be limited to the following, aluminum trellises, beams, bollards, building surfaces, CMU walls, downspouts, exterior doors, exterior wood roof, fascia, fences and gates, gutters, overhead doors, railings, signages, sunshades, windows, wood surfaces, and additional areas as noted on the plans as specified in the contract documents at the, following locations:, 1. Civic Center (100 Civic Center Drive), 2. Central Library (1000 Avocado Avenue), 3. Carroll Beek Community Center (115 Agate Avenue), (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 28, 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 Two Hundred Twenty Four Thousand Five Hundred Dollars ($224,500.00), 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 DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page B-1 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. 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. iii. 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. DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page B-2 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. 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 duly executed by the Principal and Surety above named, on the 21 st day of November 2025 . Dimitrios K. Tantaros DBA D and T Painting Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety 800 Superior Avenue E. 21 st Floor Cleveland, OH 44114 Address of Surety 866-363-2642 Telephone (Attach Attorney -in -Fact Certificate) Author, zed Signature/Title (-. owrLQ r n-Fact Julia B. Bales, Attorney -in -Fact Print Name and Title (Corporate Seal) The rate of premium on this bond is $22.50 sliding scale per thousand. The total amount of premium charges is $5,051.00 (The above must be filled in by corporate attorney.) Any claims under this bond may be addressed to: (Name and Address of Surety or Developers Surety and Indemnity Company Agent for Service in California) 800 Superior Avenue E. 21 st Floor Cleveland, OH 44114 DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page B-3 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: IIB9I76 r, By: AryvAttorney n C. Harp Ci NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page B-4 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 Sc, 3 } ss. On W 6V 25 20 Zs before me, Notary Public, personally appeared '�i��-j'Yf�S )L- )a.�l'QYos 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 fficial seal. o�.� MANDEEP BHULLERK COMM. # 2411153 U �Tm NOTARY PUBLIC - CALIFORNIA b®i i . ° SAN JOAQUIN COUNTY n C4IIf OPH�P COMM. EXPIRES AUG. 15, 2026, Signature s a 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) DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page B-5 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On NOV 2 1 7025 Date personally appeared before me, Mariah Giselle Barela, Notary Public Here Insert Name and Title of the Officer Julia B. Bales Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose names} is/ere—subscribed to the within instrument and acknowledged to me that he/she/they executed the same in #+Wher/#Fie+r authorized capacity6es), and that by4-+is/herftl+ei-signatures) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. MARIAH GISELLE BARE, COMM. #2417169 NOTARY PUBLIC - CALIFORNIA s RIVERSIDE COUNTY ,? My Comm. Expires Sept. 20, 026 2 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature nA� Signat re of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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: Julia B. Bales, Kenneth A. Coate, Jamie Younger, Ashley Register, Stephanie Halpner, Jonathan Cagner, Stephanie D. Fisher and Andrea Pads , of Riverside, 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 fill 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 February 13, 2023 and shall expire on December 31, 2025. This Power ofAttorney 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 Cmig Dawson. Executive Underwriter. Surety, each an employee of AmTrust North America, Inc., an affiliate ofthe Company (the "Authorized Signors"), are hereby authorized to execute a Power of Attorney, qualifying attorey(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary ofthe Company be, and each of them hereby is, authorized to attest the execution of any such Power ofAttorney. RESOLVED, that the signature of any 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 DNS S U R/�� °0a� e ,°°°° �.( AND 7N By. ��;•O�pORq�,C� JQ'G0FLP0/�yT �:�� Printed Nan Sam Zaza 0 ' G F' C) .-"Z O' 2 Title: President, Surety Underwriting ACKNOWLEDGEMENT: SEAL' O ••''�F�A\NPR '• � o °PPy'9 nnna00p°o 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 a= 193 6 OFOO 'a On this 27 day of March , 2023 , before me, Hoang-Quyen Phu Pliant 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, under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 5�ir ry HOAHG-QUYEN P. ►HAM Notary Public - California z Signature' = s Orange County Commission N 2432970 Aso• 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 ofthe respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification. This Certification is executed in the City of Cleveland, Ohio, this March 19, 2023. DocuSignee,d11by: By: W A. S Barry W. Moses, Assistant Secretary POA No. N/A 6B641 56ADEWC... DocuSignEnvelope I D:3352BFD6-5E9D-4796-837E-C1 E455E6530F Ed. 0323 Signed and sealed this 21st day of November, 2025 No. 4606-0 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Developers Surety and Indemnity Company of California, organized under the laws of California, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, Legal, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 1si day of November, 2017, ]have set my hand and caused my official seal to be aped this I" day of November, 2017, Dave Jones Insurance Commissioner By Valerie Sarfaty for Joel Laucher Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursua,-it to the covenants made in the application therefor and the conditions contained herein. EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from bodily injury, property damage, products -completed operations, personal and DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page C-1 advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). Contractor shall submit to City, along with a certificate of insurance, additional coverage as stated in Section 4. Other Insurance Requirements. 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. Contractor shall submit to City, along with a certificate of insurance, additional coverage as stated in Section 4. Other Insurance Requirements. D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted. Contractor shall submit to City, along with a certificate of insurance, additional coverage as stated in Section 4. Other Insurance Requirements. 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 of City, its City Council, boards and commissions, officers, agents, volunteers, employees, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page C-2 B. Additional Insured Status. All liability policies including general liability, excess/umbrella liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its City Council, boards and commissions, officers, agents, volunteers, employees. 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 quired coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. E. Subcontractors. 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. Limits of liability for General Liability in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page C-3 (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page C-4 F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page C-5 maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. DIMITRIOS KOSTANTINOS TANTAROS DBA D AND T PAINTING Page C-6 Khalil, Omar From: Tanya Greggs <tanya.greggs@Ebix.com> Sent: December 17, 2025 7:31 AM To: Setter, Gracie; Khalil, Omar Subject: RE: D and T Painting Certificate of Insurance I[EXTERNAL EMAIL] DO NOT CLICK Finks 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. Thank you Tanya Greggs Client Service .analyst Ebix Inc 678-281-202o ext 2927 Email tanya.greggs@ebix.com I Web www.ebix.com F R TON€ FASTEST COMING COJU17 PANIES BIX RCS From: Setter, Gracie <GSetter@newportbeachca.gov> Sent: Tuesday, December 16, 2025 5:06 PM To: Khalil, Omar <OKhalil@newportbeachca.gov>; Tanya Greggs <tanya.greggs@Ebix.com> Subject: RE: D and T Painting Certificate of Insurance i 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. Tanya, the account number is 9861-1 Thank you, Gracie Setter Assistant Human Resources Analyst City Attorney's Office & Risk Management Office: 949-644-3304 100 Civic Center Drive, Bay 2A Newport Beach, CA 92660 Work Schedule: Mon -Thu 7:00am-5:30pm 000 0 CONFIDENTIALITY NOTICE: The information in this e-mail message is intended for the confidential use of the addressees only. The information is subject to the attorney -client privilege and/or may be attorney work -product. Recipients should not file copies of this e-