Loading...
HomeMy WebLinkAboutC-7810-1 - Coroporate Yard Fence Replacement Project100 Civic Center Drive Newp-)?t Beach, Callfornia 92660 949-644-3005 1949-644-3039 Fax new9ortheadica 3ov May 25, 2022 A2Z Construct, Inc. Attn: Matthew Jafari P.O. Box 80425 Rancho Santa Margarita, CA 92688 Subject: Corporation Yard Fence Replacement Project — C-7810-1 Dear Mr. Jafari: On May 25, 2021, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 26, 2021, Reference No. 2021000345364. The Surety for the contract is Contractors Bonding and Insurance Company and the bond number is RCB0024099. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure * CORPORATION YARD FENCE REPLACEMENT EXECUTED IN DUPLICATE PROJECT, CONTRACT NO. 7810-1 BOND NO, RCB0024099 PREMIUM: $4,330.00 EXHIBIT B PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUS TMEN I BASED ON FINAL CONTRACT PRICE CITY OF NEWPORT BEACH BOND NO. RCB0024099 FAITHFUL PERFORMANCE BOND PREMIUM IS FOR CONTRACT TERM L p AND IS SUBJECT TOADJUSTMENT The premium Charges on this Bond Is $ 4,330.00 BASEDONFINALCONTRACTPRICE being at the rate of $ 25.00/$15.0o PER — thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to A2z CONSTRUCT, INC. hereinafter designated as the "Principal," a contract for _�_ __ in the City of Newport Beach, in strict conformity with the Contract on file with the Office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference, WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and CONTRACTORS BONDING AND _ INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of TWO HUNDRE TWENTY TWOJdQUMN2ANvenJ10 Dollars ( $222,000.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Page B-1 notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 15TH_ day of ___ JULY _,2020 A2Z CONSTRUCT INC. Name of Contractor (Principal) CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 111 PACIFICA, SUITE 350, IRVINE, CA 92618 Address of Surety 949/341-9169 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date By: Aaron C. Harp City Attorney Authorized Signaturef itle .�D Authorized Agent Signature SEE CALIFORNIA NOTARY, ATTACHED MARK D. IATAROLA, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE' ATTACHED ------ _- Page B-2 ACKNOWLEDGMENT' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached.. and not the truthfulness, accuracy, or validity of that document. State of California County of } 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. Wi'rNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared_ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/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 tinder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ------ __—_--- Page 8-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �axaa�ee s 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 DIEGO On 7/15/2020 Date personally appeared before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. IATAROL/ Names) of Signer(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. TRACY LYNN RODRIGUEZ z COMM. # 2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA U MY COMMISSION EXPIRES i( JAN VARY 11, 2024 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 OPTIONAL t re -of koljry Public Completing this information can deter alteration of the document or fraudulent reattachment of this farm 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 Signers) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ IndIVldLIal N Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing:. (02017 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): . ❑ Partner— 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On July 20, 2020 before me, Caitlin Turner , Notary Public (insert name and title of the officer) personally appeared Matthew Jafari --------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person whose name is re subscribed to the within instrument and acknowled ed to me thati she/they executed the same in (ii)her/their authorized capacity(ies), and that by is/her/their signature(g) on the instrument the person(;), or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (� CAITI IN TtJHNEF? (1 '"ws "t Np7AflY P�JBLiCCA!.IrUHN1A n @ �' ° ORANGE COUNTY (rI !Ay Tartu Eap. June 22, 2021 Signature ( �� t.-.-� (Seal) t Att(AWd 1,s fi)Perh(mowu Bond POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, II, 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Mark D. latarola. John G. Maloney,Helen Maloney,Sandra Figueroa Jessica Schmal Tracy Lynn Rodriguez jointly or severally in the City of Escondido , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 21st day of May 2020 . SE A L y _ti Stale ol'Illinois SS County ofPeoria Un this 21st day of May 2020 before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid o Biect of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said��corporation. qq Bid/ y: C0�t,.�•l�-'toaet— Catherine 1). Glover Notary Public CATHERINE O. M I A r OFFIGALSEAL wuc Nday $Yb�lMy Carninhislon m . MI" 24 2021 RlA Insurance Company Contractors Bonding nand, Insurance Company By: ?>? .7?�2 Barton W. Davis Vice President CFR'1'I FICA IT I, the undersigned officer of 121.1 Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full lone and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 1 STH day of jjjj ,.2020 , RIA Insurance Company Contractors Bonding and Insurance Company By: gap,-'m D+C,�, .lelfrey I is Corpn'purate Secretary II4360 11110!1 A0058D 19 July 30, 2021 A2Z Construct, Inc. Attn: Matthew Jafari P.O. Box 80425 Rancho Santa Margarita, CA 92688 Subject: Corporation Yard Fence Replacement Project -C-7810-1 Dear Mr. Jafari: ... .," y�l`3i_`-.i1 tag/ar 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039Fns newportbeachca.9ov On May 25, 2021 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 26, 2021, Reference No. 2021000345364. The Surety for the bond is Contractors Bonding and Insurance Company and the bond number is RCB0024099. Enclosed is the Labor & Materials Payment Bond. Sincerely, j��p} Leilani I. Brown, MMC City Clerk Enclosure CORPORATION YARD FENCE REPLACEMENT PROJECT, CONTRACT NO. 7810-1 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. RCB0024099 LABOR AND MATERIALS PAYMENT BOND EXECUTED IN DUPLICATE BOND NO. RCB0024099 PREMIUM INCLUDED IN PERFORMANCE BOND WHEREAS, the City of Newport Beach, State of California, has awarded to AZZ CONSTRUCT, INC. hereinafter designated as the "Principal," a contract for 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, CONTRACTORS BONDING AND INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Suret "") are held and firmly bound unto the City of Newport Beach, in the sum of TWO HUNDRED NTY TWOTHOUSANDANDB9fi00 Dollars ( $222000.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done.. or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor. then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, In case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond. as required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California. —_.--------- Page, A-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 15TH day of ULY — 2020 . A2Z CONSTRUCT, INC. Name of Contractor (Principal) Authorized Signatureli-itle CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 111 PACIFICA, SUITE 350, IRVINE, CA 92618 Address of Surety 949/341-9169 Telephone APPROVED AS TO FORM: CITY ATTO NEY'S OFFICE Date:--' i � 2 Zz 6 . Tf Authorized Agent Signature SEE CALIFORNIA NOTARY, ATTACHED MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title Aaron C. Harp ��— wMwl�xlw City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED — ---_ __._- _.------ Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and riot the truthfulness, accuracy, or validity of that document, State of California County of On 20_ before me. Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are' subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss, On 20_ before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose 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/herltheir 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 m - (seal) Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identityof the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On SAN DIEGO 7/15/2020 Date before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(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. TRACYLYNN RODRIGUEZ COMM. #2318838 SAN DIEGO COUNTY NOTARY PUBLICGCALIFORNIAZ MY COMMISSION EXPIRES J,A�NUARY11, 2024 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 i ure f No ry Public OPTIONAL - -- Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer - Title(s): _ ❑ Partner- ❑ Limited t7 General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian of Conservator n Other: Signer is Representing: (02017 National Notary Association Signer's Name: _ ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On July 20, 2020 before me, Caitlin Turner , Notary Public (insert name and title of the officer) personally appeared Matthew Jafari --------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the personas') whose name is re subscribed to the within instrument and acknowledg, ed to me tha(F//she/they executed the same in is/her/their authorized capacity(ies), and that by�is/her/their signaturem on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official / seal.6^ 'll'L!NTUm CC ''OMA4... 2,202.148 CU NOlARYPUBLIC-CALJFORNIA —1 ORAMOECOUNrY W a MY Torm Exp. June 22, 2n2 i SignatureCf7��..- r,fryr�., _ (Seal) A�p*kd �unovqu dl n}- Is -} V- 1-0 bo ( i n "i Vo"J fYU14 )30nd. POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Mark D latarola John G Maloney Helen Maloney Sandra Figueroa Jessica Schmal Tracy Lynn Rodriguez, jointly or severally In the City of Escondido , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the 'Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective _ Vice President with its corporate seal affixed this 21st day of MU , 2020 . State of Illinois Courtly of Peoria J SS On this 21st day of May , 2020 , befiuc me, a Notary Public, personally appeared Barton W Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary net and deed of said corporation. By: 1.� •C� Catherine D. Glover Notary- Pubfic CATHERINE D. GLOVER OFFIOIALBEAL roue Natery Pa43010-3laugl uw�,sr Mycksm* MEIglkso Ma h 21 2021 RLI Insurance Company Contractors Bonding and// Insurance Company By: �W W . i Barton W. Davis _- --- Vice President CEIi'1'IFICATE 1, the undersigned ollicer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full liu'ce and eBecl and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof', I have hereunto set my hand and the seal of the RIA Insurance Company and/or Contractors Bonding and Insurance Company this 1 5TH day of J(TTA , 2020 . RLI Insurance Cmnpany Contractors Bonding and Insurance Company By: gap,. A 13 +C,10, .lefllcy 1 is -- Cnrporalc Secretary 0 V66" III III III A0058U19 Batch 10445405 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIiI III NO FEE + S H 0 0 1 2 B 5 4 4 2 5$ 202100034536411:02 am 05126121 214 RVV14A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and A2Z Construct, Inc., Rancho Santa Margarita, California, as Contractor, entered into a Contract on August 7, 2020. Said Contract set forth certain improvements, as follows: Corporation Yard Fence Replacement - C-7810-1 Work on said Contract was completed, and was found to be acceptable on May 25. 2021, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Contractors Bonding and Insurance Company. :l7 City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Exec ,vport Beach, California. https://gs.secure-recording.com/Batch/Confirmation/10445405 05/26/2021 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and A2Z Construct, Inc., Rancho Santa Margarita, California, as Contractor, entered into a Contract on August 7, 2020. Said Contract set forth certain improvements, as follows: Corporation Yard Fence Replacement - C-7810-1 Work on said Contract was completed, and was found to be acceptable on May 25, 2021, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Contractors Bonding and Insurance Company. 110 Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Exec M Nport Beach, California. CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 8t" day of July, 2020, at which time such bids shall be opened and read for CORPORATION YARD FENCE REPLACEMENT PROJECT PROJECT NO. 20F02 Contract No. 7810-1 $182,000 Engineer's Estimate Approved by / James M. Houlihan eputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/porta1.cfm?CompanyID=22078 MANDATORY PRE-BID SITE WALK: A mandatory job walk at the Corporation Yard will be conducted for this project on Tuesday, June 23, 2020 at 10:00 a.m., located at 592 Superior Avenue, Newport Beach, CA 92663 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" or "C-13" For further information, call Sharon Garcia, Project Manager at (949) 644-3327 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachea.gov/government/open-transparent/online-services/bids-rf s- vendor-reqistration City of Newport Beach CORPORATION YARD FENCE REPLACEMENT PROJECT Contract No. 7810-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach CORPORATION YARD FENCE REPLACEMENT PROJECT Contract No. 7810-1 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) ,-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 Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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 by the Bid Opening Date (Bid Due Date.) 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. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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 4 be extended by mutual agreement The claimant snail furnish all reasonable documentation to support the claim If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim. shall be made within 60 days after the City issues its written statement B If the claimant disputes the City s written statement or it 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 claire 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 niodiate the remaining disputed portion If mediation is unsuccessful, any remaining disputed poilion 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 m the claim being rejected in its entirety and shall riot 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 rev,�wed. 739539 A BJ ��= //President Contractor's License No. & Classification Authorized Signature/Title 1000012937 6/30/2021 07/08/2020 DIR Registration Number & Expiration Date Date A2Z Construct Inc Bidder 5 City of'Newport Beach CORPORATION YARD FENCE REPLACEMENT PROJECT Contract No. 7810-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be Jointly and severally held and firmly bound to the City of Newport Beach, a .charter city, in the principal sum of TEN PERCENT OF GREATER AMOUNT BID Dollars ($ 10% to be paid and forfeited to the City of Newport beach if the bid proposal of the undersigned Principal for the construction of CORPORATION YARD FENCE RF -PLACEMENT PROJECT, Contract No. 7810-1 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 agrcod that tho death of any suoh Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 26TH day of JUNE 2020. A2Z CONSTRUCT, INC. 7 Name of Contractor (Principal) Aorize Signaturelf'itle CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 111 PACIFICA, SUITE 350 IRVINE, CA 92618 Address of Surety 949/341-9169 Telephone Authorized Agent Signature — MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title (Notary acknowledgment of Principal & SUrcty mast be attached) R 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 Caiifomia County of,� ✓L ss., ' On 11 ,20Zi'` before me, CSC! X1/1_! Nota PuRic, personally appeared Oe , L- e,w r , Who proved to me on the basis of satisfactory eyidenMe t dbe the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capaclty(ies), and that by his/her/their signatures(s) an the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California thatthe foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OP770MAL UUFOPMAT►ON Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfaictory Evidence: Personally Known with Paper Identification Paper Identification Credible Witnesstes) (seal) Thumbprint of Signer ❑ Check here if Cdpao ty(ies) claimed by Signer(s)= no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO President I Vice -President I Secretary / Treasurer Other. Other Information, 7 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 _ _ I 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 helshelthey executed the same in his/her/their authorized capacity(ies), and that by hisiherRheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foragoing paragraph is true: and correct. WITNESS my hand and official seal, Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate veriffes only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) state of california County of _ I 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($) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/herltheir 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 M (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 6/26/2020 before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(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. TRACY LYNN RODRIGUEZ z COMM. # 2318838 SAN DIEGO COUNTY ~ NOTARY PUBLIC -CALIFORNIA MY COMMISSION EXPIRES JANUARY 11, 2024 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 1"' P41 g re f o 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: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual M Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Mark D. Iatarola. John G Maloney Helen Maloney Sandra Figueroa Jessica Schmal Tracy Lynn Rodriguez,jointly or severally in the City of Escondido , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 21 st day of May 2020 . RLI Insurance Company o�o�GANo.NSG,, CC Coll, Contractors Bonding and Insurance Company OPpORq x•992 ���2 . • '••'t1A''. RA cpapo SEAL By: =. SEAL ;',a =ts S Barton W. Davis Vice President . 0, p=`: State of Illinois "�LINC,S.`` ,������NOus�•' SS County of Peoria CERTIFICATE On this 21st day of May 2020 before me, a Notary Public, personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: Catherine D. Glover Notary Public CATHERINE D. GLOVER . w TA o 41 OFFICIAL SEAL ItAfE a Notary mts Public • Sof Ili' AUMM My Commfplon Expiros March 24 2024 I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 6TH day of JUNE , 1020 . RLI Insurance Company Contractors Bonding and Insurance Company By: _ 94" 13 -�c*_ Jeffrey [)Uick Corporate Secretary 0456693020212 A0058D 19 CitV of Newport Beach CORPORATION YARD FENCE REPLACEMENT PROJECT Contract No. 7810-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work :n an amount it, 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 porton of the work Substitution of subcontractors shall be made only in accordancewith State law and/or the Standard Specifications for Public Works Construction as applicable Pursuant to Public Contract Code Section 22300 appropriate securities rr'iay be substituted for any rnomes to be withheld to ensure performance under the Contract The Bidder by signing this designation, certifies that o,us 'iron -i the subcontractors as listed in the Bidders electronic t)id have been used in formulating the bid for the protect and tnat these subcontractors will be used subject to the approval of the Engineer and in accordance with State law No changes may be n adce in these subcontractors except with prior approval of the City of Newport Beach Bidders must also include DIR registration numbers for each subcontractor A2Z Construct Inc//President Bidder Autho�l'=c(, S,ignatt are/l itle 9 City of Newport Beach CORPORATION YARD FENCE REPLACEMENT PROJECT Contract No. 7810-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. idder s Narne A2Z Construct Inc FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE For all public agency projects you have worked on (or are currently working oil) in the past 5 years in excess of $150,000, provide the following information No. 1 Pedestrian Access to Operations Bldg at Santa Ana Bus Base Project NameiNumber P g Project Description Automatic metal security gate, mow curbs, concrete walkways Approximate Construction Dates From 10/21/2020 -f_.0 v 05/18/2020 Agency Name Orange County Transit _Authority Contact Person Alex Janecek Telephone (714) 560-5347 Original Contract Amount $270,000 r anal Contract Amount $ 273,546 If final amount is different from original, please explain (change orders, extra work, etc ) Change Order Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor'? i� yes briefly explain and indicate outcome of dawns No Nut No. 2 Project Narne/Nuniber Tustin Citrus Ranch Park Shade Overhead/Tustin Parks & Recreation Project Description Concrete footing, mow curb, light fixtures, steel shade framing Approximate Construction Dates Frarn 05/06/2019 ?0 10/11/2019 Agency Name __City of Tustin Contact Person Chad Clanton _..-------._Telephone (714) _573 -3332 -- --- Original Contract Amount $138.000i ural Contract Amount $ 145.793 It final amounts different from original please explain (change orders, extra work. etc.) Change Order 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 Nanie/Nirrnber CraycraftP— Restr.Q(L_-- --._._,.__..--------_-------- Project Description Concrete work mow curbs, storm drains sewer line __-- Approximate Construction Dates. From 01/29/2020 To _Onjrlg_-__-____--_._._____._ Agency Narne City of Contact Person fe_�--- --ll--- (949) 470-3085HI_�--- Original Contract Amount $176,085-Frrral Contract Amount S—work in progress 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 ally claims against you/Contractor? If yes briefly explain acd indicate outcome of ularnis No. 6 N/A Project NameiN.iiuber Project Description -- _—-----,-,- ..... ,—_-- Approximate Consbr.rction Dates F ran l o Agency Narne Contact Person ---_ _-- ____Telephone ( ,-------_—__-- Original Contract Amount $-__--,I nal Contract Arnount $ If final amount rs different from original please explain (change orders, extra work. etc ) Did you file any claims against the Agency' Did the Agency file any clamis against you/Contractor? If yes. briefly explain and indicate outcome ofrlaims Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Cgfitr#ctor s current financial conditions A2Z Construct Inc —� ��%/President Bidder Authorized $gn• a effitle 13 MATTHEW JAFARI A2I Construct Inc. NO Box 8042; Rancho Santa Margarita, CA 92688 Phone: (949) 283-5179 Fax: (949) i89-4274 a2zconstructinc2a aol.com License #739539 (Expiration 03/31/2021) DIR# 1000012937 (Expiration 6/30/2021) FID: 933-0943314 Matthew Jafctri is a highly accomplished General Contractor, Owner, and Construction Manager. Ilis company is bonded and insured, and he has an exceptional work ethic. I -le has more than 25 years of proven experience in the construction indust►y in Southern California. PROFESSIONAL PROI'ILE E xpe►-ience includes ret►-otitting with moment frames, anchor ties, infield, concrete fitting and grade beams; new building construction and remodelin", involving concrete block, concrete slab, rebar, foundation, and soil preparation. He is an expert with electrical, plumbing, I IVAC, masonry, framing, drywall, flooring, door & hardware, fire alarm, and security systems. Few of.'his many responsibilities have included purchasing materials, supervision, and coordination with DSA inspectors, owners, architects, subcontractors, and suppliers. He has managed private and commercial projects, as well asfederal, schools, public works, and city agencies. EDUCATION California. State l_iniversity, Long Beach, I_.on , Beach, CA B.S., Compute►- Management, 1989 CERTIFICATES AND LICENSES State ofCalif-ornia Genera) I'ngineenng Contractor "A" License State otCalitornia General Building Contractor "B" License Department of'Labor (DOL) certification f -or successful completion of 30 1 Iour Construction Industry Outreach OSI IA AREAS ()I I:X1'1l:R FISF *I-stimat ing/Bidding *Project plan evaluation and specilication "Solicitation of-suh-contractor- proposals Cost estlmatlrlg *Bid preparation and presentation *Working knowledge oto ADA Regulations *Eltective leadership, time management, and problem solving abilities, ►-esulting in a consistent record oi`on-time on -budget project completion RL:I I�:RI_ NCE:S AVAII.ABLE UPON RFOU "S F City of Newport Beach CORPORATION YARD FENCE REPLACEMENT PROJECT Contract No. 7810-1 NON -COLLUSION AFFIDAVIT State of California ss County of Orange __- 9 Matthew Jafari _ neing first truly sworn deposes and says that ne or sire is _.----------------------.----P._r�sid�.nL of _A2Z_Construct _Inc ----_------__--- the party makir)g the foregoing bid, that the bid is not made in the interest of or on behalf of any undisclosed person. partnership company- assoaauon, organization, or corporation that the bid Is genuine and not colluswe or sham that party making the foregoing bid, that the bid is not made tri the interest of or on behalf of any undisclosed person, partnersn p company, association, organization or corporation, that the bid ,s 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 rnember or agent thereof to effectuate a collusive or sham bid I declare under penalty of penury of the laws of the State of �Yliforrfi�'tt)at the foregoing is trye and correct A2Z Construct Inc Bidder _ authorized Signature[T itle ^ Subscribed and sworn to for affirmed} before ine on this day of _ �— 2020 bY proved to r?ie on the basis of satisfactory evidence to be the person(s) who appeared before me I certify under PENALTY OF PERJURY ;ander the laws of the State of California that the foregoing paragraph is true and correct SEE CALIFORNIA NOTARY, ATTACHED (SFAI_.] 14 Notary Public. My Commission Expires 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 Subscribed and sworn to (or affirmed) before me on this 6th, day of July , 20 20 , by Matthew Jafari----------- ------------------------------------------------------------------------- proved to me on the basis of satisfactory evidence to be the person) who appeared before me. (Seal) t Signature C,�- City of Newport Beach CORPORATION YARD FENCE REPLACEMENT PROJECT Contract No. 7810-1 DESIGNATION OF SURETIES Bidders name A2Z Construct Inc Provide the names, addresses, and phone numbers for all brokers and sureties from, whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Contractors Bonding and Insurance Co.. 111 Pacifica, Ste. 350, Irvine, CA 92618 (Bid Bond) National Liability and Fire Insurance Co.. Appalachian Insurance (Workers Compensation) Number One Insurance. 1711 Beach Blvd., Huntingtom Beach. CA 92647 (Commercial General Liability) Progressive Commercial, United Financial Cas Co. PO Box 94739, Cleveland.. OH 44101 (Commercial Auto Ins.) 15 City of Newport Beach CORPORATION YARD FENCE REPLACEMENT PROJECT Contract No. 7810-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name A2ZCONSTRUCT INC Record Last Five (5) FuUYears Current Year of RouooU 16 Current Record Record Record Record Record Year of for for for for hn/ Recond 3019 2018 2017 2016 2015 Tota1 2020 ! Noo/contracts 2 O 5 O 1 4 28 � Total dollar � Amount of Contracts (in 8148.085 $886.045 $884,953 $1083.941 $00.00O $237,000 $3.940.024 Thouna_dsof3i- 'n__, No o/fata|hies' � 0 O O O O �0 O Noof lost i Workday Cases' O O O O i O | O � O No uflost ! workday cases � | O 0 0 O O 0 U involving / permanent' � transfer to another job or � termination of � / | p�����^^ The information required for these xennS is the same as required for to|urnns 3 to G. Code 10, Occupational Injuries, 3unnrnary—{}cuupaUona| Injuries and Illnesses, OSHA NV 102 16 Legal Business Narne of Bidder A2Z Construct Inc Business Address. PO Box 80425 Rancho Santa Margarita, CA 92688 Business Tel. No. 949-283-5179 State Contractor's License No and Classification : 739539 A,B Title President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records Signature of bidder Date Title President Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious narne, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/'joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities ('NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI SEE CALIFORNIA NOTARY, ATTACHED 17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of — Orange On July 6, 2020 before me, Caitlin Turner , Notary Public (insert name and title of the officer) personally appeared Matthew Jafari ------------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person) whose name(a`�'is/ re subscribed to the within instrument and acknowledged to me that(helShe/they executed the same in (hlslher/their authorized capacity(ies), and that by(bis/her/their signature(s) on the instrument the person(,$), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature l t J (Seal) City of Newport Beach CORPORATION YARD FENCE REPLACEMENT PROJECT Contract No. 7810-1 ACKNOWLEDGEMENT OF ADDENDA Bidders name A2Z Construct Inc The bidder shall signify receipt of all Addenda here, if any. and attach executed copy of addenda to bid documents Addendum No. Date Received 06/24/2020 18 Sigr�tt�re a. City of Newport Beach CORPORATION YARD FENCE REPLACEMENT PROJECT Contract No. 7810-1 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. _A2Z Construct Inc Business Address PO Box 80425 Rancho Santa Margarita, CA 92688 Telephone and Fax Number: 949-283-5179 and 949-589-4274 California State Contractors License No. and Class 739539 A,B (REQUIRED AT TIME OF AWARD) Original Date Issued 08/20/1997 Expiration Date 03/31/2021 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 Matthew Jafari, President The following are the names, titles, addresses, and phone numbers of all individuals firr-n members, partners. joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Charlene_ Jafari _.Secretary 63 Via Gatillo R.S.M CA 92688 Matthew Jafari President 63 Via Gatillo, R.S.M, CA 92688 Corporation organized under the laws of the State of California 19 Telephone 949-283-5179 949-283-5179 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows. None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows None 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 I -lave you ever had a contract terminated by the owner /agency" If so, explain Am Have you ever failed to complete a project? If so explain No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for iabor compliance (i e failure to pay prevailing wage, falsifying certified payrolls, etc: )? Yes / No 20 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. A2Z Construct Inc Bidder Matthew Jafari (Print name of Owner,or President of Corpor-atiQn/CQ pany) Authorized Signature/Title President _ Title Date Un -- -- ---- -- betore me -------- Notary PlibliC personally appeared - ----- -_-- who proved to me on the basis of satisfactory evidence to be the persons) 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 treat by his/her/their signatuie(s) on the nstrurnent the persons or the entity upon behalf of which the personis- 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 5EE CALIFORNIA NOTARY, ATTACHED Notary Public in and for said State My Cornmission Expires �1 SEAL_, ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On July 6, 2020 before me, Caitlin Turner , Notary Public (insert name and title of the officer) personally appeared Matthew Jafari ------------------------------------------ who proved to me on the basis of satisfactory evidence to be the personas') whose name( i are subscribed to the within instrument and acknowledged to me that(helshe/they executed the same in (his%her/their authorized capacity(ies), and that by(hislher/their sign'atureW on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) i{ �1 (f,r [ ",i_�L�-i r r_'( CORPORATION YARD FENCE REPLACEMENT PROJECT CONTRACT NO. 7810-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 7th day of August, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH,'a California municipal corporation and charter city ("City"), and A2Z Construct, Inc., a California corporation ("Contractor"), whose address is P.O. Box 80425 Rancho Santa Margarita, California 92688, and is made with reference to the following.- RECITALS ollowing: 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 installing a security fence along the westerly perimeter of the City of Newport Beach Corporation Yard, located at 592 Superior 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. 7810-1, 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 Two Thousand Dollars ($222,000.00). 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 Matthew Jafari to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. A2Z Construct, Inc. Page 2 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 A2Z Construct, Inc. Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Matthew Jafari A2Z Construct, Inc. P.O. Box 80425 Rancho Santa Margarita, CA 92688 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. A2Z Construct, Inc. 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 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. A2Z Construct, Inc. Page 5 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 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). A2Z Construct, Inc. Page 6 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. 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. A2Z Construct, Inc. Page 7 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. 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. A2Z Construct, Inc. Page 8 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 Controllinq Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. A2Z Construct, Inc. Page 9 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] A2Z Construct, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: `zl.9/00e-0 By: /l/k, 4_1� By - Aaron C. Harp c4k o-�-tfIzO Will O'Neill City Attorney Mayor ATTEST: CONTRACTOR: A2Z Construct, Inc., a Date: . 0`YJ California corporation Date: Signed in Counterpart By: By: Leilani I. Brown Matthew Jafari City Clerk Chief Executive Officer/ President Date: Signed in Counterpart By: Charlene Jafari Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements A2Z Construct, Inc. 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: 1 zv By: / 1�e-, Aaron C. Harp City Attorney ATTEST: Date: go Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Will O'Neill Mayor CONTRACTOR: A2Z Construct, Inc., a Caforn' (ration Date: R�& NO Chief Executive Officer/ President Date: N-5 By: Charlen afar Secreta [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements A2Z Construct, Inc. Page 11 CORPORATION YARD FENCE REPLACEMENT PROJECT, CONTRACT NO. 7810-1 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. RCB0024099 LABOR AND MATERIALS PAYMENT BOND EXECUTED IN DUPLICATE BOND NO. RCB0024099 PREMIUM INCLUDED IN PERFORMANCE BOND WHEREAS, the City of Newport Beach, State of California, has awarded to A2Z CONSTRUCT, INC. hereinafter designated as the "Principal," a contract for 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, CONTRACTORS BONDING AND INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of TWO HUNDRED TWENTY TWO THOUSAND AND 00/100 Dollars $222,000.00 lawful money of the United States of America, said Sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California, The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims Linder Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Page A-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 15TH — day of DULY 2020 A2Z CONSTRUCT, INC. Name of Contractor (Principal) CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 111 PACIFICA, SUITE 350, IRVINE, CA 92618 Address of Surety 949../,341-9169 Telephone APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date: `c3 13 Zv )y 'KI jee 0 Authorized Agent Signature SEE CALIFORNIA NOTARY, ATTACHED MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title By:—, 9j4-61— �r t%M614alp Aaron C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } 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 docurrient. State of California (seal) County of Iss, 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 QP PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ___-- Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 7/15/2020 Date personally appeared before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. IATAROLA Nome(s) of Signer(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. TRACY LYNN RODRIGUEZ Z COMM. # 2318838 Q SAN DIEGO COUNTY - NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUAWY 11, 2024 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 �AJQ,2�. i uref No ry 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: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual In Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On July 20, 2020 before me, Caitlin Turner , Notary Public (insert name and title of the officer) personally appeared Matthew Jafari --------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person whose name is re subscribed to the within instrument and acknowledged to me tha e/ he/they executed the same in Is is� her/their authorized capacity(ies), and that by her/their signature on the instrument the person 4,a'S, or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CAITLIN TU I, � mo`'`w; � �.• COMM ... 22U29 U NOTARY PUBLIC-CALIEORNiA CI) ORANGE COUNTY b) `i ,�,u;,P My Tenn Ezp. June 22, 2021 Signature !�O_r (Seal) A%6j-d is -for Labor cm d MMe ails Njo-xA 5ond- 9 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Mark D. Iatarola. John G. Maloney. Helen Maloney. Sandra Figueroa Jessica Schmal Tracy ynn Rodriguez, jointly or severally in the City of Escondido , State of California its true and lawful Agent(s) and Attorneys) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 21st day of May , 2020 . `',,,,111111#,,,,, RLI Insurance Company 0Oa0�GAND: �SG9 �.y�PP►rCf Cp,Contractors Bonding and Insurance Company @y opPOq,� •• 9y moo. 4 r� T�,':p� _ �� : •GORPORg_ Y' SEAL '`;' = SEAL .� By: y a Barton W. Davis Vice President oo • : ve`, State of Illinois l ;41NOIS %•,,,�1 ��Np;s�o• } County of Peoria JJJ SS CERTIFICATE On this 21 st day of May 2020before me, a Notary Public, personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By. 6&v� t,, .c -`W - Catherine D. Glover Notary Public CATHERINE D. GLOVER NDTARY OFFICIAL SEAL sr�tEIc OF Notary Public • Stats of IBirais� ansa My Commission Expinr March 24 2024 I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 1 STH day of JULY —2020 . RLI Insurance Company Contractors Bonding and Insurance Company By: �/3 +C*. Jeffrey is Corporate Secretary 04566930203/2 A0058D 19 * CORPORATION YARD FENCE REPLACEMENT EXECUTED IN DUPLICATE PROJECT, CONTRACT NO. 7810-1 BOND NO. RCB0024099 {,,,; �j �y PREMIUM: $4,330.00 EXHIBI'i}' B PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE CITY OF NEWPORT BEACH BOND NO. RCB0024099 FAITHFUL PERFORMANCE BOND PREMIUM IS FOR CONTRACT TERM Bond IS SUBJECT TO ADJUSTMENT The premium charges on this Bond is $ 4,330.00 BASED ON FINAL CONTRACT PRICE being at the rate of $ 25.00/$15.00 PER thousand of the Contract prig. WHEREAS, the City of Newport Beach, State of California, has awarded to A2Z CONSTRUCT, INC. hereinafter designated as the "Principal," a Contract for * in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference, WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surely"), are held and firmly bound unto the City of Newport Beach, in the sum of TWO HUNDRE TWENTY TwQjmmm AA DoonooDollars ( $222,000.00 ) lawful money of the United States of America, said surn being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executers and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Band, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations can this Bond, and it noes hereby waive Page B-1 notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the, Principal and Surety above named, on the 15TH day of JULY 2020 A2Z CONSTRUCT, INC. Name of Contractor (Principal) 'AMh6gA6&81—gn'aV6 re/Title CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 111 PACIFICA, SUITE 350, IRVINE, CA 92618 . . .. ..... ........... .... ....... .............. .................................... . ........ ....... . .. .......... . ..... ..................... . Address of Surety 949/341-9169 Telephone APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date: /�%' D. Authorized Ageht Signature SEE CALIFORNIA NOTARY, ATTACHED MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title By: .. . ....... CNIA Wkl,110 Aaron C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED .......... ............... . Page B- ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss, On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the; same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy; or validity of that document. State of California County of I ss. On 20before 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 hislher/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 acrd correct. WITNESS my hand and official seal. Signature (seal) Page CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 7/15/2020 Date before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(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. TRACY LYNN RODRIGUEZ COMM. # 2318838 Z SAN DIEGO COUNTY ' NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES '- JANUARY 11, 2024 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. S Signature n t if o ty 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: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual M Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On July 20, 2020 before me, Caitlin Turner , Notary Public (insert name and title of the officer) personally appeared Matthew Jafari -------------------------------------------------- MN I - who proved to me on the basis of satisfactory evidence to be the person whose name is re subscribed to the within instrument and acknowled ed to me thateshe/they executed the same in is er/their authorized capacity(ies), and that by his her/their signatures`) on the instrument the person), or the entity upon behalf of which the persona`) 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. n<wa CAITLIN Ti�fvl*R WITNESS my hand and official seal. t �; CD •' �a COMM ..2202148 � . ' NOTARY PUE6C�CALIFORMA ORANGE COUNTY L11 / MY faun Exp. JURO 22, ?021 Signature (Seal) Atta A &tU a Wkd q mjy' fi •s fur �ai�h fu�l der f Ur m axe eg o n d POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Mark D. Iatarola. John G. Maloney. Helen Maloney Sandra Figueroa Jessica Schmal Tracy Lynn Rodriguez, jointly or severally in the City of Escondido , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 21st day of MU , 2020 . AG AND ,vsG9 F . M State of Illinois) ',� 1N0;5,• } County of Peoria J SS On this 21st day of May, 2020 , before me, a Notary Public, personally appeared Barton W. Davi , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By; 0_0�. . &_a Catherine D. Glover Notary Public CATHERINE D. GLOLER .► ,ggpy OFFICIALSEAL Ram Notary Public -Sfat! of L%fKilE #TAFF Of ,u,vas My Commbtlon Expiry March 24 2024 RLI Insurance Company Contractors Bonding and Insurance Company By: -6-/ i ftp .'I Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 1 STH day of JULY , 2020 . RLI Insurance Company Contractors Bonding and Insurance Company By: QdkLAA '✓ +C -K Jeffrey DUickf U V 9 -/Corporate Secretary 04566930202/3 A0058D19 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than 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. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an A2Z Construct, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten A2Z Construct, Inc. Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be A2Z Construct, Inc. Page C-3 entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. A2Z Construct, Inc. Page C-4 K. Maintenance of General Liability Coverage. Contractor agrees to 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. A2Z Construct, Inc. Page C-5 City of Newport Beach CORPORATION YARD FENCE REPLACEMENT PROJECT Contract No. 7810-1 PROPOSAL (Contractor shai'l sabow propos /s vla the PROPOSAL (Bid Lyne Items) contained tri PlanetBlds Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen The undersigned declares that he 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 7810-1 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. 07/08/2020 Date (949)283-5179 ___L9_49)589-4274 Bidder's Telephone and Fax Numbers 739539 A, B__ Bidder's License No(s). and Classification(s) 1000012937 DIR Registration Number Bidder's email address A2Z Construct )6c Bidder I/President Bidder's A t o�ed Signature and Title PO Box 80425 Rancho Santa Margarita, CA 92688 Bidder's Address a2zconstructinc2@aol.conn PR- i City of Newport Beach page t Corporation Yard Fence Replacement Project (7310-'1), bidding on July 3, 2020 1C.00 AM (Pacific) Pr ntea 07 08/2021 Bid Results Bidder Details Vendor Name a2zconstruc.t Address Po box 80425 Rancho Santa Margarita, CA 92688 United States Respondee Matthew Jafari Respondee Title President Phone 949-283-5179 Ext. Email a2zconstructinc2@aol com Vendor Type License # 739539 CADIR Bid Detail Bid Format Electronic Submitted July 8. 2020 9:13 33 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 218250 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Package Cor pYardBidPk9 pdf General Attachment Bis Bond CorpYardBidBond.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization, Demobilization LS 1 520,000 06 S20-GGO OC 2 Remove Existing Chainlink Fence and Gate LS 1 S18,000-OC 518 COO OC 3 Furnish and Install 10-Foot High Cochrane ClearVu Mesh Panels Invisible Wall (Moss Green or Equal) LF 500 $16006 580.000 OC 4 Furnish and Install 10-Foot Long Cochrane Taper Locking Galvanized Post (Moss Green or Equal) EA 50 5600 00 S30,000 CC 5 Furnish and Install 4-Inch High Toughened Steel Cochrane Castle Spikes Topping or Equal LF 500 S40 00 S20 GGO GC City of Newport Beach Page 2 Corporation Yard Fence Replacement Project (7810-1), bidding on July 8, 2020 10 00 AM (Pacific) P-ratee 0708/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Furnish and Install 10 -Foot `Nide Cochrane Double Swing Gate (Moss Green or Equal per Manufacturer's Specifications) EA 1 S15,00000 515.060 OG 7 Expose and Relocate Existing 12 -Inch HDPE SD Including Bedding and Backfill LS 1 $3,000.00 53 000 00 8 Remove Brush and;or Trim BrUsh,Trees LS 1 $4,000 OG S41O00 CC g Remove and Dispose Tree (Allowance) EA 4 $5,000 OG 520,OGO OG 10 Construct Anti -Burrow Concrete Sill LF 500 $20 OG S10 000 OC 11 Provide As Build Record Drawings Fixed 1 $2,000.00 S2.00O OC Subtotal $222,000.00 Total $222,000.00 Subcontractors Name & Address Description License Num CADIR Amount Type Page 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 CORPORATION YARD FENCE REPLACEMENT PROJECT CONTRACT NO 7894-1 DATE: 2`>` BY)C- y Engineer TO: ALL PLANHOLDERS The following changes additions, deletions, or clarifications shall tit ,t-,ide to the ! Page 2 of 2 _onstrUCtlon note added to say E3EGIN Ct.)NGRE It SILL 30' NASI LATE POST TO AVOID SD' TERMINATION OF CONCRETE SILL AT THE GATE POST: Construction note added to say 'FND CONCRETE SL L. A' ;,ATE POST" 3 MODIFIED EXISTING CATCHBASIN OPENING AT THE DOUBLE SWING GATE Construction note added to say, OVERLAY EXISTING CA7CHBASIN VVITH 4 THICK C-3250 CONCRE iE AND CONTINUE OVERLAY ON 1 O EXISTING DITCH Al '/o SLOPE FEATHER AND JOIN Ar ROVv AS DIRECTED 3Y FNGINEER AND/OR CITY INSPECTOR ' C. CLARIFICATION: 1 BID Item no. 9 Remove And Dispose Tree (Allowance): rhe current allowance for this line item is for the removal and disposal of four t4; trees Any additional tiee(s) removal and disposal required and directed by the Engineer and/or City Arborist will be performed by the City's tree contractor or processed as a change order 2 SURVEYING: Surveying was not addressed in the Contract Document the property boundary will be set by a Certified Professional Land Surveyor in the State of California This service steal! ,)o provided by the City of Newport Beach prior to the commencement of the: work Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum acid have included full payment in my Proposal. A2Z Construct Inc Bidder's Name (Please Print) 07/08/2020 Date `///President Authorized rgri ture & Title Attachments: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CORPORATION YARD FENCE REPLACEMENT PROJECT PROJECT NO. 20F02 CONTRACT NO. C-7810-1 PART I - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-7.2 Working Days 5 6-7.4 Working Hours 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6 7-1.2 Temporary Utility Services 6 7-7 COOPERATION AND COLLATERAL WORK 7 7-8 WORK SITE MAINTENANCE 7 7-8.4 Storage of Equipment and Materials 7 7-8.4.2 Storage in Public Streets 7 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 8 7-10 SAFETY 8 7-10.4 Safety 8 7-10.4.1 Work Site Safety 8 7-10.5 Site Security 9 7-15 CONTRACTOR'S LICENSES 9 7-16 CONTRATOR'S RECORDS/AS-BUILT DRAWINGS 9 SECTION 9 - MEASUREMENT AND PAYMENT 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment. 11 PART 2 - CONSTRUCTION MATERIALS 12 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 12 201-1 PORTLAND CEMENT CONCRETE 12 201-1.1 Requirements 12 201-1.1.2 Concrete Specified by Class and Alternate Class 12 201-2 REINFORCEMENT FOR CONCRETE 12 201-2.2 Steel Reinforcement 12 201-2.2.1 Reinforcing Steel 12 SECTION 206 — MISCELLANEOUS METAL ITEMS 12 206-7 SECURITY FENCING 12 206-7.1 Cochrane ClearVu Invisible Wall 12 206-7.1.1 General 12 206-7.1.2 Scope 12 206-7.1.3 Submittals 13 206-7.1.4 Products 13 PART 3 - CONSTRUCTION METHODS 16 SECTION 300 - EARTHWORK 16 300-1 CLEARING AND GRUBBING 16 300-1.3 Removal and Disposal of Materials 16 300-1.3.1 General 16 300-1.3.2 Root Pruning and Tree Trimming 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CORPORATION YARD FENCE REPLACEMENT PROJECT PROJECT NO. 20F02 CONTRACT NO. C-7810-1 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. B -5280-S); (3) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page 1 of 18 At the time of the award and until completion of work, the Contractor shall possess a "A" license and/or Fencing Contractor "C-13" 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 installing a security fence along the westerly perimeter of the City of Newport Beach Corporate Yard. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. Page 2 of 18 3-3.2.3.2 Work by a Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided 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. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Page 3 of 18 Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, Page 4 of 18 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 additional, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 15 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. The Contractor shall ensure the availability and deliver 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 for 100 percent completion of work. 6-7.2 Working Days The following days are designated City holidays and are non -working days: 1. January 1 It (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-7.4 Working Hours Normal working hours are limited to 7:30 a.m. to 4:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first Page 5 of 18 obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans with all the field revisions to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. 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 $1500.00. 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. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Page 6 of 18 Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. The Contractor at all times is prohibited from interfering with the business and/or operation of the Waste Transfer Station located adjacent to the proposed security fence system. The construction work area shall remain clear of the path of travel of the City refuse vehicles at all times. Any construction activity and/or material shall not obstruct or hinder the City's refuse collection activities. If there is a conflict in the field, it is the Contractor's responsibility expeditiously notify and coordinate with the Engineer. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may be stored onsite in the City Yard clear from obstructing path of travel from City refuse vehicles and shall be approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control Page 7 of 18 Surface runoff water, including all water used during saw -cutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com. 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: 1. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. 2. Checking construction vehicles for leaking fluids. 3. Providing a controlled area for cleaning or rinse -down activities. 4. Monitoring construction activities. 5. Minimizing usage of water when saw -cutting and vacuum the residue. 6. Providing measures to capture or vacuum -up water contaminated with construction debris. 7. Removing any construction related debris on a daily basis. 8. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 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. Page 8 of 18 7-10.5 Site Security The Contractor shall at all times be responsible for site security during the entire construction period. The Contractor shall secure the perimeter of the work area with temporary security fencing to control access onto the jobsite. At the end of each work day, the Contractor shall secure and lock down the construction site prior to leaving the jobsite for the day. 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a valid "A" license or a valid "C-13" license. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRATOR'S RECORDS/AS-BUILT DRAWINGS A stamped full size set of approved plans and specifications shall be on the job site at all times. In addition, 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 bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. 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. SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General 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 9 of 18 Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, providing submittals, bonds, insurance and financing, attending all meetings; establishing a field office (if necessary); providing and maintaining 6 -foot high construction chain link fence screened, preparing the BMP Plan and construction schedule; and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removing construction chain link fence and all USA markings, restoring pavement surfaces to pre -construction conditions and providing any required documentation as noted in these Special Provisions. Item No. 2 Remove Existing Chainlink Fence and Gate: Work under this item shall include, but not be limited to, removing existing chainlink fence, double swing gate, posts foundation and associated hardware disposal of material by City approved licensed and Franchised Commercial Solid Waste Haulers. Work under this item shall also include furnishing and installing a 2" galvanized fence post to terminate and fasten the existing fence at the south end of the project. Item No. 3 Furnish and Install Cochrane ClearVu or Equal Security Fence: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing ClearVu Invisible Wall (Moss Green) or equal mesh panel 10 -feet 10 -inches wide and 10 -feet high from ground level; mesh shall be galvanized then Marine Fusion Bond coated; top of panel shall allow for Cochrane Castle Spike topping or equal and all other work items as required to complete the work in place. Item No. 4 Furnish and Install Cochrane Taper Locking Post and Foundation or Equal: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing Cochrane Taper Locking Post (Moss Green) and Post Foundation per details in the Contract Documents or equal sealed with galvanized steel caps; posts shall be galvanized then Marine Fusion Bond coated and all other work items as required to complete the work in place. Item No. 5 Furnish and Install Cochrane Castle Spike topping or Equal: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing Cochrane 4 -inch high toughened steel Castle Spike topping (Moss Green) or equal affixed to the top panel and affixed to the top of the Double Swing Gate and all other work items as required to complete the work in place. Item No. 6 Furnish and Install Cochrane Double Swing Gate or Equal: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for furnishing and installing Cochrane Taper Locking Post (Moss Green) or equal sealed with steel caps; posts shall be galvanized then Marine Fusion Bond coated and all other work items as required to complete the work in place. Item No. 7 Expose and Relocate Existing 12 -Inch HDPE Storm Drain Including Bedding and Backfill: Work under this item shall include, but not be limited to, providing all the necessary labor, equipment, and materials for trenching and shoring; Page 10 of 18 exposing, excavating, backfilling and compacting excavation to relocate the existing 12 - inch HDPE storm drain line and extend to existing V -ditch; protecting existing utilities; and all other work items as required for performing the work complete and in place. Item No. 8 Remove Brush And/Or Trim Brush/Trees: Work under this item shall include, but not be limited to, providing all the necessary labor, equipment, and materials for removal of and/or trim existing brush in conflict with the proposed fencing system alignment and/or trim existing trees in conflict with the proposed fencing system alignment as directed by the Engineer and/or City Arborist; disposing of excess materials; restoring surface to match adjacent area; and all other work items as required for performing the work complete and in place. This work shall be limited to areas directly adjacent to the proposed fence alignment as indicated on the Contract Document. Item No. 9 Remove And Dispose Tree (Allowance): Work under this item shall include, but not be limited to, providing all the necessary labor, equipment, and materials for removal of existing trees in conflict with the alignment of the proposed fencing system as directed by the Engineer and/or City Arborist; disposing of excess materials; restoring surface to match adjacent area; and all other work items as required for performing the work complete and in place. This work shall be limited to areas directly adjacent to the proposed fence alignment as indicated on the Contract Document. 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 Engineer's discretion. Item No. 10 Construct 1 -Foot deep 6 -Inch wide Anti -Burrow Concrete Sill: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for constructing 1 -feet deep 6 -inch wide anti -burrow concrete sill, grading and compacting subgrade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Anti -burrow concrete sill shall be placed on -center with proposed fence alignment and finished grade for anti -burrow concrete sill shall be flushed with existing ground. Item No. 11 Provide As -Built Record Drawings (Fixed): Work under this item shall include all actions necessary to provide as -built record drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. The as -built drawings may be provided in the digital format (PDF file). An amount of $2,000.00 is determined for this bid item. The intent of this preset amount is to emphasize to the Contractor the importance of as -built drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. Page 11 of 18 PART 2 - CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. SECTION 206 — MISCELLANEOUS METAL ITEMS 206-7 SECURITY FENCING 206-7.1 Cochrane ClearVu Invisible Wall The Contractor shall remove existing chainlink fence and double swing gate, relocate 12" HDPE SD, furnish and install Cochrane 10 -feet high ClearVu Invisible Wall fence system to include posts and post foundation, gate, lock and Cochrane Castle Spike topping or approved equal. Contact: Cochrane USA, Ryan Kalin at RKalin@cochraneusa.com or (213) 705-6022 or 6080 Center Drive, Suite 670, Los Angeles, CA 90045. 206-7.1.1 General The following specifications are for Cochrane ClearVu Invisible Wall. 206-7.1.2 Scope This section covers material requirements and installation of the Cochran ClearVu Invisible Wall security fencing and gate or approved equal required for this project. The fence system shall be furnished, installed, make Page 12 of 18 adjustments, and test complete fence panels, fence posts and steel caps, gate and lock, Castle Spike toppings, and accessories as required to complete the work in place. The fence, posts, gate and lock, fence topping and other appurtenances shall be the size, type, material and construction as shown on the drawings and specified herein. The fence system shall be the product of one manufacturer having five or more years of experience in the manufacture of similar security fencing system for similar use. 206-7.1.3 Submittals Submittals shall include as a minimum: 1. Certificate of compliance for materials and coatings. 2. Shop Drawings for fence panels, fence posts, gate and lock. 3. Quality control program shall be submitted to the Engineer for review prior to commencement of any work. 206-7.1.4 Products General A. All steel materials shall be of good commercial quality galvanized steel. B. Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615. C. All pipes shall be galvanized (one piece without joints). D. Furnish moisture proof caps for all posts. E. Zinc coating shall be smooth and essentially free from lumps, globs or points. F. Miscellaneous material shall be galvanized then Marine Fusion 2. Fence System A. Top Panel 1) Panel shall be 10 feet 10 inches wide x 4 feet high from Modular Panel Split Rail. 2) Panel aperture size (centers) shall be 3 inches x 21 inches. 3) Panel formation: Panel reinforced with 2 x `V' formation horizontal recessed bands (rigidity), 2 x flanges along sides (internal fixtures — anti vandal , allowing for flush post and panel finish, 48 line wire secure connection, locking recess mechanism). 4) Top and Toe Flanges shall be 2" x 2'/2" flanges, integrated rigid angle. 5) Anti -scale locking devices shall be located on post panel connection. 6) Panel post shall have a flush panel post finish with no climbing aid and no external locking devices. Page 13 of 18 7) Panel shall be affixed to post over 48 line wires using Double bolt comb clamps and Single bolt comb clamps using Anti vandal bolts. 8) Panel and fixtures shall be galvanized then Marine Fusion Bond coated. B. Bottom Panel C. Post 1) Panel shall be 10 feet 10 inches wide x 6 feet high from Modular Panel Split Rail to Natural Ground Level. 2) Panel formation: Panel reinforced with 3 x `V' formation horizontal recessed bands (rigidity), 2 x flanges along sides (internal fixtures — anti vandal , allowing for flush post and panel finish, 48 line wire secure connection, locking recess mechanism). 3) Top and Toe Flanges shall be 2" x 2'/2" flanges, integrated rigid angle. 4) Anti -scale locking devices shall be located on post panel connection. 5) Panel post shall have a flush panel post finish with no climbing aid and no external locking devices. 6) Panel shall be affixed to post over 48 line wires using Double bolt comb clamps and Single bolt comb clamps using Anti vandal bolts. 7) Panel and fixtures shall be galvanized then Marine Fusion Bond coated. 1) Post shall be 10 feet 10 1/8 inches long Cochrane Taper Locking Posts. 2) Post width shall be 3.5 inches tapering to 2 inches with a depth of 3.5 inches. 3) Post shall include "Locking Recess Mechanism" to secure panel edge. 4) Post shall be sealed with galvanized steel caps then Marine Fusion Bond coated. 5) Post finish shall be galvanized then Marine Fusion Bond coated. 6) Post foundation shall be 4 feet x 2 feet in diameter using Portland cement concrete Class 560-C-3250. D. Topping Option 1) 4 -inch high -toughened steel Cochrane Castle Spike topping or equal shall be affixed to top panel edge, internally at 6 inches intervals using Anti vandal bolts. Page 14 of 18 2) Castle Spike topping or equal finish shall be hot dipped galvanized then Marine Fusion Bond coated. E. Double Leaf Swing Gate 1) 10 feet wide by 10 feet in height from ground level. 2) Topping Option for Double Swing Gate shall match topping option of mesh panels. F. Anti -Burrow Concrete Sill 1) 1 foot deep by 6 inch wide concrete sill along the proposed fence. 2) Anti -burrow concrete sill shall be placed on -center with the proposed fence alignment. 3) Anti -burrow concrete sill shall be flushed with existing ground. 3. Materials A. Steel Pipe (ASTM A53): Zinc -coated and seamless. B. Steel (ASTM A36): Carbon structural steel. C. Panel Fabric (ASTM F2453): Welded wire mesh. D. Fittings (ASTM F626): Zinc -coated. E. Reinforcing Steel bars: Grade 60 ASTM 615. 4. Fabrication A. Panel posts shall be fabricated with a flush panel post finish with no climbing aid. B. Double Leaf Swing Gate with Lock 1) Weld all connections and joints to form rigid frames or assembled with corner fittings. 2) Fabricate hinges so that they will not twist or turn under the action of the gate and arranged so that a closed gate cannot be lifted off the hinges to obtain entry. 5. Finishes A. Galvanize: Hot -dip galvanize in accordance with ASTM A653. B. Finish: Manufacturer's standard Marine Fusion Bond Coating. 1) Performance: a) Loss of Adhesion (ASTM D3359): Zero Loss b) Corrosion (ASTM B117): Under -film scribe tested from 1000 hours: 0-0.5mm Page 15 of 18 c) Salt Resistance (ASTM 13117): 20,000 hours with no blistering cracking, corrosion or flaking. d) UV Performance (ASTM G26 and G53): No applicable loss of color, gloss or mechanical properties for 2000 hours or five years in Florida at 113° F by the sea in the sun. C. Color: Moss Green RAL 6005 6. Storage A. It shall be the responsibility of the Contractor to handle, store and install the equipment specified in this Section in strict accordance with the Manufacturer's recommendations. B. Materials shall be protected from exposure to harmful weather conditions and at temperature conditions recommended by Manufacturer. 7. Installation A. Install security fencing and gates plumb and level. B. Accurately fit, align, securely fasten and install free from distortion or defects. C. The following installation standards shall be followed: 1) Applicable OSHA and Cal OSHA regulations. 2) Applicable building and fire code requirements. 3) Manufacturer's installation and warranty requirements. D. Install fence and gate systems according to Manufacturer's installation and warranty requirements. E. Install fencing and gate materials to tolerance recommended by Manufacturer. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http:/inewportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General Page 16 of 18 The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. Remove of existing trees and/or shrubs/brushes that may interfere with the installation of the proposed fence system shall be consulted and approved by the City Arborist and/or Engineer. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Root Pruning and Tree Trimming The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. Tree trimming and root pruning shall be performed as specified in the current ANSI A-300 (Part 8). The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. Contractor shall coordinate any tree removal with the Engineer or City Arborist a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The City Arborist will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City Arborist for inspection. Upon inspection, the City Arborist may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City Arborist. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning Page 17 of 18 a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City Arborist. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. Page 18 of 18 0 = ao ' U LU' W = ' c Z = - LU _ m �m F - LL O - ,- ry W U CD0 0 I T On ROW ROW O CD0 0 I T On ROW ROW O CD OO ,n I T ROW ROW O CD OO -IKE LU From: Reyes, Raymund To: Morgan, Shelby Subject: FW: Compliance Alert -Vendor Number 7810-1 Date: Monday, September 14, 2020 11:59:40 AM Raymund Reyes I Administrative Analyst Public Works Department I City of Newport Beach 100 Civic Center Drive, Bay D, 2nd Floor Newport Beach, CA 92660 949-644-3325 1 rreyes@newportbeachca.gov -----Original Message ----- From: Customer Service <customerservice@ebix.com> Sent: Wednesday, September 09, 2020 12:57 AM To: Reyes, Raymund <rreyes@newportbeachca.gov>; Insurance <insurance@newportbeachca.gov> Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number 7810-1 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 7810-1 A2Z Construct, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.