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HomeMy WebLinkAboutC-7889-1 - Mission Bay Drive Drainage ProjectApril 13, 2022 Bunker Construction, Inc. Attn: Jason Bunker 49299 Cochran Dr. Indio, CA 92201 Subject: Mission Bay Drive Drainage Project — C-7889-1 Dear Mr. Bunker: CITY OF NEWPORT 13EACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039FAX newportbeachca.gov On April 13, 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 April 15, 2021, Reference No. 2021000254389. The Surety for the contract is The Ohio Casualty Insurance Company and the bond number is 024248473. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT Michael D. Stong, Attorney -In -Fact EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 024248473 Bond No. 024248473 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,319.00 being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Bunker Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this Contract consists of the following items and all other incidental work items necessary to complete the work in place. The general project tasks are: 1. Project preparation including submittals, approvals, preconstruction meeting and progress meetings; 2. Setting up traffic control per approved plan; 3. Excavating pipe trench, removing abandoned irrigation system, controlling groundwater, installing filter fabric, installing solid pipe and perforated pipe subdrain, installing concrete bag cutoffs, and backfilling with native material over gravel; 4. Connecting cleanouts to perforated pipe; 5. Connecting area drain, existing slope drains and cleanouts to solid pipe; 6. Only as needed, removing interfering trees and landscaping, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Forty Three Thousand Nine Hundred Eighty Three Dollars ($143,983.00) 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. Bunker Construction, Inc. Page B-1 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 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 27th day of October ,20 20 - Bunker Construction, Inc. dba Bunker Engineering Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (714)937-1400 Telephone thorized Signature/Title Auth tz6d Ag n ignature ' Michael D. Stung, Attorney -In -Fact Print Name and Title Bunker Construction, Inc, Page B-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: IIZo9� Zo By: A01/� for) _. A6ton C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Bunker Construction, Inc. Page B-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ca if rnia y '' County of ss. On O 20 2iJ before me, WV-C Vk 6W W00t, Notary Public, personally appeared jUSG4-j P5l)nl �Q• who proved to me on the basis of satisfactory evidence to be the person((A� whose name(a) is/ao subscribed to the within instrument and acknowledged to me that he/sh0flloyy executed the same in his/h ar/therrr authorized capacity(jo), and that by his/tlet/ttjeff signatures on the instrument the persorl(a'), or the entity upon behalf of which the person(o'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. 1155ETTE VEEASCO MORA — ; WITNESS my hand and official seal i Notary Public - CalllurniaRiverside Courtly Commission # 7300684 My Comm. Expires Aug 15, 2023 5 n lure I (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 Riverside } ss. On October 27 2020 before me, R. Nappi Notary Public, personally appeared Michael D. Stonq 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.*My R. NAPPI q _Notary Public -tornia ,j Riverside Counounty i,J.Commission# 2327975 Comm. Expires Jun 7, 2024Sign t re(seal) Bunker Construction, Inc. Page B-4 This Power pd. Attorney limits the acts of those named herein, and they hava • authority to In a Company except in the manner and to the extent herein 1. Liberty Bond No. 024248473 — i Liberty Mutual Insurance Company MuttwThe Ohio Casualty Insurance Company Certificate No: 8202806 - 969561 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Thal The Ohio Casually Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company Is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Antero Ayala, Daniel Huckabay, Frank Morons, R. Nappi Dwight Reilly Shawma Rozelle Ostrom Ben Stung Michael D Stong all of the city of Orange state of CA each individually If there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations, In pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of (he Companies In their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31st day of December 2019 State of PENNSYLVANIA County of MONTGOMERY ss Liberty Mutual Insurance Company P` 1Na0ypq �tv Wso d lNsup' The Ohio Casually Insurance Company jJ�°os Wvo%Om eyJ i�OSPDs�re�y� v =�0"pOa�rE%O West American Insurance Company 6Y' `J/// �j r a 91912 � o a 1919 � � s 1991 a$ / /AN` ,��/ d�ax1 a*us*ayD O ynauveD'r Y b°uNa� D l a � M• � David M. Carey, Assistant Secretary On this 31st day of December , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and (hat he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. yp Pasr � oNW F COMMONWEALTH OF PENNSYLVANIA 15ae1 . Twp.///l"-\ �°Q`°vV EFzC� nE TT...Pasld.. Notary Publk Npper Marion Twp.. M°nlgwrery County By: AA My Canmlubn Explree Mardi 28. ie21I eresa Paslella, Notary Public U."'.. PenmyN .Neod w0lblaM This Power of Attorney Is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolullons are now In full force and effect reading as follows: ARTICLE IV - OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for (hat purpose in wiling by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obllgalions. Such attorneys -in -fact, subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such Instruments and to attach (hereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any We by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and undertakings. Any officer of the Company authorized for That purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such allorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as solely any and all undertakings,' bonds, recognizances and other surety obligations. Such attorneys -In -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as binding as If signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surely obllgalions. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify [hal the original power of attorney of which the foregoing Is a full, true and correct copy of the Power of Attorney executed by said Companies, is In full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 27th day of October 2020 V INBU°(0(0 1919 � rmaW"uva`�aDO1 a F� LMS -12973 LMIC OCIC WAIL Muni Ca 12119 aB Y• Renee C. I Icwellyn, Assistant Secrelaiy r, P ",LI FOPN June 21, 2021 Bunker Construction, Inc. Attn: Jason Bunker 49299 Cochran Dr. Indio, CA 92201 Subject: Mission Bay Drive Drainage Project -C-7889-1 Dear Mr. Bunker: H)0 1 vp l J, , )I lv" �wwj,„i fly On April 13, 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 April 15, 2021, Reference No. 2021000254389. The Surety for the bond is The Ohio Casualty Insurance Company and the bond number is 024248473. Enclosed is the Labor & Materials payment Bond. Sincerely, a � Leilani I. Brown, MMC City Clerk Enclosure THE FINAL PREMIUM IS Executed in two counterparts. PREDICATED ON THE Bond No. 024248473 FINAL CONTRACT AMOUNT EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 024248473 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Bunker Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this Contract consists of the following items and all other incidental work items necessary to complete the work in place. The general project tasks are: 1. Project preparation including submittals, approvals, preconstruction meeting and progress meetings; 2. Setting up traffic control per approved plan; 3. Excavating pipe trench, removing abandoned irrigation system, controlling groundwater, installing filter fabric, installing solid pipe and perforated pipe subdrain, installing concrete bag cutoffs, and backfilling with native material over gravel; 4. Connecting cleanouts to perforated pipe; 5. Connecting area drain, existing slope drains and cleanouts to solid pipe; 6. Only as needed, removing interfering trees and landscaping, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Forty Three Thousand Nine Hundred Eighty Three Dollars ($143,983.00) 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 Bunker Construction, Inc- Page A-1 obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 27th day of October , 20 20 . Bunker Construction, Inc. dba Bunker Engineering Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (714)937-1400 Telephone Authorized Signature/Title Authorized Agent Signature Michael D. Stong, Attorney -In -Fact Print Name and Title Bunker Construction, Inc. Page A-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: --- Aaron C. Harp City Attorney N07ARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED — - - --__ .-._------------------ Bunker Construction, Inc. Page A-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ss. On t`a . I %', 2J11, 20____ before me, Notary Public, personally appeared } v t t r who proved to me on the basis of satisfactory evidence to be the persons) whose name(gf is/are" subscribed to the within instrument and acknowledged to me that he/sj7e/t4ey executed the same in his/bet/their authorized capacity(os), and that by his/Withdir signatures(syon the instrument the person$), or the entity upon behalf of which the person, 4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal ussEUE VELAsco MORA Notary Public • Callfarnla Riverside County Comm $5 an p 230061/ _ I ' rill, My Comm. Expires Au115, 7013 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 Riverside )ss. On October 27 2020 before me, _ R. Nappi Notary Public, personally appeared Michael D. Stonq 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. R. NAPPI 1 ' ZNotary Public - California ' Riverside County _ Commission N 2327975 Signature Comm. Expires Jun 1, 2024 (Seal)#My Bunker Construction, Inc. Page A-4 This Power r` Attorney limits the acts of [hose named herein, and they have - • authority to 10� Liberty b; a Company except in the manner and to the extent herein I. Liberty [Bond No. 024248473 r Liberty Mutual Insurance Company ]�utum The Ohio Casualty Insurance Company Certificate No: 8202806 - 969561 - SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Thal the Ohio Casually Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporalion duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under [he laws of the State of Indiana (herein collectively called the *Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Arturo Ayala, Daniel Duckabay, Frank Morunes R. Nappi Dwight Reilly Shaunna Rozelle Ostrom, Ben Stong, Michael D. Stung all of the city of Orange slate of CA each Individually if there be more than one named, its true and lawful attorney -In -fact to make, execute, seal acknowledge and deliver, for and on Its behalf as surely and as its art and deed, any and all undertakings, bonds, recognizances and other surely obligations, In pursuance of these, presents and shall be as binding upon the Companies as if they have been duly signed by the president and Misted by the secretary of the. Companies In their own proper Persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31sl day of December , 2019 . Slate of PENNSYLVANIA Courtly of MONTGOMERY ss Lfhefly Mutual Insurance Company tNaugq �VtY fNSV N tNSUR, the Ohio Casualty Insurance Company tiJ xPpPO^re'�c yJ ,p"POq+r �P rpptO"+, 'fes West American Insurance. Company J3 era Q3- °b n yi1812aa o 1919 � s 1991 r+ u m 9 W eb m Yap~°��caos +Di sO '4yauad"gL Y Haaa" Di ej) . 1•� "shl a A� �O'M x Fid By: David M. Carey, Assistant Secretary 0 On this _ 31st day of December , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Llbody Mutual Insurance m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscfibod my name and affixed my notarial seal if King of Prussia, Pennsylvania, on the day and year first above wrfiten. 0ya aS`F A COMMONWEALTH OF PENNSYLVANIA FQ. J*ynnwr,ir C _ r9 NGBIIflI $Bili N ,_i! Teresa Pas -H.. Naixry Public f6 ! Upesl Meow! rwP. Manrgonwry County By: aC P s. y My Commission Expres March 28, 2021 IY- ,�cress Pastolla, Notary Public MCMIar. PnmWytvanN 0. fluuMYm W Nole,W s m This Power of Attorney is made and executed pursuant to and by authorlly of the following By-laws and Aulhorizallons of The Ohio Casually Insurance Company, Liberty Mutual .S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a3 ARTICLE IV - OFFICERS: Section 12. Power of Attorney. Any officer or other official of [he Corporalion authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the. Chairman or the CPresident may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely d any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corpnalfon by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed, such L) instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any mpresentative of attorney -In -fact under the provisions of this article may be revoked al any time by the Board, the Chairman, the President or by (he officer to officers granting such power or aulhori(y. ARTICLE XIII - Execution of Contracts: Section 5 Surely Hands and Undertakings. Any officer of the Company authorized for that purpose In writing by the chili man or the president, and subject to such limitations as the, chairman or the president may prescribe., shall appoint such attorneys -In -fact, as may be. necessary to act In behalf of the Company to make, execute, seal, acknuwledge and deliver as sorely any and all undertakings, bonds, recognizances and other surety obligations. Stich aterneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by thou signature and execution of any such instruments and to attach Iheretn the seal of the Company- When so executed such Instruments shall be as binding as if signed by the president and altested by the seci Mary. Certificate of Designation - Ihe. President of the Company, acting put%tuml to the Bylaws of he Company, authorizes David M. Carey, Assistant Secrelary to appoint such allorneys-in- facl as may be nocossary to art on behalf of the Company to make, execute, seal acknowledge and deliver as surely any and all undertakings, bonds, r .cognlzances and other surely obligallons. Authorization - By ananimni is consent of the Company's Board of Diieclors, Ihe Company consents that Incslmile of mechanically repnxlured si in:dee of any asaslanl secretary of the Company, wherever appoaring upon a certified copy of any power el ulleney issued by the Company in connection with surely bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Rence C Llewellyn, the. undersigned, Assistant Secretary, Tho Ohio Casually Insurance Company, I Iborty Mutual Insurance Company, and West Amelran Insurance Company do hereby codify [hat the. original power of attorney of which the foregoing Is a full, true. and corinrl ropy of the Power of Alimony executed by said Companies, Is fn hill force. and effect and has not been revoked. IN FES FIMONY WHEREOF, I have hereunto sentry hand unci aldixod (he seals of ;aid Companies this 2711, day of October 2020 xjY INSV t• 1NSUg4 _�_j//_�a%t—�/_----_- ._ J °a°oxsr� SOP oa°ani '(r. L�'_ - l� . (Mc)a r° ere n4' +° tee ra i 7919 on 1991 0CAd g gBy: o HaaM°+NdD't Ysa Noraxx oda Reneo C Llewellyn. Assistant Serrclary 1 . 1• M � r LMS -128/3 LMIC OGIC WAI1: Multi Go 12119 Batch 9951762 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 3 Recorded in Official Records. Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIII IIIIIII IIIIII1111III Ihi III NO FEE +$ R 0 0 1 2' 2 9 2 1 3 S+ 2021000254389 10:15 am 04115/21 227 NCR2 N72 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 Bunker Construction, Inc., Indio, California, as Contractor, entered into a Contract on October 13, 2020. Said Contract set forth certain improvements, as follows: Mission Bay Drive Drainage Project - C-7889-1 Work on said Contract was completed, and was found to be acceptable on April 13. 2021, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Af»f / / / Sy 20Z / at Newport Beach, California. BY City Clerk https://gs.secure-recording.com/Batch/Confirmation/9951762 04/15/2021 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 Bunker Construction, Inc., Indio, California, as Contractor, entered into a Contract on October 13, 2020. Said Contract set forth certain improvements, as follows: Mission Bay Drive Drainage Project - C-7889-1 Work on said Contract was completed, and was found to be acceptable on April 13, 2021, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on /�P/ / / I S7 20 Z at Newport Beach, California. BY Pte. A41 ,�(--City Clerk 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 17th day of September, 2020, at which time such bids shall be opened and read for MISSION BAY DRIVE DRAINAGE PROJECT PROJECT NO. 21 R03 CONTRACT NO. C-7889-1 $150,000 Engineer's Estimate Approved by 6/ James M. Houlihan eputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanyiD=22078 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 further information, call Patrick Arciniega, Protect Manager at (949) 644-3347 ---- ------------- BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/government/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach MISSION BAY DRIVE DRAINAGE PROJECT PROJECT NO. 21 R03 CONTRACT NO. C-7889-1 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 MISSION BAY DRIVE DRAINAGE PROJECT PROJECT NO. 21 R03 CONTRACT NO. C-7889-1 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; Contractorshall 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. 3. 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. 0 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. 7. 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 shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. lf3SHloLA3 Cess 4�- 4�� �� Contractor's License No. & Classification thorized SignatureMtle I iX0o0555qS zn-• 03012,1 DIR Registration Number & Expiration Date QcOktVl CanSUG�r1G�1� �y1C Bidder 5 Bond No. CSBA-14982 City of Newport Beach MISSION BAY DRIVE DRAINAGE PROJECT PROJECT NO. 21 R03 CONTRACT NO. C-7889-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Amount of the 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 MISSION BAY DRIVE DRAINAGE PROJECT, Contract No. 7889-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 9th day of September , 2020. Bunker Construction Inc. dba Bunker Engineering' �, ' _— v Name of Contractor (Principal) > l Authorized Signature/Title The Ohio Casualty Insurance Company Name of Surety ------------------- __A`Authoriz6d A Signature 790 The City Drive South, Suite 200, Orange, CA 92868 Michael D. Stong, Attorney -In -Fact Address of Surety Print Name and Title (714) 937-1400 Telephone (Notary acknowledgment of Principal & Sure tV must be attached) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside } On 09/09/2020 before me, R. Nappi Notary Public (Insert name and title of the officer) personally appeared Michael D. Stong who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal�; w • - Notary Pubic - Caiifornia z z '- Riverside County n = ° Commission R 2327975 �gGFOA��' My Comm. Expires Jun 7, 2t)24 Signature � �- �/��;,��'� (Seal) Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Bond No. CSBA-14982 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8202806 - 969561 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Amaro Ayala, Daniel Huckabay, Frank Nlorones, R. Nappi, Dwight Reilly, Shauna Rozelle Ostrom, Ben Ston„ Michael D. Stong all of the city of Orange state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31 st day of December , 2019 Liberty Mutual Insurance Company 4 %NSUp �(V INS& N 14SU q� The Ohio Casualty Insurance Company hJPGePPUR,I�ilCyJP�oaPORy F�y `P GORporgtrF yC West American Insurance Company 1912 1 ME 1991 n dV1 B9CHUg .aa O/yAMPb �a3 �S� NOrANr'Nda By }- ca David M. Carey, Assistant Secretary t6 State of PENNSYLVANIA ,:3hl County of MONTGOMERY ss do O � C N On this 31st day of December , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. P PAS µoHw�aT.��y COMMONWEALTH OF PENNSYLVANIA Notarial Seal OF Teresa Paslella. Notary Public Upper Merion r p., Montgomery County By: ,, dQ My Commission Expires March 28. 2021 eresa Pastels, 'Opq �,q4 Member, PennsylvaniaAssociation orNOGr4es Py This Power of Attorney is made and executed pursuant) to and by authority of the following By-laws and Authorizations of The Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Ohio Casualty Insurance Company, Liberty Mutual Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all Undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of September , 2020 P�' INSUR4 Pv1*1 INS& tiJ `ogpoRgT y0 0J ooµpoRgr yy J 3 Fo fi c 3 �o n �1912yo 0 1919 rd". aSgaHus a o HAMP`�� da erg * I,� dy1 * xxa I.MS-12873 LMIC OCIC WAIL Multi C0_12/19 NX 1NSUR VP oaPo9y Lu f 1991 a - By - Renee C. Llewellyn, Assistant Secretary —H OW aTi E cn 00 _m O _0 C to Oto 1 p to O L 6l o� a� to � >o � N CO N � co C tp 00 0 o t9 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 Cal' ornia Count of ss. On 20 '�' before me, 1 1 CS -P �,�1 S W�'t• Notary blic, personally appeared �1A who proved to me on the basis of satisfactory evidence to be the personXwhose name( is/ape" subscribed to the within instrument and acknowledged to me that he/sj�6/t4e7 executed the same in his/fes/thptt authorized capacity(ieg), and that by his/>dlthot signaturesW on the instrument the personal, 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. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language LISSETTE VELASCO MORA Notary Public - California Riverside County ° Commission # 2300684 My Comm, Expires Aug 15, 2023 (seal) OPTIONAL INFORMATION Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed thp document to which this certificate is attached, an not the truthfulness, accuracy, or validity of that ocument. 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 subscribed to the within, instrument and acknowledged to i in his/her/their authorized capacity(ies), and that by his/h the person(s), or the entity. upon behalf of which the persc the person(s) whose name(s) is/are that he/she/they executed the same their signatures(s) on the instrument 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 documents o which this certificatd. is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ,;`' )ss. On ,' 20 before me, `. Notary Public, p fsonally appeared who proved to n�'e on the basis of satisfactory evidence to be$be subscribed to tl a within instrument and acknowledged to me the in his/her/they authorized capacity(ies), and that by his/her/thee the person( , or the entity upon behalf of which the person(s) a (seal) person(s) whose name(s) is/are he/she/they executed the same signatures(s) on the instrument .ted, executed the instrument. I certify u . der PENALTY OF PERJURY under the laws of the State paragrah is true and correct. WITN)ESS my hand and official seal. Signature L rnia that the foregoing (seal) F City of Newport Beach MISSION BAY DRIVE DRAINAGE PROJECT PROJECT NO. 21 R03 CONTRACT NO. C-7889-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DI registration numbers for each subcontractor. &Y)k�y ConSA-YQG iOn, 1 Vic,Bidder oriz�Signatureffitle 9 City of Newport Beach MISSION BAY DRIVE DRAINAGE PROJECT PROJECT NO. 21 R03 CONTRACT NO. C-7889-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formal Please print or type. Bidder's Name I;Qvlw Vic -, FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 5 years in excess of $150,000, provide the following information: No. 1 Project Name/Number Patw%pr'cr� AquA'�1c. Ce,�i-�� (�-roarn �arkik�orS Project Description gEPLA-C-C YZL-r�?Pcl2Tt�atiS Approximate Construction Dates: From :y4RDOy To: q ! Za2d Agency Name C-1-1 `t OT p*--wi✓-z-T- Contact Person J€NNl P&M NCZ._s&vy Telephone (760) 31i4, Original Contract Amount $ S�Final Contract Amount $ QK 1,5 `� T If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N6 . NO 10 ►MA Project Name/Number CIUI C Ctv7t12 Sn&)e z L ,FITS -7A--7 Project Description ReWtU�;- A- nPrAa S Lt F'- Sr* *rIvyJ GIL) Approximate Construction Dates: From ( IZOW To: Q%2oZa Agency Name CJ � OF IUW -Pol-T 1EA(�;f Contact Person Tom, 6A t>f: ,'- a R— Telephone (Q9J) 6YY - 33z Original Contract Amount $ S 5 `Final Contract Amount $ -341 S�13 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. �No fMa No. 3 Project Description - V -e emeKttic, car -9-, giPe t *(_r_ i/i.t_PGarye i Approximate Construction Dates: From `1 /tO2-6 To: /0 /?gZp Agency Name C 1-N Qr- (-& Q.W l�Vj—,4 Contact Person (2&2(-E�y S 1 tZ2e Telephone (760) 77 7- _702-6 Original Contract Amount $ 77,5'S'S Final Contract Amount $ '77, Sirs If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims agair)st you/Contractor? If yes, briefly explain and indicate outcome of claims. Na,N1k 11 No. 4 Project Name/Number ELCAjpy atcgGLE rBjE<t� r✓Nk�bvc M�'7yCr� Project Description flu %7�-ti-L. A&M tcrAa uke btU&t-E RA5 Approximate Construction Dates: From $ f ZAZ0 To: `I'/Zo2-b Agency Name C t7zf Or et- cA-doP Contact Person f*rL L ps-e/�w�Pr Telephone (Gt j) q `i &i~ 5 - Original Original Contract Amount $� �N2� Final Contract Amount $ I S. 653 If final amount is different from original, please explain (change orders, extra work, etc.) 0(T4 R r ca AX -S TM m l na'(VA-c. i �ea�lc�s 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. ti0 N0 No. 5 Project Name/Number W.Jd :eARlC W. L41- 6. ALL -n( /luPf�6U8� Project Description pemo EPKc vn ti& a 1NSTftt-c- c.u.R8 8 A-CAH4C7- N9-�W[4 LoT' Approximate Construction Dates: From 7120! l To: Agency Name C I]Ey o F f u.c-A-i pp, Contact Person Telephone Telephone (Jo{) 717 -2sC8q Original Contract Amount $! I2.OZ7'Final Contract Amount $ /7-7, 4*3__ 79' If final amount is different from original, please explain (change orders, extra work, etc.) t9MtA Fts2 I N CRZ"U- 8 t b P Te -AA allA-AI TIT) ELS 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 /U o 12 Approximate Construction Dates: From 9 %t To: / 2 L Agency Name CAN OF Yil Cly-! Pi+ Contact Person MtCkAC(. E'ER -L- Telephone -'7ci-7 c4 Original Contract Amount $ Final Contract Amount $ })61 If final amount is different from original, please explain (change orders, extra work, etc.) 01 ry!S Qs—, fin' 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. A/0 Ma Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder razed Signature/Title 13 Jason W. Bunker 49299 Cochran Drive a Indio, CA 92201 a (760) 668-8755 • Jason@Bunker-Engineering.com .PROJECT MANAGER/SUPERINTENDENT Project manager with a 15 -year record of success overseeing all phases of construction and maintenance projects for government, public municipalities and private industries. Experience includes managing projects involving pipeline integrity, mechanical piping, pump stations, general engineering, wastewater treatment and a variety of other construction/demolition projects. Key Skills — Scheduling/CPM — Cost Estimating — Equipment/Material Procurement — Project Tracking & Expediting — Change Order Management — Budgeting & Cost Controls Employer Summary BUNKER CONSTRUCTION, INC. DBA BUNKER ENGINEERING (Indio, CA) — President, 8/17 to Present Manage all phases of contracts and project execution. EDK ENGINEERING AND CONSTRUCTION, INC (Bermuda Dunes, CA) —Project Manager, 11/11 to 8/17 Responsibilities include scheduling, cost estimating, equipment/material procurement, tracking, and expediting. RSH CONSTRUCTION SERVICES (Palm Springs, CA) — Construction Project Manager, 10/09 to 11/11 Responsible for all phases of contract execution, including: scheduling, subcontracting, purchasing, site safety and customer communications. DENBOER ENGINEERING AND CONSTRUCTION, INC. (Thousand Palms, CA) —Project Manager, 3/05 to 9/09 Managed all phases of public works projects including estimating, scheduling, subcontracting, purchasing, and document control. Project Highlights Integrity Management (2011 to 2017) a Budgets: $5001K to $3M Served as project manager for construction and pipeline integrity management projects involving designing and constructing facilities with emphasis on safety and compliance. Water Reservoir & Pump Station Projects (2009 to 2011) a Budgets: $300K to $GM Served as project manager for civil, mechanical, structural and architectural construction at wastewater treatment, water reservoir and pump station sites. Lift Stations for Developer (2006 to 2008) ® Budgets: $1M to $2M Served as project manager alongside municipalities, design/review engineers and developers on lift stations constructed for developing communities. Water Treatment Plant (2006 to 2007) a Budget: $3M to $4M Managed all construction phases of complex water treatment project involving design -build components, electrical coordination, permit application and DHS compliance. Education a Certifications UNIVERSITY OF IDAHO (Moscow, ID) — 1999-2001 Construction Project Management Certificate - AGC (2008) Construction Estimating Course - AGC (2005) CPR and OSHA Training City of Newport Beach MISSION BAY DRIVE DRAINAGE PROJECT PROJECT NO. 21 R03 CONTRACT NO. C-7889-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of 12.f,VEWSA) JtAsoN -&"4V eje. being first duly sworn, deposes and says that he or she is PJZpwtOCW'7— ofzus!(Gci2CoA)2 g&Acxzdryr &JC, , the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State 0 Californi the foregoing is true and correct. Bidder horized Signature[Title Subscribed and sworn to (or affirmed) bef6 a me on this day of S �7, , 2020 by J. prov o me on the basis of satisfactory evidence to be the person(s) who appeared befo e. I certify under PENALTY OF PERJURY under the s of the State of California that the foregoing paragraph is true and correct. [SEAL] Ze 14 Notary Public My Commission Expires: CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ej\p"AL�u • } On17a D before me, Uat c � SCS kkoyk/ eo� tC� LJ i.i�insert name and title of the ortiwr) personally appeared who proved to me on the basis of satisfactory evidence to be the person(/ whose name(Kis/ayesubscribed to the within instrument and acknowledged to me that he/s.ye/th,4 executed the same in his/f eVtl�err authorizecapacity(iggj, and that by his/h,gF/thqi� signature(/) on the instrument the person or the entity upon behalf of which the personk<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. 4.1 �� LISSETTE VELASCO MORA <Notary Public - California _'Riverside County Commission p 2300684 '�����°"My Comm. Expires Aug 15, 2023 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description or attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) L Other - - ------- ---..— ...._... -- ... .-..� ---- — - — ---- -- — - ---.b INS'FRUC'f IONS FOR rFIIS PORN( 77lisform complies with curreru ('ah1ornrrt.elunrles res mdmg ;10[(11-,rtrrrdurg caul. i%needed, should he completed enol attached /o the, docmuent : f chnou•lerl,melits ft'an other stares nary he conipletedJor documents being sero ro do/stale so (ong as the wending does not requh-e the C'ulrrornia no!cu•t: ro violate Ccrlrfornra u016u7• lett". • State and County information nwst be the Statc and County where the document signer(s) personally appeared aelore the notar\1 public for acknowledgment. • Date of notari7ation must be the Clare thai the signer(s) personalh apperued olixii must also be the same date the acknowledgment is completed • The notary public must print his or her name as it appears within his of her commission Ibllowed by a comma and then your title (notary public:). • Print the nante(s) of document signer(s) who personal]% appear al the time of notarization • Indicate the correct singular or plural loans by crossing olf InIXHICC: forms !l c heishe/trhey, is /a+e ) or circling the correct forms. 1'3lltirl' to correctly indicate this intomianon mai• It -ad to rejection of docwcent recordme. • The notary seal impression Most be clear and photographically reproducible. Impression MUM not cover te't or lines. Ir soul nn pression smudges. re -:;cal if a sufficient area pennits, othenvise complete a different acknota(cdgntent jinn. • Signature of the notary public must match the signature on life IVith the nflice of the COLIM3 cled;. Additional information is not required but could help to ensure tris acknowledgment is not misused or attached to a different document Indicate Hila o._ tc pe ul-than Led dUCUll Ont, number ul' pages and dine. Indicate the capacity claimed by the signor- If the claimed cipaca\ c; it corporate officer. indicate the title (i.e. CFO. CI'O. • secure h• attach this document to the signed document Frith a staple. City of Newport Beach MISSION BAY DRIVE DRAINAGE PROJECT PROJECT NO. 21 R03 CONTRACT NO. C-7889-1 DESIGNATION OF SURETIES Bidder's name SrwrAe2 ever 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): I� ia.MC 5 gisK~A-6-.6MZ u7' 8 1nrsu�COts 6Zca( oA}rccA-NY01y �su.tE- XDO , fp—y cit- q7616 -15-23z, CA(_ S 1 s -rr -Q K F -4N t�5 7N. C o i a cAaLM-TY (ACu.vI,7inrcc mlt& P6MY `t a - RE; ca T4 ZizI ✓E-- -o&c N , r w 7E - 2W CgAN6�c A q 2 If 68 (711)137-Igoo 15 City of Newport Beach MISSION BAY DRIVE DRAINAGE PROJECT PROJECT NO. 21 R03 CONTRACT NO. C-7889-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name 15t .AjK 72- rn3G. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 0 Current Record Record Record Record Record Year of for for for for for Record 2019 2018 2017 2016 2015 Total 2020 No. of contracts M 3 Total dollar Amount of Contracts (in Thousands of $) No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent �f transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 0 Legal Business Name of Bidder SOK* CyNS+i no ti; ttiG M �uN1C� tA6At4 � : �{ Business Address., Co cio gk,,j 2 'JNpw ,cg_!J7M Business Tel. No.: NO - -g75 State Contractor's License No. and Classification: ►o3it6µ3 ., CLA-SS A Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signatu bi Signatu bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County ofy-1ya—c"C(U - On kip, 76Za)• before me, Li�"� \f4 SCO tADPaOLA(C ,INAO n (Here insert ame an 1 tie of the office personally appeared (/lSur� A� who proved to me on the basis of satisfactory evidence to be the person whose name() is/subscribed to the within instrument and acknowledged to me that he/sJ�/th.ep executed the same in his/her/their authorized capacity), and that by his/Vr/tl�el signature/ on the instrument the person , or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. &-MY LISSETTE VELASCO MORA WITNESS my hand and official seal. NotaryPublic-California Riverside County Commissions Zug 15, Comm. Expires Aug 15, 2023 Sighature (Notary Public Seal) TIONAL OPTIONAL INFORMATION INS'rRUCTIONS FOR COMPLCrINCi FHIS FORM T! 1; ''A - C' 1 . .11 1 DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages I SJatmt cadrtp �es v tt t 0110 C171 a {101 )1 slcantea tc, cf)( fit; notar.l 11- Of off( f needed, should be completed and attached to Nae clucunre"l, Acknowledgments from other states tnuv be completed,%r documents being sent to drat scute sc lulu au the a ordutg does not require the Cali/o) ntrt notary to rmlute Calilonria nrnon� fall'. • State and County information must be the State and Coun;y sO-Xrc the document signer(s) personally appeared before the notary public for acknowledgment • Date ofnotari-ration must be the date that the signer(s) personalh appeared which must also be the same date the acknowledgment is complued • The notary public must pant his or her name as it appears within his of her commission-oilowed by a comma and then your title (notary puhlic). • Print the nan;e(s) cd doeUlnent siuner(s) who personally appear at the lila of nolari/Ation. CAPACITY CLAIMED BY THE SIGNER • indicate die correct singular or plural litrms by crossing oli incorrect routs ❑ Individual (s) helshe/gie:r is /ere ) or circling the correct lomis. Failure to correctly indicatc this information may I hd to rejection of document recording. ❑ Corporate Officer rhe notary seal impression must be Clear and photoeraphicall% reproducible. Impression must not comer text or lines. If seal inyxessiun smudges. re -seal 11'a (Title) sufficient area penn:ts, othemise complete a different acknowledgment limns ❑ Partner(s) Signature Of' the notary public must match [ilk?siOnaturc on li'e syith :hc olTic L11'the eouniv clerk. - ❑ Attorney -Irl -Fact Additional information is not reyuircd but could help to c»surc t s F-1, Trustee(s) acknowl,,dgntcnt is not misused or attached to a different docunmont. otner •� L,J Io:... eh i.. ,.r r..P� i. ,.,�., bcr., 1',,:... e.::,od A:,,.- Indicate the capacity claimed by the signer 1''tln claimed capacas is a corporate otficer, indicate the title (i CVO. CPO, u Sacrrtarc ;. - .. :. Securely attach this docment to the signed document .rnh a staple City of Newport Beach MISSION BAY DRIVE DRAINAGE PROJECT PROJECT NO. 21 R03 CONTRACT NO. C-7889-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name BwNK.EP- c[9N5'"�tl',�GT�. INC. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature M City of Newport Beach MISSION BAY DRIVE DRAINAGE PROJECT PROJECT NO. 21 R03 CONTRACT NO. C-7889-1 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: 8w%Kea N Business Address: "21q cocxg4N jafa LVE Iv ©co, cA g2zw I Telephone and Fax Number: Leo) 668' -&'7S-S- y (760) (.6y -30Tf k) California State Contractor's License No. and Class: M31f643 . G'11"s A (REQUIRED AT TIME OF AWARD) Original Date Issued: (Sr oto Expiration Date: ol/3i % Z62Z 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: JA w) 0 cuy Kc9 , PREr 1 PEN r- The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone JASON RtAA!K—P— P&r 1At�T- y.kTT? c0c." Pyloi M. ,WEOX& a2241i( gJfi&-7sS Sl #E BctNlet EZRilB2y, y4Z'Iy coctL104ry jay r/VDID cr9 4220e(H67 Corporation organized under the laws of the State of POUF rc rI 4- 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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; 6�a Briefly summarize the parties' claims and defenses; [1l Have you ever had a contract terminated by the owner/agency? If so, explain. Al0 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 labor com liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes o!jLo--'�� 20 Are any claims or actions unresolved or outstanding? Yes /6�) If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. .3101-50N 3uNK.c_l2 (Print name of Owner or President of Cor oration/Com any 136tNKE2 CrNSrR(�ct/oN- 1,4X. o,,?," lDtnr� Bidder T— orized ignature/Title CIMM I D ew V_ Title :Date On before me, , Notary Public ovally appeared who prove me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are s"b ' to the within instrument and acknowledged to me that he/she/they executed the same in his/he eir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(sn� a entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY paragraph is true and correct. WITNESS my hand and official Notary Public in and r said State My Commi ion Expires: 21 laws of the State of California that the foregoing (SEAL) CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of &�Vc• On �� xy,, 202.0, before me, u VqJa SLC? \U LCZA I VLAg� C, I'�)U���,. (Here mser', name and !!Ile or the omr r) personally appeared ��S 17� ,Q� IIIA, who proved to me on the basis of satisfactory evidence to be the person/ whose name(/ is/0 subscribed to the within instrument and acknowledged to me that he/s jb.d/t�< executed the same in his/q r/*ir authorized capacity(ik5j, and that by his/i er/ti er signature(,%.'on the instrument the person�k,, or the entity upon behalf of which the personxacted, 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. aLISSETTE VELASCO MORANotary Public - California WITNESS my hand and official seal. zRiverside County Commission q 2300684 y Comm. Expires Aug 15, 2023 > (Notary Public Seal) DDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached docurnen(continued) Number of Pages ___ Document Date____ CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact E Trustee(s) ❑ 001M INS'FRIJCI'IONS FOR C0'MI LI-: I'ING "FI -IIS DORM This f rm Complies wilt cm -ren! Coli%1'11'0 stomas regarding toren ❑ ol-&ng '110.i%needed, should be completed arni attached to the clocnmew. Acknon'ledgmenls fi onl other- stater nice, be completed jot documents helm sent 111 than store so torr+ as the tvorcling does net require the Caltfb; ma noean ,, ro riotate California rnntan• /all; • State and County information mus: he the State and County where the document signer(s) personally appeared before the notary, public for acknowledgment • Date o1' nMustotariiation nst be the (late that the signer(s) personal appeared which must also be the same date the acknowledgntuit is completed • The notary public nust print his or icer name as it appears within his or her commission `oiletved by a comma and then your title (notary Public) • Print the name(s) of document slgner(s) who personalh appe'tr ai the nine of notarization. • Indicate tha correct singular or plural Ibnms by crossinw oil ncurrect Barts 1i.c. he/she/lie}-, is /ata ) or circling the correct Poris. Failure to correctly indicate this information may lead to rejection of'docutment recording • The notary seal impression must be clew: and photographically rep:oduclblo. Impression must not cover text or lines. II seal impression smudges. ra-Seal d'a sufficient area permits, otherwise complete a different icknowledgrilen,t form. • Signature of the notary public rust match the sienature on file wish th.e 011ier of tilt: county clerk. Additional inlonnation is not required but could help to ensure tlul acknowledgment is not misused or attached to a different docunternt Indicate lid, nr ,no ni anachect <Incun-nt num her of, moles a id cl;nig Indicate the capacity claimed by the signer. If the claimed cytacit� is a corporate o deer, indicate the ti'dc (.c CEO, CFO. Sccrctar) ). • Securely attach tit's document to the signed document ,vah a staple. MISSION BAY DRIVE DRAINAGE PROJECT CONTRACT NO. 7889-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 13th day of October, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and BUNKER CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 49299 Cochran Dr. Indio, CA 92201, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this Contract consists of the following items and all other incidental work items necessary to complete the work in place. The general project tasks are: 1. Project preparation including submittals, approvals, preconstruction meeting and progress meetings; 2. Setting up traffic control per approved plan; 3. Excavating pipe trench, removing abandoned irrigation system, controlling groundwater, installing filter fabric, installing solid pipe and perforated pipe subdrain, installing concrete bag cutoffs, and backfilling with native material over gravel; 4. Connecting cleanouts to perforated pipe; 5. Connecting area drain, existing slope drains and cleanouts to solid pipe; 6. Only as needed, removing interfering trees and landscaping (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 ocuments: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. 7889-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Forty Three Thousand Nine Hundred Eighty Three Dollars ($143,983.00). 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 Jason Bunker 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. Bunker Construction, 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 Bunker Construction, Inc. Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jason Bunker Bunker Construction, Inc. 49299 Cochran Dr. Indio, CA 92201 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. Bunker Construction, 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. 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 Bunker Construction, Inc. Page 5 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). 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 Bunker Construction, Inc. Page 6 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. 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. Bunker Construction, Inc. Page 7 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 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. Bunker Construction, Inc. Page 8 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Bunker Construction, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:It,,04 ao By. ro C. Harp b City Attorney a ATTEST: Date: in Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: BV: Will O'Neill Mayor CONTRACTOR: BUNKER CONSTRUCTION, INC., a California corporation Date: in Jason Wayne Bunker Chief Executive Officer Date: By: Leslie Michelle Bunker Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Bunker Construction, 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: ITI Pal/ go By: �9hYuri ron C. Harp City Attorney ATTEST: Date: ��• �� • a�� CITY OF NEWPORT BEACH, a California municipal corporation Date: IV I'D y Zy By: �.►�5 Will O'Neill Mayor CONTRACTOR: BUNKER CONSTRUCTION, INC., a California corporation Date.- By: ate: B : �• B!Chief Y Leilani I. Brown n ayne Bunker City�k_ Executive Officer 'PORV�� Date: t d / 2 S / 20 Zo By:17:1�- 3,A Leslie Michelle Bunker Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Bunker Construction, Inc. Page 10 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 Bunker Construction, 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 Bunker Construction, 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 Bunker Construction, 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. Bunker Construction, 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. Bunker Construction, Inc Page C-5 THE FINAL PREMIUM IS Executed in two counterparts. PREDICATED ON THE Bond No. 024248473 FINAL CONTRACT AMOUNT EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 024248473 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Bunker Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this Contract consists of the following items and all other incidental work items necessary to complete the work in place. The general project tasks are: 1. Project preparation including submittals, approvals, preconstruction meeting and progress meetings; 2. Setting up traffic control per approved plan; 3. Excavating pipe trench, removing abandoned irrigation system, controlling groundwater, installing filter fabric, installing solid pipe and perforated pipe subdrain, installing concrete bag cutoffs, and backfilling with native material over gravel; 4. Connecting cleanouts to perforated pipe; 5. Connecting area drain, existing slope drains and cleanouts to solid pipe; 6. Only as needed, removing interfering trees and landscaping, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Forty Three Thousand Nine Hundred Eighty Three Dollars ($143,983.00) 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 Bunker Construction, Inc. Page A-1 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. 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 27th day of October , 20 20 . Bunker Construction, Inc. dba Bunker Engineering Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (714) 937-1400 Telephone l uthorized Signature/Tit e AjlhriYed A e nature Michael D. Stong, Attorney -In -Fact Print Name and Title Bunker Construction, Inc. Page A-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: /ao By: iu�) Won C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Bunker Construction, Inc. Page A-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of C ' ornia County of tU Ss. On -24Z(::3> 20 20 before me, SW-ft7C Wii[G►SW WPA Notary Public, personally appeared —,lGtS o-0 F3 ug Iff2R. who proved to me on the basis of satisfactory evidence to be the personM whose name(4 is/aW subscribed to the within instrument and acknowledged to me that he/sJ*/th j executed the same in his/tom/t *ir authorized capacity(*sj, and that by his/W/ttXir signaturesXon the instrument the persohX), or the entity upon behalf of which the personX 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. *my LISSETTE VELASCO MORA Notary Public • California Riverside County Commission p 2300664 Comm. Expires Aug 15, 2023 S'gnature (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 Riverside ) SS. On October 27 , 2020 before me, R. Nappi Notary Public, personally appeared Michael D. Stong proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *my R. NAPPI0 Notary Public • California z Riverside County > Commission # 2327975 Sig ature Comm. Expires Jun 7, 2024 (seal) Bunker Construction, Inc. Page A-4 This Power of Attorney limits the acts of those named herein, and they have no authority to ,O� bind the Company except in the manner and to the extent herein stated. Liberty Bond No. 024248473 Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8202806 - 969561 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Arturo Ayala, Daniel Huckabay, Frank Morones, R. Nappi, Dwight Reilly, Shaunna Rozelle Ostrom, Ben Stong, Michael D. Stong all of the city of Orange state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31 st day of December , 2019 Liberty Mutual Insurance Company ?� INS U,pq �ZY IN&& ►NSu� The Ohio Casualty Insurance Company j3°OpPO�roy�te �yJr°oaPO'¢oroRYy� °0%poft, n� West American Insurance Company vi .2 Lu c 1919 1991 N Yd���cHue` da yOyMAMPb��P�Lro C� �N°IANP aa� r in c �z) * tt� �hrl * ► '�M * �� By: 3 David M. Carey, Assistant Secretary 0 co State of PENNSYLVANIA County of MONTGOMERY ss cu L � (=D) c O On this 31st day of December , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance f Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes m N therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0 LLI IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written, TE c n N o' p, PAS TFC M L QQ.KONWF COMMONWEALTH OF PENNSYLVANIA Q +-' o O p C ooh 4�s y OF Notarial Seal Teresa Pastella, Notary Public0 Marion Montgomery County By: C CU CU cu [2Upper { My Commission Expires March 28, 2021 eresa Pastella, Notary Public 3 cu o aiv�„�P 0),n Fry fig+?' Member. Pennsylvania Association of Notaries(n CD N 0 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual •� Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: T ARTICLE IV - OFFICERS: Section 12. Power of Attorney. ami o co Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject to such limitation as the Chairman or the — co 0 President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > > any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall r- � o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such - N Z instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the CO provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.o 0 ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. o Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 27th day of October , 2020 INSu �tY INS& � 1NSU �JQ'4°µvo��yG+ hJPa°pvo�y�'� VP c�aPo��yo J 3 Fo sn u� 3 Fo m3 Fo cu /��� 1912 c i 1919 W e a 1991 By *°' oda yo y"AwPs*aaa �s+�°*"�ada� Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Co 12/19 THE FINAL PREMIUM IS Michael D. Stong, Attorney -In -Fact PREDICATED ON THE FINAL CONTRACT AMOUNT EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 024248473 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,319.00 Bond No. 024248473 being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Bunker Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this Contract consists of the following items and all other incidental work items necessary to complete the work in place. The general project tasks are: 1. Project preparation including submittals, approvals, preconstruction meeting and progress meetings; 2. Setting up traffic control per approved plan; 3. Excavating pipe trench, removing abandoned irrigation system, controlling groundwater, installing filter fabric, installing solid pipe and perforated pipe subdrain, installing concrete bag cutoffs, and backfilling with native material over gravel; 4. Connecting cleanouts to perforated pipe; 5. Connecting area drain, existing slope drains and cleanouts to solid pipe; 6. Only as needed, removing interfering trees and landscaping, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Forty Three Thousand Nine Hundred Eighty Three Dollars ($143,983.00) 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. Bunker Construction, Inc. Page B-1 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 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 27th day of October ,20 20 . Bunker Construction, Inc. dba Bunker Engineering Name of Contractor (Principal) The Ohio Casualty Insurance Compan Name of Surety 790 The City Drive South, Suite 200, Orange, CA 92868 Address of Surety (714) 937-1400 Telephone thorized Signature/Title u ) J , 91, yl--�/ Auth rized Ag ignature Michael D. Stong, Attorney -In -Fact Print Name and Title Bunker Construction, Inc. Page B-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 11%/ zo By: 4 tv�x (f�' A on C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Bunker Construction, Inc. Page B-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ca ' rnia County of )SS. On O 20 2-0 before me, V��G,W Notary Public, personally appeared�US� E3lLQ who proved to me on the basis of satisfactory evidence to be the person whose name(,a�j is/W subscribed to the within instrument and acknowledged to me that he/s} thAy executed the same in his/hw tberr authorized capacity(*), and that by his/tyef/tW signatures on the instrument the persortW, or the entity upon behalf of which the person(Wacted, 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. .,,,,�, LISSEITE VELASCO MORA Notary Public • Califurnio WITNESS my hand and official seal. Y o Riverside County * Commission # 2300684 My Comm. Expires Aug 15, 2013 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 Riverside ISS. On October 27 , 2020 before me, R. Nappi , Notary Public, personally appeared Michael D. Stong 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. *my R. NAPPI Notary Public -California _Riverside CountyCommission # 2327975 Comm. Expires Jun 7,2024Sign t re(seal) Bunker Construction, Inc. Page B-4 Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Bond No. 024248473 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8202806 - 969561 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Arthro Ayala, Daniel Huckabay, Frank Morones, R. Nappi, Dwight Reilly, Shaunna Rozelle Ostrom, Ben Stong, Michael D. Stong all of the city of Orange state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 31st day of December , 2019 . State of PENNSYLVANIA County of MONTGOMERY ss Liberty Mutual Insurance Company pV INS U� �Z1 INS& d 1NSU,14 The Ohio Casualty Insurance Company 3°°pPO�Toy�t° eJa°o�PO�r� c+ doOVL 0,% Fo �� West American Insurance Company 1912 0 19190 1991 0 0 o�� N d,�188ACHu8�.aa SO Z�NAMPB�`��>�O Y� �N°IApP aa�+"7 r tn BY: David M. Carey, Assistant Secretary - 0 On this 31st day of December , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance N Fo Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes } therein contained by signing on behalf of the corporations by himself as a duly authorized officer. N � IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Cu QQyMONWF TES COMMONWEALTH OF PENNSYLVANIA 0 (1) OF Teresa Peslella, Notary Public C: Upper Marion Twp., Montgomery County By: �4 My Commission Expires March 28, 2021 Member. PennsyWnW Association of Notaries Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 0 S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: o ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety CU > C: any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such Z � instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 27th day of October , 2020 1NSU 01 INS&\NSU �JP4oaPo��yC+ yJPa°aPOR+r °L VP�APO)t 3 Fo c° Ue + Fo m W 191 0 o1919 W o a 1991 z 0,Gy� d��s*�ceus da y� BY NAMP=da� �s �NDIArP dad Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Co 12/19 c 0 U) U LU TE m a L O O CUE iCU CD �o c 0� ao cv � >o Cl) CO CO 00 00 0- 0 1? — o1? City of Newport Beach MISSION BAY DRIVE DRAINAGE PROJECT PROJECT NO. 21 R03 CONTRACT NO. C-7889-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 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. 7889-1 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: 6E-pTery-3 Ery. f H, 20 zy Date 74 d) 46 T -K76-s-,�$ -0)6 q,-9OW Bidder's Telephone and ax Numbers /63Y6 q 3 _ ccae-g5 ii - Bidder's License No(s). and Classification (s) /00C)o SS S `1.-S— DIR Registration Number Bidder N1T /id:d'ge'1r's Authorized Signature and Title ht9z49 coc.,v pp tNco ,cam 4z2Ao Bidder's Address Bidder's email address: 4rlIS,OV� aJ ho-r--P4�-q, vfR-ri hn • Leri, UK City of Newport Beach Page 1 Mission Bay Drive Drainage Project 21 R03 (7889-1), bidding on September 17, 2020 10:00 AM (Pacific) Printed 09/17/2020 Bid Results Bidder Details Vendor Name Bunker Construction Inc. Address 49299 Cochran Dr. Indio, CA 92201 United States Respondee Jason Bunker Respondee Title President Phone 760-668-8755 Ext. Email jason@bunker-engineedng.com Vendor Type License # 1034643 CADIR Bid Detail Bid Format Electronic Submitted September 17, 2020 9:57:12 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 226847 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Proposal 2020-09-16 General Bid Attachement.pdf General Attachment Bidder's Bond Bid Bond Attachment.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization LS 1 $22,000.00 $22:000.00 2 Surveying Services LS 1 $2,000 00 $2:000.00 3 Traffic Control LS 1 $6,000.00 $6,000.00 4 Clear and Grub LS 1 $9;500.00 $9:500.00 5 Remove Tree EA 4 $430.00 $1.720.00 City of Newport Beach Page 2 Mission Bay Drive Drainage Project 21 R03 (7889-1); bidding on September 17, 2020 10:00 AM (Pacific) Printed 09i17i2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 6-Inch Area Drain EA 30 $115.00 $3:450.00 7 4-Inch Pipe PVC SDR 35 Slope Subdrain Extension LF 115 $56.00 $6.440.00 8 6-Inch Perforated PVC, SDR 35 Subdrain Pipe only LF 440 $25.00 $11,000.00 9 6-Inch Solid PVC, SDR 35 Subdrain Pipe with Trenching, Fabric and Gravel LF 860 $75.00 $64;500.00 10 Furnish and Install 6-Inch PVC SDR-35 Dual Direction Pipe Cleanouts and Plug Cap EA 7 $639.00 $4,473.00 11 Connect to Existing Storm Drain Catch Basin LS 1 $1,900.00 $1:900.00 12 Trench Dewatering and Discharge LS 1 $1,500.00 $1;500.00 13 Trenchless Installation of Pipe Under Parkway Culvert LS 1 $8,000.00 $8;000.00 14 Provide As-Built Plans Fixed 1 $1,500.00 $1,500.00 Subtotal $143,983.00 Total $143,983.00 Subcontractors Name & Address Description License Num CADIR Amount Type California Boring Trenchless Bore 926968 1000004237 $4;500.00 3030 east coronado anahiem, CA 92806 United States On Point Land Surveying, Inc. Construction Staking 8133 1000003100 $1;800.00 1910 Orange Tree Lane Suite 344 Redlands, CA 92374 United States California Barricade, Inc. Traffic Control 785733 1000017487 $2.648.00 DGS,CADIR 1550 E Saint Gertrude Place Santa Ana, CA 92705 United States V&E Tree Service Remove Trees 654506 1000001936 $1,500.00 P.O. Box 3280 Orange, CA 92857 United States CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT R, ;a INDEX FOR:;,, � SPECIAL PROVISIONS MISSION BAY DRIVE DRAINAGE PROJECT PROJECT NO. 21R03 CONTRACT NO. C-7889-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1 2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 1 2 1 AWARD AND EXECUTION OF THE CON IRACI 1 2-5 PLANS AND SPECIFICATIONS 2 2 5.2 Precedence of Contract Documents 2 2-6 WORK TO BE DONE 2 2 9 SURVEYING 2 2 9. L Permanent Survey Markers 2 2-9.2 Survey Service 3 SECTION 3 - CHANGES IN WORK 3 3 3 EXTRA WORK 3 3-3.2 Payment 3 33.2.2 Basis for Lstablishing Cost: 3 3 3.23 Markup 3 SECTION 4 - CONTROL OF MATERIALS 4 4 1 MAFERIALS AND WORKMANSHIP 4 4-1.3 Inspection Requirements 4 41.3.1 General i1 SECTION 5 - UTILITIES 4 5 1 LOCATION 4. 5-1.1 General 4 5 2 PRO IECIION 5 5 4 RELOCAIION C, SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6 1 CONS rRUCIION SCHEDULE. AND COMMENCEMENT OF WORK 5 6 1.1 Construction Schedule S 6 7 I IME OF COMPLETION (1 7.1 General 6 6 8 COMPLE IION, ACCEPIANCI-, AND WARRAN I 7 6 9 LIQUIDAIED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 7 1 THE CON IRACTOR'S IQUIPNILN I AND EACILII I ILS 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-7 COOPERATION AND COLLATERAL WORK 8 7-8 WORK SITE MAINTENANCE 8 7-8.4 Storage of Equipment and Materials 8 7-8.4.2 Storage in Public Streets 8 7-8.6 Water Pollution Control 8 7-8.6.2 Best Management Practices (BMPs) 8 7-10 SAFETY 9 7-10.4 Safety 9 7-10.4.1 Work Site Safety 9 7-10.5 Security and Protective Devices 9 7-10.5.3 Steel Plate Covers 9 SECTION 9 - MEASUREMENT AND PAYMENT 9 9-2 LUMP SUM WORK 9 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment. 12 PART 2 - CONSTRUCTION MATERIALS 12 200-1.3 GRAVEL 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 SECTION 207 — PIPE 13 207-17 PVC PLASTIC PIPE 13 207-17.1 Perforated Pipe. 13 SECTION 213 — ENGINEERING GEOSYNTHETICS 13 213-6 FILTER FABRIC 13 213-6.1 Filter Fabric. 13 PART 3 - CONSTRUCTION METHODS 13 SECTION 300 - EARTHWORK 13 300-1 CLEARING AND GRUBBING 13 300-1.3 Removal and Disposal of Materials 13 300-1.3.1 General 13 PART 6 - TEMPORARY TRAFFIC CONTROL 14 SECTION 600 - ACCESS 14 600-1 GENERAL 14 600-2 VEHICULAR ACCESS 14 600-3 PEDESTRIAN ACCESS 14 SECTION 601— WORK AREA TRAFFIC CONTROL 15 601-1 GENERAL 15 601-2 TRAFFIC CONTROL PLAN (TCP) 15 PART 8 - LANDSCAPING AND IRRIGATION 15 SECTION 801 - INSTALLATION 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MISSION BAY DRAINAGE PLAN PROJECT NO. 21 R03 CONTRACT NO. 7889-1 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. R -7004-S); (3) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 —TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess an A 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. Page 1 of 15 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 Engineer shall control. 2-6 WORK TO BE DONE Add to this section: "The work necessary for the completion of this contract consists of the following items and all other incidental work items necessary to complete the work in place. The general project tasks are: 1. Project preparation including submittals, approvals, preconstruction meeting and progress meetings. 2. Setting up traffic control per approved plan. 3. Excavating pipe trench, removing abandoned irrigation system, controlling groundwater, installing filter fabric, installing solid pipe and perforated pipe subdrain, installing concrete bag cutoffs, and backfilling with native material over gravel. 4. Connecting cleanouts to perforated pipe. 5. Connecting area drain, existing slope drains and cleanouts to solid pipe. 6. Only as needed, removing interfering trees and landscaping. Contractor shall anticipate that groundwater and/or surface water may be encountered during the work. As the project entails work directly adjacent to Mission Bay Drive, Contractor shall phase and execute the work in a manner that prevents sediment, debris and groundwater from entering the street. The work is in a public right of way. Contractor shall perform the work in a manner that ensures public's safety." 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and Page 2 of 15 c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. At a minimum, two sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to the City 48 -hours in advance of any work. 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 3 of 15 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (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. 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 Page 4 of 15 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, 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. 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. 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. Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. 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. Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Engineer will review the baseline schedule and may require Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Page 5 of 15 Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. Contractor shall allow Home Owner's Association (HOA) a period of 2 weeks to install their irrigation main line into our trench prior to backfilling. 6-7 TIME OF COMPLETION 6-7.1 General Contractor shall complete all work under the Contract within 25 consecutive working days after the date on the Notice to Proceed. Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Normal working hours are limited to 7:OOam a.m. to 4:30 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 obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1St (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. Page 6 of 15 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 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 $1,000. Execution of the Contract shall constitute agreement by 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 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 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 Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. Page 7 of 15 City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. 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. 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 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. 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 only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. 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. Contractor shall restore the laydown area to its pre -construction condition. Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. Page 8 of 15 b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. 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. 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 Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for any bid items requested by the Engineer within 15 days after award of contract. Page 9 of 15 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals, for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Surveying Services: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals, for surveying, establishing horizontal and vertical controls, providing construction staking, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. Item No. 3 Traffic Control: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals, for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rails, construction fencing, temporary striping, and flag persons. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 4 Clear and Grub: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; for removing bushes, shrubs, and roots; and disposing of excess material offsite including paying disposal fees. This bid item also include minor demolition, removal and disposal of irrigation lines, valves, boxes and miscellaneous irrigation system above and below grade in the work area, and all other work items as required to complete work in place. The HOA will disconnect and deenergize the system prior to demolition, grading, compaction, constructing pervious backfill as shown on plan. Item No. 5 Remove Tree: Work under this item shall include, but not be limited to, furnishing all labor, materials, tools, equipment and incidentals; for removing existing Page 10 of 15 trees, stump grinding, and disposing of trees including paying disposal costs, as shown on plan. Item No. 6 6 -Inch Area Drain: Work under this item shall include, but not be limited to furnishing all shop drawings, labor, materials, tools, equipment and incidentals for installing area drain, pipe and fittings, and connecting to the new solid drain pipe located behind the back of curb, and all other work items as required to complete work in place. Item No. 7 4 -Inch Pipe PVC SDR 35 Slope Subdrain Extension: Work under this item shall include furnishing all shop drawings, labor, materials, tools, equipment and incidentals for installing pipe and fittings, and connecting the existing slope subdrain to the new solid pipe drain located behind back of curb, and all other work items as required to complete work in place. Item No. 8 6 -inch Solid PVC, SDR -35 Pipe: Work under this item shall include, but not be limited to, furnishing all shop drawings, labor, materials, tools, equipment and incidentals, for potholing and exposing utilities and underground facilities in advance of pipe excavation operations; protecting existing improvements and landscaping; removing abandoned irrigation lines and appurtenances; excavating trenches including trenches around street light poles and utility vaults; removing and disposing of excess excavation materials; installing shoring, bracing, solid pipe, fittings, Mirafi 140N filter fabric or approved equal, crushed 3/4 -inch rock, and concrete bag cut-off walls; performing backfill and compaction; and all other work items as required to complete work in place. This bid item includes coordinating with other contractor who will install an irrigation main in the trench as shown on Detail 6, Sheet 3. Item No. 9 6 -inch Perforated PVC, SDR -35 Pipe: Work under this item shall include, furnishing all shop drawings, labor, materials, tools, equipment and incidentals for installing perforated pipe and fittings, and all other work items as required to complete work in place. Item No. 10 6 -Inch Cleanout for Perforated Pipe: Work under this item shall include, furnishing all shop drawings, labor, materials, tools, equipment and incidentals, for installing dual direction cleanout with cleanout cap and connecting the cleanout to the perforated pipe, and all other work items as required to complete work in place. Item No. 11 6 -Inch Cleanout for Solid Pipe: Work under this item shall include, furnishing all shop drawings, labor, materials, tools, equipment and incidentals, for installing dual direction cleanout with cleanout cap and connecting the cleanout to the solid pipe, and all other work items as required to complete work in place. Item No. 12 Connect to Catch Basin: Work under this item shall include, furnishing all shop drawings, labor, tools, equipment, materials and incidentals for connecting the subdrain system to catch basin, including all excavation, coring, concrete removal, sealing around pipe, and all other work items as required to complete work in place. Page 11 of 15 Item No. 13 Dewatering: Work under this item shall include, furnishing all shop drawings, labor, tools, equipment, materials and incidentals, for trench dewatering and disposal of groundwater to the storm drain system. Groundwater discharge to the storm drain shall be clear of sediment. Item No. 14 Trenchless Installation of Pipe Under Parkway Culvert: Work under this item shall include, but not be limited to, furnishing all shop drawings, labor, tools, equipment, materials and incidentals, for installing solid and perforated pipes under existing parkway culvert and all other work items as required to complete the work in place. Item No. 15 Provide As -Built Plans: Work under this item shall include, but not be limited to, furnishing all shop drawings, labor, tools, equipment, materials and incidentals, for preparing as -built drawings. These drawings shall be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $1,500 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-1.3 GRAVEL The washed gravel shall be % inch in diameter and must be clean and free of clay balls, organic matter, and other deleterious 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 100-E-100 unless shown otherwise on the plans. Page 12 of 15 SECTION 207 — PIPE 207-17 PVC PLASTIC PIPE 207-17.1 Perforated Pipe. The pipe and perforated pipe material shall conform to the requirements of ASTM D3034 Sewer SDR35. The perforated pipe hole size, hole spacing and hole pattern shall conform to the requirements of ASTM F-759/AASHOTO M278, namely 3/8 -inch hole size and 3 -inch hole spacing with 2 hole rows at 90 degrees and 2 hole rows at 160 degrees (with the 0 degree reference at invert). SECTION 213 — ENGINEERING GEOSYNTHETICS 213-6 FILTER FABRIC 213-6.1 Filter Fabric. Filter fabric shall conform to the requirements of CALTRANS Standard Specifications, September 2018, Section 68-2.02G: "FILTER FABRIC". PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. 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. Page 13 of 15 PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. Page 14 of 15 SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. PART 8 - LANDSCAPING AND IRRIGATION SECTION 801 - INSTALLATION Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. Page 15 of 15 From: Reyes, Raymund To: Morgan, Shelby Subject: FW: Compliance Alert -Vendor Number 7889-1 Date: Wednesday, October 28, 2020 7:36:59 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: Tuesday, October 27, 2020 5:50 PM To: Reyes, Raymund <rreyes@newportbeachca.gov>; Insurance <insurance@newportbeachca.gov> Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number 7889-1 [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. 7889-1 Bunker Construction, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.