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C-7998-1 - Dover Shores Traffic Calming Improvements
CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAx newportbeachca.gov November 16, 2022 Atom Engineering Construction Inc. Attn: Tamara Boyer 40410 Vista Road Hemet, CA 92544 Subject: Dover Shores Traffic Calming Improvements — C-7998-1 Dear Mr. Boyer: On November 16, 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 November 17, 2021, Reference No. 2021000705536. The Surety for the contract is The Ohio Casualty Insurance Company and the bond number is 024251158. Enclosed is the Faithful Performance Bond. Sincerely, 4W JI' MN- Leilani I. Brown, MMC City Clerk Enclosure EXECUTED IN DUPLICATE BOND NO. 024251158 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 024251158 FAITHFUL PERFORMANCE BOND PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT The premium charges on this Bond is $ 2,188.00 BASED ON FINAL CONTRACT PRICE, being at the rate of $ 14.40 PER thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Atom Engineering Construction, Inc. hereinafter designated as the "Principal," a contract "Contract" for installation of rubber speed cushions, installation and modification of signing and striping, setup of temporary traffic control and distribution of notifications to nearby residents and businesses, Contract No. 7998-1, 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 Fifty One Thousand Nine Hundred Sixty Two Dollars and 001100 ($151,962.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Atom Engineering Construction Inc. Page B-1 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 5TH day of MAY .20 21 ATOM ENGINEERING CONSTRUCTION, INC. ,S'ec✓ Name of Contractor (Principal) Authorized ignature/Title THE OHIO CASUALTY INSURANCE COMPANY Name of Surety ATTN: SURETY CLAIMS DEPARTMENT 1001 4TH AVENUE, SUITE 1300 SEATTLE, WA 95154 Address of Surety 949/263-3356 Telephone APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: 57—/i jE/ / By: A on C. H rp tw 5 1l �j City Attorn y A, 0. Authorized Agent Signature MARK D. IATAROLA, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Atom Engineering Construction Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )Ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. nature (seal) Atom Engineering Construction Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 5/5/2021 Date personally appeared before me, SANDRA FIGUEROA, NOTARY PUBLIC Here Insert Name and Title of the Officer Nome(s) of Signers) who proved to me on the basis of satisfactory evidence to be the persona) whose name(r4Is/are• subscribed to the within Instrument and acknowledged to me that he/54rekhey executed the same in his/*erfFHeir: authorized capacity(ies), and that by his/hefAheir signature(,,) on the instrument the person(,,), or the entity upon behalf of which the person(,,) acted, executed the instrument. SANDRA FIGUEROA COMM. N 2334108 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA MY COMMISSION EXPIRES SEPTEMBER 22.2024 Place Notary Seal and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CJ Signature of Not ty Public yr � wnfa� Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual M Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fad ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer Is Representing: oLiberty Mutual® SURETY This Powen Attorney limits the acts of those named herein, and they have,. .uthority to bind the Company except In the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205111-024100 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, Helen all or me My or nscol state of CA each individually it 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 29th day of March , 2021 . Liberty Mutual Insurance Company P� \Nsugq POSY INSU N \Nsogq The Ohio Casualty Insurance Company avow q West American Insurance dCompany � z� a°dam asa patio 41 y� 1912 o M 1919 � � 1991 M Mj��/// YQ�xJ3gCMU8E .aa O �'hAMP � D; Y PhOIpN �; / 7) x 1• N1 t x0 dM + 1•� By: ❑avid M Carev Assiafenf Serrafam County of MONTGOMERY ss On this 29th day of March 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance W 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. W 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. hP PAST QE �.nN+r, fit Canmoa of Pennsylvania - Notary Seal T.aaaa `p yr a s y Teresa Peg., Notary Pudic n ill_ s MC . nlga pie County My commisa slonn pieMarch 282025 �(/LGQeeJ v Caan l.ytpnnamaoralbn of By' y �Frsr,.aa°.t, MemEer. PannsyNenie AsaadalbnMNoienes Teresa Paslella, Notary Public N R,ay ¢Vg d 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 Amedcan Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Paver 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 c President may prescribe, shall appoint such allomeys-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 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 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 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, remgnizances and other surety obligations. Authorization — By unanimous consent of the Companys 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 paver 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 5TH day of MAY 2021 �ZY INSUA \N8Ug9ooavory Q'epynuP oavogp y `" w c Pb �m—/mµlye 's'I- 1919 ns 1991 n C.u.t^7r. W pd O(0(0 hgMPyO da$ YS PNDIAN> ,aa By: Renee C. Llewellyn, Assistant Secrets ry LMS-02873 LM IC OCIC WAIC Mull! Co 02121 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 Riverside On S before me, Darci Lynn Vaez, Notary Public ffTre ins" —ter name an title all eo cer personally appeared Larry Boyer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s-) Is re subscribed to the within instrument and acknowledged to me that (hDshe/they executed the same in Is er/their authorized capacity(ies), and that by Is er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 OARCI LYNN VAEZ Notary Public • California Riverside County` Commission 9 2335172 Comm. Expires Oct 9, 2024 o®ryublic Signature V (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATIO DESCRIPTIONOFTHE ATTACHED DOCUMENT �p (��-/ument)y+xnsaCt Giir title or description of attach d document) (Title or descdpflon of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) * Corporate Officer Secrete (I lil2) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.corn 800-873-9866 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding note,), receding and, ifneeded, should be completed and attached to the document. Acknolvedgemsfrom other states may be completed for documents being seat to that state so long as the wording does not require the California notary to violate California notaty larv. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the comrry clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. January 24, 2022 Atom Engineering Construction Inc. Attn: Tamara Boyer 40410 Vista Road Hemet, CA 92544 Subject: Dover Shores Traffic Calming Improvements - C-7998-1 Dear Ms. Boyer: 100 Civic Center Drive Newport Reach, California 92660 949-644-3005 1 949-644-3039 rA.t newpor[heachrasaov On [November 16, 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 November 17, 2021, Reference No. 2021000705536. The Surety for the bond is The Ohio Casualty Insurance Company and the bond number is 024251158. Enclosed is the Labor & Materials Pavment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EXECUTED IN DUPLICATE EXHIBIT A BOND NO. 024251158 PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH BOND NO. 024251158 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Atom Engineering Construction, Inc. hereinafter designated as the "Principal," a contract "Contract" for installation of rubber speed cushions, installation and modification of signing and striping, setup of temporary traffic control and distribution of notifications to nearby residents and businesses, Contract No. 7998-1, 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 Fifty One Thousand Nine Hundred Sixty Two Dollars ad 00/100 ($151,962.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Atom Engineering Construction Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 et seq, of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 5TH day of MAY '2021 . ATOM ENGINEERING CONSTRUCTION, INC. Name of Contractor (Principal) THE OHIO CASUALTY INSURANCE COMPANY Name of Surety ATTN: SURETY CLAIMS DEPARTMENT 1001 4TH AVENUE, SUITE 1300 SEATTLE, WA 98154 Address of Surety 949/263-3356 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney Authorized S nature/Title � Authorized Agent Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Atom Engineering Construction Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared -- - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Atom Engineering Construction Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California l County of SAN DIEGO J} On 5/5/2021 before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are-subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hishlerftkeir authorized capacity(ies), and that by his/herAheh signature(e) on the instrument the person(,,), or the entity upon behalf of which the person(s) acted, executed the instrument. SANDRA FIGUEflCA COMM. # 2334108 D SANDIEGOCOUNTY D NOTARY PUBLIC-CALIFORNIAZ u MY COMMISSION EXPIRES J (ly SEPTEMBER 22, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatures.' Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA _ ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual tit Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing:.. Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: � a�ern��s��x�tt��mram�oewaaera���#�e���srm ��a (02017 National Notary Association N to to Co 0 Liberty Mutual. SURETY This Powe, ,attorney limits the acts of those named herein, and they have. .athority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205111-024100 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, I leen Maloney; John G. Maloney Mark 1). latarou; Sandra Figueroa; Tracy I lol ncsv *Tracy Lynn m Rodrigu •x all of the city of Escondido 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 29th day of March , 2021 . ) 0 a Lilbarly M/u/tu�al Insurance Company C �o mpany The Ohio Casualty Insurance Comp a ny West American Insurance Company By:4� n.,aa nn r..o„ n..d..h.,r e,...,.r...., of PENNSYLVANIA _,..,..,_,.,......., ss On this 29th day of March , 2021 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. f�i �,,oysrt, t't� Commonvreelth of PennsNvenle-Notary Seel Teresa Paslella, Nblery Public � /f iI Montgomery Carry /f/��-{[,(/�/� 4 � i1' '�My commission expires Mamh 29, 2026 By: Via- Commisslm number 1126099 Membe,, PenMNenia A,oWbn of Nole,lea 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 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. 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 attomeys-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 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 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 S. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fad, as may be necessary to ad in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attomeys-in-fad 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 bands, 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 SIT I day of MAY , 2021 . ;J3� NPok,962nro v 3`envoRy�'Pgyn m g 1912 � 0 1919 pP 'ACNUS ,aD O �'NRMP%N D Hjy * N� dH2 Nod I Mti-1)aya I MIC OpIC WAIL Multi f:n n9D1 � 1NSUH VP oNPougP�1. � :` Fo m a 1991 n 3 By: r• C�-- s'SH�o� N��dD Renee C. Llewellyn, Assistant Secretary 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 Riverside } On _��� �L/ before me, Darci Lynn Vaez Notary Public �— ere lose name as fit e o e o teem personally appeared Larry Boyer who proved to me on the basis of satisfactory evidence to be the person(s) whose names-) Is re subscribed to the within instrument and acknowledged to me that Cfi&she/they executed the same in Is er/their authorized capacity(ies), and that by Is er/their signature(&) on the instrument the person(&), 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. �_ _ _ _ *My DARCI LYNN VAEZ Notary Public - California WITNESS my hand and official seal. Riverside CountyCommission a 2335172 Comm. Expires Oct 9, 2024 .oI 'U c7 tary Public Signature - (Notary Public Seal) Huu1 I IUNAL err I IUNAL INFORMAT DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of ateched document continued) r Number of Pages Document Date tib) " CAPAGfrY CLAIMED BY THE SIGNER ❑ Individual (s) O Corporate Officer Secreta _ (t l f 1 Partner(s) ❑ Attorney -in -Fact I-7 Trustee(s) f_1 Other ON INSTRUCTIONS FOR COMPLETING THIS FORM This%amcomplieswith current(ahibinia sfalrrles regarding notaq, uo, dirrg and, if needed, .should be completed and attached to the docrunent. Acknohredgents from Other sales nrnv be completed jn- documents being sena to that state so long as the wording doer not require the Cahrb,our notary to violate ('ahmi nla notary lar. • State and County information must be the Slate and County where the document signer(s) personally appeared before the notary public f'or acknowledgment. • imus of notarization must be the dale (hal the signer(s) personally appeared which must also be the same date the acknowledgment is completed_ • 'Ihe notary public must print his or her carne as it appears within his or her commission followed by a comae and then your title (notary public). • Print the morels) of document signer(&) who personally appeal ml the (ire of notarization_ • Indicate the correct singular or plural forms by crossing oft incorrect forms (i.c. he/she/they,— is/a le ) or circling the correct forms. Failure Incorrectly indicate this in1brnralion nvly lend to rejection ofdocument recording. • the notnry seal impression rust be clew' and phottituaphicully reproducible. Inporession must not cover text or lines. If seal impression anmdges, re seal it a sulficienl arca permits, otherwise complete it different acknowledgment lbra_ • Signalur of the notary public must tnalch the signature on file with file office of the county clerk. Additional noMillatiou is cul reyuiled but could help to cnmwe Illi& acknowledgment is not m(sused el a(Inohcd (o it different domtnenl Indicate tale ur type at allached document, nutnbel ou plixis and date. Indicate the capacity claimed by de signer II'the chimed capacity is a eogrorue ol'I'icer, indicate the title (t e ('NU, ('f0, SeciTlm'y). • Securely uttm'lt this danttncna to the sidled daetttac ll with a Auplc Batch 12450970 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 3 of 3 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111������ ����� 11INOFEE •$ R 0 0 1 3 3 3 6 9 7 2$ 202100070553612:12 pm 11117121 90 PP2A 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 Atom Engineering Construction Inc., Hemet, California, as Contractor, entered into a Contract on April 27, 2021. Said Contract set forth certain improvements, as follows: Dover Shores Traffic Calming Improvements - C-7998-1 Work on said Contract was completed, and was found to be acceptable on November 16. 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. ury or Newpon tseacn i9:I[tIa[a_191*]:I I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ��, at Newport Beach, California. M https://gs.secure-recording.com/Batch/Confirmation/12450970 11/17/2021 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 Atom Engineering Construction Inc., Hemet, California, as Contractor, entered into a Contract on April 27, 2021. Said Contract set forth certain improvements, as follows: Dover Shores Traffic Calming Improvements - C-7998-1 Work on said Contract was completed, and was found to be acceptable on November 16, 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. m City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. M CT' CT' CITY OF NEWPORT BEACH V 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 8th day of Aprjl, 2021, at which time such bids shall be opened and read for DOVER SHORES TRAFFIC CALMING IMPROVEMENTS Contract No. 7998-1 $129,300 Engineer's Estimate Approved by James M. Houlihan uty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=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" For further information, call Adrian Rodriguez, Project Manager at (949) 644-3345 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transparent/online-services/bids-rfps- vendor-reqistration City of Newport Beach DOVER SHORES TRAFFIC CALMING IMPROVEMENTS Contract No. 7998-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 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 FA City of Newport Beach DOVER SHORES TRAFFIC CALMING IMPROVEMENTS Contract No. 7998-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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. 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, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been rey(iewed. Contractor's License No�81a's-slficatlon Auth rized Signature/Title i OIR Registration Number & Expiration Date Date �._Ll�i/�✓{ �s/l rj'i lei `�"L f�i %(�' f` r /�!' � r � jrriz r__` Bidder 5 City of Newport Beach Contract No. 7998-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF GREATER AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Dover Shores Traffic Calming Improvements, Contract No. 7998-1 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 6TH ATOM ENGINEERING CONSTRUCTION, INC Name of Contractor (Principal) THE OHIO CASUALTY INSURANCE COMPANY Name of Surety ATTN: SURETY CLAIMS DEPARTMENT 1001 4TH AVENUE, SUITE 1300 SEATTLE, WA 98154 Address of Surety 949/263-3356 Telephone day of , APRIL , 202'1. uthorizM'Signature/Title A �o "'�' gent Signature TRACY LYNN RODRIGUEZ, ATTORNEY-IN-FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) C: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language (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 the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature E:3 (seal) ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENI 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 Z "1'71.'2-( __ before me, Darci Lynn Vaez, Notary Public ,Here insert name and title of the officer) Personally appeared Larry Boyer who proved to me on the basis of satisfactory evidence to be the person(-) whose name() is re subscribed to the within instrument and acknowledged to me that tEQshe/they executed the same inr'Fiis' er/their authorized capacity(ies), and that by I,fils er/their signature(-) on the instrument the person(--), or the entity upon behalf of which the person(-) acted, executed the instrument. 1 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 DARCI LYNN VAEZ :Votary Public - Californias Riverside County �Commission # 2335172 My Comm. Expires Oct 9. 2024 Notary Public Signature (Notary Public Seal) ADDITIONAL 0PTInN®1 1K11^nDnnnri I — DESCRIPTION OF THE ATTACHED DOCUMENT•, �� /.I. -- (Title or description of attached document) (Title or description of attached document continued) Number of Pages .3 Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) O Corporate Officer Secreta (Tit e) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other QN NSTRUC 110NS I -OR COMPLETING THIS FORM T his lorm c'omphe.s Ir!/h crrrl-cril Cali/ornla statutes regarc(in;; nntorr Irordmy ane(, if needed. shoutd be completed and attached to the docunrerri. Arkrrolu ecfgents l6oul o)her s tate.s mxrn be completed Jbr lacuments being sera to that stale .ru long as the trording doer not require the ( ullJornia llama to clolate Cali/brracr nnlat_p Icer. • State and County inlbrmation must be the State and Count} where the docunte„t signers) personaliv appeared before the notary public for aeknow-lcdgmcnt. • Date of notarization nutsd be the date that the signer(s) personally appeared which must also be the same date till: acknow iedgntent is completed • The notary public must print his or her name as it appears \cithin his lir her commission folio%%cci he a comma and then your title (notary public). • Print the names) of doCLanent signers) who notarization personally appear at the limn of • Indicate the collect singular nr plural forms bY erossin, off incorrect tornts (i.c. he/she4he{-- is !ere ) or' circling the correct lixtns. Failure to correctly indicate till; nFormation may lead to rclection of document recording • rhe notarseal impression must be clear and photo-graphicaliv reproducible. Impression must not cover text or lines- If seal impression smudges. re -seal if a sufficient area permiLs. otherwise complete a different acknov,!udgntent I,61-111 • Signature of the notal: public must match the signature on file with Lie office of the county cleric_ ` Additional intornrttiorl is not required out could help u\ ensure this acknowiedle of I is not iIISujed or attached to a di fit -rent dOCLI1tlent. • Indicate udc or type of annched dnoumc„t, i--bc ,rpa-c, ..ud lair fndicate the capacity claimed by the si_mer. II' the claimed capaciry is a corporate officer_ indicate the title (i e- CEO. CFO. Secreta l v). • Securely attach this document to the signed document Wath a staple CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 4/6/2021 Dote personally appeared before me, SANDRA FIGUEROA, NOTARY PUBLIC Here Insert Name and Title of the Officer TRACY LYNN RODRIGUEZ Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(;,} is/atesubscribed to the within instrument and acknowledged to me that4e/she/" executed the same in44is/her/their authorized capacity(ies), and that by -1,4s herA#+ if signature( -s) on the instrument the person(,c), or the entity upon behalf of which the person(5) acted, executed the instrument. SANDRA FIGUEROA r `R COMM. # 2334105^ Z Qq SAN DIEGO COUNTY Y NOTARY PUBLIC-CALIFORNIAZ MY COMMISSIONEXPIRES SEPTEMBERBER22, 2024 Place Notary Sea! and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of rotary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: TRACY LYNN RODRIGUEZ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: This Power of Attorney limits the acts of those named herein, and they have no authority to Liberty the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company AlutuiL The Ohio Casualty Insurance Company Certificate No: 8205111-024100 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, Helcn ivlaloney; John G. Maloney: Mark D latarola; Sandra Figueroa; Tracy Ilohnes; Tracy Lynn Rodriguez all of the city of Escondido state of CA each execute, seal; acknowledge and delver, for and on its behalf as surety and as its act and deed, any and aallYii�ertakings undertakings, e�ognizancesne named, lts true and other suaetylai obligat ons f t to ante make 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 29th day of March 2021 PV INSURg Zvi INS& tNsliLiberty Mutual Insurance Company „J 4°FPO/r,QT yO yJP`oaPoRq 't'q Q� RPOR Ryy The Ohio Casualty Insurance Company West American Insurance Company 3 o o 1912 0 _ 1919 m r „ 0 � 1991 Q)rd' 9SSgCHU'� D� y0 ZF�t e o 4 0 N'd 'AMP`' .dD� YS �NoIANP aa1� LC i�f�� �� By: �r MState of PENNSYLVANIA ss David M. Carey, Assistant Secretary & County of MONTGOMERY On this 29th day of March 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance a 0— a 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 � t _> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a� m ; C a 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. � .g _ Of M < pcgc� commonwealth of Pennsylvania - Notary Seat d O 'eresa Paslalla Notary Public p \ >` Montgomery County 61 Q7 •� My commission expires March 28, 2025 By: ,(�,(,Q,��' O V C ID ,�„ commission number 1126044 � R-� O @ Member, Pennsymana Association of Notanes Teresa Pastella, Notary Public Q o 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 JMutual3 °No Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: cli ARTICLE IV - OFFICERS: Section 12. Power of Attorney. o c`1 oits a� 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 m0-1 _ 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 o m 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 o 20 instruments shall be as binding as if signed by the President and attested to by the Secreta An ower or authorityranted to an representative or afforney-in-fact under the CU 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 m ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. LL a 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 attomeys-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. 1, 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 61 H day of APRIL 2021 L INSURSIf INS jJ=G°RPO1?14, y, eJ=G°aP° �Rqy vPao Po \NsgR9yC 1912 0 0 1919 1991 Yd�9ss5 CHU`+� dD By: yO Z��H 5��� Renee C. Llewellyn. Assistant LMS -12873 LMIC OCIC WAIC Multi Co 02/21 Secretary _ City of Newport Beach DOVER SHORES TRAFFIC CALMING IMPROVEMENTS Contract No. 7998-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFAOAVIT 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 Conti -actor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder. by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. j I , f ) a/me">e nk 14w, "All,"— ,s�� :.:-�.^�/1���( �I ��..+� "// 6C Bidder — l3 ) Authorized Signature/Title 9 Cuts of N2mport Beach DOVER SHORES TRAFFIC CALMING IMPROVEMENTS Conlract No, .799.8-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!H Please print or type. Bidder's Namel' FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No.1 r � Project Name/Number j=���;, Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ 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 clairns. ATOM Engineering Construction, Inc. Attachment A Reference Form DATE OWNER/JOB TOTAL CONTRACT 9/11-11/11 City of San Clemente 301 Acapulco Canyon Outlet Rehabilitation $ 56,697.32 910 Calle Negocio San Clemente, CA. 92673 949-361-6154 Gregory Deist 9/11-2/12 South Orange County Community College District 302 Main Electrical Room Site Drainage $ 175,724.30 28000 Marguerite Pkwy. Mission Viejo, CA. 92692 949-261-5100 David McGlothlin (C.W. Driver) 11/11-5/12 Inland Empire Utilities Agency 303 IERCF Process Improvement Amendment Hopper $ 285,728.12 6075 Kimball Ave. Chino, CA. 91710 909-993-1600 Mark Peterson 1/12-7/12 City of San Clemente 304 Max Berg Plaza Park $ 696,267.50 910 Calle Negocio San Clemente, CA. 92673 949-361-6132 Gary Voborsky 2/12-2/13 Casitas Municipal Water Dist. 305 Fairview Pump Plant Electrical $ 104,398.00 1055 Ventura Ave. Oak View, CA_ 93022 805-649-2251 Todd Evans 3/12-4!12 Orange County Parks 306 OC Shade Shelters $ 107,398.00 333 W. Santa Ana Blvd. Santa Ana, CA. 92701 Karen Chieng 949-585-6454 4/12-8/12 City of San Clemente 307 Toluca Storm Drain $ 21,503.00 910 Calle Negocio San Clemente, CA. 92673 949-361-6154 Gregory Deist 6/12-1/13 Rancho California Water Dist. 308 Glen Oaks & De Anza PRV $ 498,398.00 42135 Winchester Rd. Temecula; CA. 92590 Heath McMahon 951-296-6900 1 11/12-12/13 City of Glendora 309 Well 14 Pump House $ 689,398.00 116 E. Foothill Blvd. Glendora, CA. 91741 Jason Roehrborn 626-914-8253 9/12-1/13 Metropolitan Water District 310 Inland Feeder PC -1 $ 98,398.00 Storage Tank Installation 700 N. Alameda St. Los Angeles, CA. 90012 Janice Richardson 213-217-6000 10/12-12/12 Indio Water Authority 311 Plant 3 Altitude Valve Retrofit $ 50,398.00 83101 Ave. 45 Indio, CA. 92201 David Merrell 760-625-1819 3/13-6/13 State of California Dept. of Parks & Recreation $ 39,398.00 312 San Elijo Lifeguard Tower 4477 Pacific Hwy. San Diego, CA. 32110 Casey Wear 619-688-3336 3/13-5/13 Inland Empire Utilities Agency 313 IERCF Process Improvement Amendment Hopper $ 29,398.00 6075 Kimball Ave. Chino, CA. 91710 909-993-1600 Jeff Zeigenbein 5/13-6/13 City of Palm Desert 314 Left Turn Pocket $ 73510 Fred Waring Dr. 60.398.00 Palm Desert, CA. 92260 Joel Montalvo 760-346-0611 5/13-8/13 Los Angeles Co. Sanitation Dist. 315 Puente Hills Liquids Handling $ 1955 Workman Mill Rd. 157,398.00 Whittier; CA. 90601 5/13-6/13 City of Hermosa Beach 316 Protective Bollards at Pier Plaza $ 85,962.00 1315 Valley Dr. Hermosa Beach, CA. 90254 Chris McNary 714-920-6904 4/13-5/13 State of California Dept. of Parks & Recreation 317 San Clemente Beach Paving $ 25,962.00 3030 Avenida del Presidente San Clemente, CA. 92672 N 3 Jennifer Tustison 949-366-4888 7/13-9/13 State of California - CALTRANS 318 Minor B Concrete Wingwall $ 76,398.00 1727 30th St. Sacramento, CA, 95816 Dianne Morris 916-227-6076 7/13-10/13 City of Rancho Cucamonga 319 Central Park Pavilion $ 217,398.00 10500 Civic Center Dr. Rancho Cucamonga, CA. 91730 Karen Emery -McGuire 909-477-2740 7/13-8/13 Fallbrook Union High School District 320 Fallbrook HS Fencing $ 109,937.00 2234 S. Stage Coach Ln. Fallbrook, CA. 92028 Sheila Duncan 760-723-6332 8/13-11/13 Elsinore Valley MWD 321 Gafford Tank Erosion Repair $ 175,398.00 31315 Chaney St. Lake Elsinore, CA. 92530 Gayle Malone 951-674-3146 11/13-12-13 City of Riverside 322 North Park Pergola Restoration $ 54,398.00 3900 Main St. Riverside, CA. 92501 Chris Scully 951-826-5967 10/13-5/14 Southeastern California Conference 323 Pine Springs Ranch $ 75,000.00 11330 Pierce St. Riverside, CA. 92505 Fritz Wuttke 951-659-3173 1/14-2/14 City of Poway 324 Reservoir Safety Modifications $ 70,398.00 13325 Civic Center Dr. Poway, CA. 92064 Melody Rocco 858-668-4622 1/14-2/14 City of Fullerton 325 Altura Drive Storm Drain $ 85.962.00 303 W. Commonwealth Ave. Fullerton, CA. 92832 Kevin Kwak 714-738-6865 3/14-7/14 City of Oceanside 326 St. Malo Sewer Force Main $ 147,398.00 300 N. Coast Hwy. Oceanside, CA. 92054 3 Amy Czajkowski 5/14-6/14 City of Poway 327 Directional Sign Replacement 13325 Civic Center Dr. Poway, CA. 92064 Pam Gravel 5/14-8-14 Ramona Municipal Water District 328 Poway PS Conduit 105 Earlham St. Ramona, CA. 92065 Ricardo Soto 7/14-10/14 City of Oceanside 329 Golf Course Lift Station 300 N. Coast Hwy. Oceanside, CA. 92054 Shawnele Morelos 10/14-2/15 State of California Dept. of Parks & Recreation 330 Carlsbad Electrical Upgrade 4477 Pacific Hwy. San Diego, CA. 32110 Casey Wear 6/14-6/14 City of Palm Desert 331 Aquatic Center Conduit 73510 Fred Waring Dr. Palm Desert, CA, 92260 Ryan Stendell 10/14-5/15 Rancho California Water Dist. 332 Los Caballos PRS 42135 Winchester Rd. Temecula, CA. 92590 Heath McMahon 12/14-6/15 Inland Empire Utilities Agency 333 Replacement of Check Valves 6075 Kimball Ave Chino, CA 91708 John Scherck 2/15-3/15 City of Poway 334 Parkway Retaining Wall PO Box 789 Poway, CA 92074 Diane Mann 8/15-10/15 City of Coronado 335 Pine Street Pump Station 1825 Strand Way 4 760-518-6266 858-668-4702 760-788-2260 760-547-1956 619-688-3336 760-346-0611 951-296-6900 909-993-1600 858-668-4704 $ 10,398.00 $ 240,398.00 $ 154:398.00 $ 162;398.00 $ 23,962.00 $ 349,943.00 $ 67,398.00 $ 12,398.00 $ 250.398.00 5 $ 51,398.00 $ 443,398.00 $ 137,398.00 $ 62,398.00 $ 41, 398.00 $ 176, 398.00 $ 165,398.00 $ 246,398.00 $ 12,398.00 Coronado, CA 92118 Dave Johnson 619-522-2425 2/15-5/15 Inland Empire Utilities Agency 336 CCWRF Lagoon Rip -Rap Retrofit 6075 "A" Kimball Ave Chino, CA 91710 Matthew Poeske 909-573-6188 11/15-3/16 Vallecitos Water District 337 Lift Station No. 1 Improvements 201 Vallecitos De Oro San Marcos, CA 92069 Carlos Fimbres 760-744-0460 4/15-6/15 Olivenhain Municipal Water District 338 Thornton Pump Station Pipeline Relocation 1966 Olivenhain Rd Encinitas, CA 92024 Paul Mochel 760-753-6466 6/15-7/15 City of Redlands 339 2015 Storm Drain Repair 35 Cajon Street Ste. 15A Redlands, CA 92373 Goutam Dobey 909-798-7584 8/15-9/15 City of Chino 340 Pine Avenue Flood Safety Gates 13220 Central Ave Chino, CA 91708 Karen Campbell 909-334-3403 6/15-7115 San Jacinto Unified School Dist 341 SJ Leadership Academy New Portable 2045 S. San Jacinto Ave San Jacinto, CA 92583 Barry Mulcock 951-654-7769 9/15-10/15 City of Rancho Mirage 342 Gerald Ford Drive Left Turn Picket Improvements 69-825 Highway 111 Rancho Mirage, CA 92270 Gloria Griego 760-770-3224 12/15-5/16 City of Lake Elsinore 343 City Entry Welcome Monument Signs 130 S. Main Street Lake Elsinore, CA 92530 Deepak Spolanki 951-674-3124 10/15-5/16 State of California 344 Dept. of Parks & Recreation 312 San Elijo Lifeguard Tower 4477 Pacific Hwy. 5 $ 51,398.00 $ 443,398.00 $ 137,398.00 $ 62,398.00 $ 41, 398.00 $ 176, 398.00 $ 165,398.00 $ 246,398.00 $ 12,398.00 San Diego, CA, 32110 Casey Wear 619-688-3336 10/15-12/15 Lake Elsinore Unifed School District 345 Elsinore High School Storm Drain Improvement $ 317,962.00 545 Chaney Street Lake Elsinore, CA 92530 Francine Vaccarino 951-253-7000 10/15-12/15 Valley Center Municipal Water Dist. 346 Aerie Road Intertie $ 62,398.00 29300 Valley Center Road Valley Center, CA 92082 Fernando Carrillo 760-735-4500 11/15-12/15 Inland Empire Utilities Agency 348 Magnolia Channel Repair $ 57,398.00 6075 "A" Kimball Ave Chino, CA 91710 Matthew Poeske 909-573-6188 12/15-1/16 City of Riverside 349 Metal Door Assembly $ 89,398.00 3900 Main Street Riverside, CA 92522 Tamarat Seyoum 951-826-5672 12/15-12/16 City of Palm Springs 350 Entry Monument Signs $ 498,398.00 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Craig Gladders 760-322-8368 12/15-1/16 Vallecitos Water District 351 Waterman Valves Replacement $ 107,398.00 201 Vallecitos de Oro San Marcos, CA 92069 Jason Hubbard 760-744-0460 1/16-2/16 City of Riverside 347 Pergola Restoration $ 45,398.00 3900 Main Street Riverside, CA 92522 Edward Lara 951-826-5311 3/16-5/16 Ramona Municipal Water District 352 San vicente EQ & Brine Pond Rehab $ 228;398.00 105 Earlham St Ramona, CA 92065 Ricardo Soto 760-789-1330 6/16-12/16 City of Newport Beach 353 Balboa Village Entry Arch $ 234.398.00 100 Civic Center Dr. n* 7 $ 207,398.00 S 148,000.00 $ 215, 398.00 $ 64, 398.00 $ 527.398.00 $ 798,398.00 $ 298,398.00 $ 76,398.00 $ 42,398.00 Newport Beach, CA 92660 Eric Loke 949-644-3311 6/16-8/16 Moreno Valley Unified Schools 354 Serrano ES Headstart Portable 23301 Dracaea Ave Moreno Valley; CA 92553 Emmauel Lopez 951-571-4516 6/16-2/17 CA Department of Fish and Wildlife 355 New Manufactured Home Infrastructure 1812 Ninth St, Ste 100 Sacramento, CA 95811 Chris Ladeas 916-323-1611 11/16-3/17 City of Oceanside 356 Oceanside Golf Course Phase 2 300 N. Coast Highway Oceanside, CA 92054 Amy Czajkowski 760-518-6266 8/16-11/16 Moreno Valley Unified Schools 357 Canyon Springs HS Stair Repair 25634 Alessandro Blvd Moreno Valley, CA 92553 Tiffiney Martinez 951-571-7500 7/16-12/16 Murrieta Unified School District 358 Vista Murrieta HS 2016 Stadium Improvements 41870 McAlby Court Murrieta, CA 92562 Randy Rogers 951-696-1600 11/16-4/17 City of Lake Elsinore 359 Serenity Park Improvements Phase 2A 130 S. Main Street Lake Elsinore; CA 92530 Nicole McCalmont 951-674-3124 11/16-7/17 City of San Bernardino Municipal Water District 360 Unit 2 Aeration Basin Anoxic Mixers Electrical Upgrade 300 North D Street San Bernardino, CA 92418 Sydney Morrison 909-384-5393 11/16-3/17 Hemet Unified School District 361 2016 Hamilton HS Ramp Replacement 1791 W. Acacia Ave Hemet, CA 92545 Hans Twardowski 951-232-3830 1/17-4/17 California Dept. of Park and Rec 362 Stone Creek Vault Reline 17801 Lake Perris Dr. 7 $ 207,398.00 S 148,000.00 $ 215, 398.00 $ 64, 398.00 $ 527.398.00 $ 798,398.00 $ 298,398.00 $ 76,398.00 $ 42,398.00 Perris, CA 92571 Ervia Atkinson 951-940-5642 1/17-4/17 Inland Empire Utilities Agency 363 Davit Crane Insert Replacement $ 81,590.00 6075 A Kimball Ave Chino, CA 91708 Ryan Walker 909-993-1710 3/17-3/17 Cuhla Vista SDA 364 Church Sidewalk $ 4,444.00 225 D Street Chula Vista, CA Kenny Hill 619-997-8464 6/17-7/17 Lake Elsinore Unified School District 365 Temescal HS Metal Pool Equip Cover $ 67,398.00 545 Chaney St Lake Elsinore, CA 92530 Kwok Su 714-541-2390 6/17-8/17 Murrieta Unified School District 366 Thompson MS Parking Lot & Bus Lane $ 498,398.00 41870 Mcalby Court Murrieta, CA 92562 Lori Noorigan 951-696-1600 6/17-9/17 City of Redlands 367 Service Club Monument Signs $ 24,398.00 35 Cajon St Suite 222 Redlands, CA 92373 909-798-7655 Kathleen Giorgianni 6/17-8/17 Temecula Unified School District 368 RES Charter School Access $ 316,398.00 31350 Rancho Vista Rd Temecula, CA 92592 Meredith Killion 951-506-7925 6/17-10/17 Carlsbad Unified School District 369 Sage Creek HS Athletic Modifications $ 282,030.00 3900 Cannon Rd Carlsbad, CA 92008 Kelly Flemming 760-535-7038 9/17-2/18 Rancho CA Water District 370 Berenda Road Pipeline Relocation $ 298,398.00 42135 Winchester Rd Temecula CA 92589-9017 Heath McMahon 951-296-6900 2/18-6/18 Vallecitos Water District 371 North & South Pressure Reducing Station $ 387,398.00 201 Vallecitos De Oro 9 San Marcos, CA 92069 Carlos Fimbres 760-744-0460 1/18-1/18 Inland Empire Utilities Agency 372 RP -1 Bleach Tank Replacement 6075 "A" Kimball Ave 27,398.00 Chino, CA 91708 Ryan Walker 909-993-1710 6/18-6/18 City of San Clemente 373 Traffic Calming Speed Cushion Measures on Riachuelo $ Riachuelo st 76,398.00 San Clemente, CA 92673 Tom Frank 949-361-6127 3/18-5/18 City of Norco 374 Andalusian Dr and Spencer Blvd Storm Drain Project $ Andalusian Dr & Spencer Blvd 158;398.00 Norco, CA 92860 Sam Nelson 951-270-5678 6/18- County of Orange 375 Traffic Delineators at Caspers Park 33401 Ortega Hwy $ 167,398.00 San Juan Capistrano, CA 92675 Nicholas Murray 714-667-1659 5/18-10/18 City of Lake Elsinore 376 Masonry, Landscape Segmental Retaining Wall, Concrete Sidewalk $ 357,398.00 32040 Riverside Dr Lake Elsinore, CA 92530 Gus Papagolos 951-764-2417 6/18-5/19 San Jacinto Unified School District 377 San Jacinto HS Athletic Field Improvements $ 2045 S. San Jacinto Ave 234,398.00 San Jacinto; CA 92583 Mary Diaz (951) 929-7700 ext. 4681 10/18- City of Riverside 378 Riverside Substation Metal Gate Replacement $ 3920 Mulberry St. 247,398.00 Riverside, CA 92507 Stephanie Heyl 951-826-2412 7/18-12/18 Redlands Unified School District 379 Citrus Valley HS Parking Lot 800 W. Pioneer Ave $ 998,398.00 Redlands, CA 92374 Amy Drummond 909-748-6716 x20701 10/18-12-18 Rancho CA Water District 380 Crystalaire Dr. Potable Water Pipeline Replacement $ Crystalaire Dr 95.962.00 Temecula, CA 92591 9 Rhonda Barkey 951-296-6984 11/18-1/201`; Inland Empire Utilities Agency 381 RP1- DAFT No. 3 Hopper Piping Upgrades S 27,398.00 2662 E. Walnut St Ontario, CA 91761 James Spear 909-993-1851 1/19-8/19 Inand Empire Utilities Agency 382 Agency -Wide Threshold Improvements and RP -1 Railing Additions $ 345,398.00 2662 Eeeee. Walnut St Ontario, CA 91761 Christian Gomez 909-993-1516 3/19-4/19 Vallecitos Water District 10 383 Meadoelark Reclamation Facility Electrical Vault Raising $ 12,398.00 2941 Corintia Carlsbad, CA 92009 Dawn McDougle 760-744-0460 X 400 3/19-7/19 San Jacinto USD 384 Hyatt Elementary School Parking Lot Expansion $ 228,398.00 400 E Shaver San Jacinto, CA 92583 Mary Diaz 951-929-7700 ext. 4681 3/19-9/19 City of Poway 385 Poway Dam Security Upgrades $ 140,398.00 14644 Lake Poway Rd Poway, CA 92064 Dianne Carrion 858-668-4606 5/19-8/19 City of Wildomar 386 Fire Station 61 Remodel S 111,398.00 32637 Gruwell St Wildomar, CA 92595 Cameron Luna 951-677-7751 x245 4/19-2/20 Inland Empire Utilities Agency 387 RP -4 Outfall Pipeline ARV Replacement/Relocation 598398 2332 E Walnut St Ontario, CA 91761 Jim Spears 909-993-1851 5/19-8/19 Hemet Unified School District 388 2019 Additional (4) Relo Classrooms @ Hemet ES $ 348,398.00 633 E Kimball Ave Hemet, CA 92543 Mike Sattley 951-765-5100 x5400 5/19-1/20 City of San Jacinto 389 San Jacinto Library Parking Improvements $ 576,398.00 595 S San Jacinto Ave San Jacinto, CA 92583 10 Kristy Rightmire 951-654-3592 7/19-8/19 City of Poway 390 PCPA Smoke Hatch Winch Replacement 15498 Espola Rd Poway, CA 92064 Jeff Beers 858-668-4624 6/19-7/19 San Jacinto Unified School District 391 Installation of 2 Shade Structures at San Jacinto HS 500 Idyllwild Dr San Jacinto, CA 92583 Barry Mullock 951-929-7700 10/19-11/19 San Bernardino MWD 392 Water Quality Sample Stands Replacement Project Phase IV 399 Chandler Place San Bernardino, CA 92408 Sydney Morrison 909-384-5393 8/19-10/19 Inland Empire Utilities Agency 393 Walnut Well Rehabilitation 8800 East Walnut St. Ontario, CA 91761 Matt Poeske 909-993-1723 12/19- Inland Empire Utilities Agency 395 RP -1 Plant Sludge Piping Repair 2662 E. Walnut Ontario, CA 91761 Joel Ignacio 11/19-12-19 Inland Empire Utilities Agency 396 San Sevaine Basin Wet Well Restoration 6000 Cherry Ave Rancho Cucamonga, CA 91739 Joel Ignacio 12/19-1/20 Kris Sanders 400 Bathroom Remodel 12/19-12/19 Moreno Valley Unified School District 397 Box Springs Elementary POT Improvements 11900 Athens Dr. Moreno Valley, CA 92557 Jacob Romero 12/19-1/20 San Jacinto Unified School District 398 Concrete Pad @ Hyatt Elementary School 400 E. Shaver St. San Jacinto. CA 92583 Barry Mulcock 1/20-2/20 Inland Empire Utilities Agency 11 $ 13,962.00 $ 124,398.00 $ 92,698.00 $ 26,962.00 $ 107,398.00 $ 17,962.00 $ 4;600.00 $ 24,398.00 $ 27,148.00 $ 118,392.00 '12 $ 322,962.00 $437,96Z00 $ 16.398.00 $ 67.398.00 $ 387,962-00 $ 14,398.00 $ 12,362.00 8 21, 962.00 $ 167,398.00 394 San Bernardino Lift Station Facility Improvement Project 13707 San Bernardino Ave Fontana, CA 92335 Travis Sprague 3/20- County of Riverside 399 Jurupa Valley Boxing Club Parking Lot Improvements 5626 Mission Blvd. Riverside, CA 92509 Blanca Limon 5/20- County of Orange 401 Misting System at Prima Deshecha 32250 La Pata Ave San Juan Capistrano, CA 92675 Hunter Smith 949-728-3055 4/20-5/20 I E UA 402 RP -1 Headworks Sump Pump Drain 2662 E. Walnut St Ontario, CA 91761 Jim Spears 909-993-1851 5/20-6/20 City of Chino 403 Riverside Dr. Bridge Repair Austin Postovoit 6/20- Olivenhain Municipal Water District 404 Morning Sun Pressure Reducing Station 1966 Olivenhain Rd. Encinitas, CA 92024 Colette Barrow 4/20-4/20 San Jacinto USD 405 Hyatt Preschool Gazebo Concrete Infill 400 E. Shaver St. San Jacinto, CA 92583 Barry Mulcock 4/20-5/20 San Jacinto USD 406 San Jacinto HS Animal Shelter 500 Idyllwild Dr. San Jacinto, CA 92583 Barry Mulcock 4/20- Hemet USD 407 -CNG Compressor Replacement @ Maintenance Yard 1791 W. Acacia Ave Hemet, CA 92545 Mike Sattley 6/2020- Ternecula Preparatory School '12 $ 322,962.00 $437,96Z00 $ 16.398.00 $ 67.398.00 $ 387,962-00 $ 14,398.00 $ 12,362.00 8 21, 962.00 $ 167,398.00 409- 36x40 Weight Room Reio 35777 Abelia St, Winchester, CA 92596 Mike Agostini 8/2020- IEUA 410 - IECRF Roof Damage GlUlam Repair 12645 6th St., Rancho Cucamonga, CA 91739 James Spears Aug -20 Poway USD 411 - Solar Removal & Reinstallation 15500 Espola Rd., Poway, CA 92064 Janay Greenlee 9/2020- City of Menifee 413 - Police Headquarters Wall Plan 29714 Haun Rd., Menifee, CA 92586 Don Sharp 12/16-1/8/21 City of Poway 414 - Swim Center Valve & Strainer Proj 13094 Civic Center Dr iagostini ieii�ec�_;lapreo coni 951-926-6776x6932 jspears@ieua.org 909-993-1851 igreenleea)pc)j, ayusr_I.corrn 858-679-2544 dsf��:ggcitvo ienifee.us 858-472-0251 Poway, CA 92064 PMorrison(a-)ooway orc, Roger Morrison 858-668-4581 City of Corono 415- R3 Potable Water Tank Ring Drain Pavement Repair & Access Road Paving 2000 Garretson Ave. Corona CA 92882' Holli Clear City of Hemet 416 - Florida Ave. Emergency Water Repairs Rubidoux Community Services 417 -Anita B. Smith Vessel Foundation Proj City of Norco 418 - Parking Improvements at George Ingalls Equestrian Center Mission Springs Water District 419 - Horton WWTP Influent Pump 13 holli.clear coronaca qov 951-279-3535 $ 176,398.00 $ 78,398.00 $ 228,398.00 $27,398.00 $427,398.00 127,398.00 $ 96,398.00 61,398.00 497,398.00 TOTAL $ 20,607,002.24 No. 2 Project Narne/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ 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. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ 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. 11 No. 4 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ 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 clairns against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From T Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ 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 eXp_faj•n and indicate outcome of claims. WE No. S Project Narne/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ 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 clairns against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary, Attach to this Bid the experience resume of time person who 3nrill he designated as General Construction Superintendent or our -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 ahe Contractor's current financial conditions. ;V Bidder _ Authoriked Signature/Title 13 Attachment "B" TOM ENGINEERING CONSTRUCTION, INC. 40410 VISTA RD., HEMET CA 92544 OFFICE (951)766-2806 FAX (951)658-4937 ESTIMATING @)ATOMENGCO NST. COM Larry Boyer Superintendent: Education: BA Business Administration La Sierra University, 1995 Current secretary and superintendent of AToM Engineering Construction, Inc. Larry Boyer started as a laborer in 1982 and progressed to a Union Carpenter for 9-1/2 years before becoming a Superintendent for Mitchell Pacific Construction in the late 1990's. Larry successfully completed over $33 million dollars' worth of work for Den Boer Engineering Construction during his 12 years there. Since 2009 he has successfully completed over 70+ jobs for three of his own companies, ATom Engineering Construction, Inc., AToM, Inc. and AToM Engineering Construction. Laura Marin Project Management: Laura Marin started as a Document Controller for Allied Mechanical where she moved up thru the company and in 2 years had become a project manager. She spent the next 2 years managing various aspects of operations including all internal audits of systems and procedures. She then was offered a position as Assistant Controller for GH Dairy where over the next 3 years she gained experience and knowledge overseeing and managing a variety of company operations including personnel. Laura started with AToM Engineering Construction, Inc. as project manager in 2015. Nick Boyerl. Superintendent: Current Superintendent of AToM Engineering Construction, Inc. Nick Boyer has worked for Atom Engineering Construction, Inc. since its inception in 2009. He did, however, work for Mountain Movers Engineering in San Marcos for a period of approximately 2 years acquiring hands on skill in earthwork equipment, surveying, grading and much more. Over the past 3 years, he has worked his way up to superintendent, bringing this heavy equipment skill to several parking lot jobs. He is an asset to the jobsite. DOVER SHORES TRAFFIC CALMING IMPROVEMENTS Contract No. 7998-1 CTEV -COLLUSION &FFDAVIT State of California ) S& County being first duly sworn, d poses and says tha h or she is S e f� I of. 6� t �'t �'n .`� " �'1 -" r, the party making the foregoing bid; theft the bid is not made in the interest of,` or on be alf 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 d n 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, 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 Statc oft lifornia that the foregoing is true and correct, Bidder Authorized Sign�iffire/Title Subscribed and sworn to (or affirmed) before me on this day of 4r,Y 2021 by person(s) who a proved to me on the basis of satisfactory evidence to be the p appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL] 14 Notary Public My Commission Expires: 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 7 before me, Darci Lynn Vaez Notary Public (H_re .nseri name antl bile of ,he ofhcerl Personally appeared Larry Boyer who proved to me on the basis of satisfactory evidence to be the person(-) whose name(&)��;are subscribed to the within instrument and acknowledged to me that (Upe she/they executed the same inoits]4 er/their authorized capacity(ies), and that by IIS er/their signature(s) on the instrument the person(- ), or the entity upon behalf of which the person(-&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the 'foregoing paragraph is true and correct. � 'r, DARCI LYNN VAEZ WITNESS my hand and official seal. ''=1 Notary Public• California ^I Riverside County >` Commission At 2335172 My Comm, expires Oct 4, 2024 Notary If lic Signature (Notary Public Seal) ADDITIONAL. OPTIOMAI Iru1=n0weA-rt®N INStRUC'T C - - --- - (DESCRIPTION OF THE ATTACHED DOCUMENT (Title or descrip41011ofttached docume�) �J (Title or description of attached document continued) Number of Pages J-- Document Date - 42 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) C Corporate Officer Secretary (Title) C Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other I \S FOR COMPLETING TI -11S FORM fhi.s.lornr complies with currerut C olVor mct .vaintes re,Qarding notmr trnrdu{o antl, tt needed. should be completed anal cittachect to the docmnem. Acknohredgetas fi'onr other states mar he cutnpleted for doc'tunatrts' being sent to that slate so long ars the u ore ing does not require the CcrltJorniu rotor• fo I'rolcrre C'altftrrrria nota,/ t lah, • Sruc and County i!Uonnation must be the date and County where the document 6ner(s) personalty appeared before the notal} nuhlic for acknossedgnient. o Date of r-otarization')'list be die date that the signers) personull} appeared which must also he the same date the acknowledgment is completed• - The notary public must print his or her mime as it appears 4cithm his or her commission toI br a comma anis then tour title ([totarq pubhc)• - Print the nan!c(s) of document Si;nel-(S) srho personalh, appear at the time of nvtari'zat ion.• - indicate the Comeau Sim ulal or plural forms h� crossing off Incorrect forms (i.e. he/shc;tfnu�— is iw-e. I or circling the correct forms. Failure to cot rectk indicate this information m iy lead to !election otdocument recording • the notary seal impressiai must be clear and photogiaph!ealls' reprodut:ible. Impression must not coyer text or lines- If seal impression smudges, re -seal if a suf9ic!enl area permits. othcrnc!se complete a diticrent aclniessledgment torm a Signature of the mown- public must mateh die signature on rile scith the office of the eounn clei k. idditional information is not required but could heip to ensure this admossicdgoient is not misused or attached to a different dorimCnL Indicate. title or type of auai lied Document rumhQI ofpagc� and slate ! Y� Indicate tiie capacity clammed by the Signe, if the claimed capacuv is a �1 eorpo!ate officer, indicate Ole tale (i c. CFO CIO Secretary). d secwely attach this document to tile ,i red document with a staple Q3 of Ng�wf"rt Beach DOVER SHORES TRAFMC CALWNG NPROVEMENTS Contract No. 7998-1 DESIGNATIMi Qx: Q1 IDETIES Bidder's name., L),P-,e-r L4 - 4 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) - 4 15 ATTACHMIEW 66C99 ATOM ENGINEERING C ONSTRUCTION9 INC. 40410 VISTA ESD., HEMET CA 92544 OFFICE (951)766-28®6 FAX (951)658-4937 Trade References.- 1. eferences° 1. Robertson's Redi Mix PO Box 3600 Corona, CA 92878 800-834-7557 ACC # 96409 2. Southland pipe 1230 Durst Dr Rialto, CA 92376 909-873-3820 ACC# ATO010 3. Sunbelt rentals 33600 Mission Trl Wildomar, CA 92595 951-253-8040 ACC # 673138 4. United Rentals (North America) Inc. File 51122 Los Angeles, CA 90074-1122 951-778-4778 ACC # 1103399 Bank Information. 1. Wells Fargo 103 E. Stetson Ave Hemet, CA 92544 951-658-7101 Bonding Company. I. Maloney and Associates 435 W. Grand Ave Escondido, CA 92025 760-738-2610 Mark latarola City ®L N2i2 ��� ®®VER SHORES TRAFFIC CALMING IMPROVEMENTS Contact No. 7998-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD R®��SAL Bidder's Narne 41Ll Record Last Five (5) Full Years Current Year of Record Current Record Record Record P,ecord Record Year of for for for Record j 2020 j for ! for 2018 20'17 _ 2021 I I 20"16 Total No, of contracts �t I _ Total dollar Amount of Contracts (in'"� , Thousands of $ No. of fatalities No. of lost Workday Cases No. of lost ----- workday cases involving permanent transfer to another job or termination of I I em to ment �—iThe information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Surnmary--Occupational Injuries and Illnesses, OSHA No. 102. 10 Legal Business dame of Bidder l ' i, Business Address: i.% Business Tel. No.:;f r r State Contractor's Li M rcense Jo. and Classification: Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious 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 ACKN-OWLEDGMENT and CORPORATE SEAL MST BE ATTACHED 17 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 Riverside On before me, Darci Lynn Vaez Notary Public ( ele user name and title of the offlcer7 ' personally appeared Tamara Boyer and Larry Boyer who proved to me on the basis of satisfactory evidence to be the personC"s))whose name,(§) isAgErglsubscribed to the within instrument and acknowledged to me that he/sheA e executed the same in his/he he uthorized capacityOss A and that by his/her4fi—eiDisignatureos on the instrument the persor or the entity upon behalf of which the person[sJacted, 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 DARCILYNNVAE'L Notary Public - California Riverside County Commission # 2335172 My Comm. Expires Oct 9, 2024 NULaly Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document (Title or description of attached document continued) Number of Pages Document Date_' CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) 0 Corporate Officer President and Secretary (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COYIPLF. TING THIS I OR,,\/( ' lois /aril\ caurpltes u'eth aur crit (elh antra slutu/er regal clingy notcu r t ui c(ueg and. �i r/ raerded. "Could Ge onmpleted crnr7altarheil ro the doemrrertt .lc•linoluedo-enis'/i"unr other states men' he congrleted )u,, docinnetu� hrnrg sent to !hcrt Nntc sa 4ur� rn dre u or•dirrg doer not rec/urre the ( a14brtrict nota/.rr to wolme (. ,ilgiwint, ])ajar\ fcnl �I I State and County lnrormation must be the State and County ithere the dncumcmit sipei(s) personal"v appeared before the notary public For acknow!edamenL. o tate of notariratiun must he the date that tile n e siger{s) personally appeared vsh]ch lilt""' also be the same (tate the acknot(iedgment Is completed. I he nota]) public ])]List print his or her name as it appearsin his of hal commission followed hv' a comma and then your title (notar} public) n Print the nanle(s) of document si,ner(s1 (v ho personalh appear at the Ume of 10tal"1ZaLlon. [odic to the correct sineular en plulai "arms b� crossn]a uta' incorrect forms (I.e. ieishc thee— i, ') or clrC!Imz the comet Ibrnu. Failure to ulformatium mar lead Io rejection ofducument recordme correct". in(Iica!( till~ Ilse nota]) "eat rtnplessian must he clear and photographically reprnduc"ble l Impression must not cover text or Imes Ir seal impression smudges, re -seal it a sulTiclent area permits. otberni.sc aanizlete ad il'lerent achnovdedgI limn_ Signature ol'the nota]) puhliC mus' match the simiature on file ,tath'he ol'liee of the countv c!erl<. \ddiuonal mlorrnation is nut rcyuired but could help to ensu r this ackntwcleilgmem Is not misused or attached to -'different doeir n Indicate title or L\ pe of attadicd dOCWnenl. ])umbel uI pi ,e an ',tate Indicate tile eupaclk claimed by the siLner. If the e!auncd .tpacit}" Is it corporate officer_ indicate the "tile (Ic. CLO. C'K), Secretary) it • Securely attach this (loeument to the sieved document with a staple i Cts of Ne±Tors Beach DOVER SHORES TRAFFIC CALMING IMPROVEMENTS Contract foo 7998-1 ACKN01AJLE®GEMENT QF ADDENDA Bidder's name 4--r fi �� r -�y!�/.' %t`., _f r The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: In q8 f Newport Beach DOVES STORES TRAFFIC CALMING IMPROVEMENTS q=ontragt 6�®, 7998-1 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: Business Address:_�/✓q `sT Telephone and Fax Wumber.-'�L, %- K California State Contractor's License No. and Class: i ���,�� ✓- � � �� (REQUIRED AT TIME OF AWARD) Original Date Issued: / Expiration Date:_ r 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: 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 Corporation organized under the laws of the State of 19 Telephone ENDORSED - FILED in the office of the Secretary of State of the State of Caiifomia APR 1 12011 The name of this corporation is ATOM Engineering Construction Inc. 11 The purpose of the corporation is to engage in any lawful act or activity for which a corporation may be organized under the GENERAL CORPORATION LAW of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code. The name and address in the State of California of this corporation's initial agent for service of process is: Name Larry Boyer Address 40410 Vista Rd City Hemet State CALIFORNIA 92544 IV This corporation is authorized to issue only one class of shares of stock; and the total number of shares which this corporation is authorized to issue is 100 by Shannon Stahlin, Incorporator 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; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever r �fa,ded to complete a project? If so, explain. ; For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e, failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes ;'No 20 Are any claims or actions unresolved or outstanding? Yes [40"'.-1 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. (Print name of Owner or President of Corporation/Company) Bidder _ Authorized Signature/Title Title i Date On before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) 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. (SEAL) Notary Public in and for said State My Commission Expires: 2-1 ALL- PURPOSE '%'-'0`E RTI F I CATE 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 Riverside On L' L before me, Darci Lynn Vaez Notary Public (Here insert name and lltle or the officer) , personally appeared Tamara Boyer who proved to me on the basis of satisfactory evidence to be the person(-) whose name(--) is are subscribed to the within instrument and acknowledged to me that he/oelthey executed the same in his /their authorized capacity(ies), and that by hiss he, /their signature(s) on the instrument the person(-&), 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. DARCI LYNN VAEZ �� Notary Public • Caiifcrlia WITNESS my hand and official seal. :C` Riversidec°u''t" Commission # 2335172 z '- • ; a0.�'`c My Comm. Expires Oct 9, 2024 otary Public Signa r (Notary Public Seal) ADDITIONAL OPTIONAII IN16=17)PnnATIoN I-ISTxUCT10 DESCRIPTIOtNp OF THE ATTACHED DOCUMENT (Title or description f attac d document) (Title or description of attached document continued) t Number of Pages Document Date�Z� CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) 171 Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other S FOR COJVIPI.ETING THIS FOR VI this /brut complier srrth current (al j<n'nia sit allies regcu-ding- nota\\a o -Chlk; all,/,II tfineecled. should he completed arra/ allaehecl to the cloctuneni..acl,noltrec(;errts fYp7l other states mar• be completcul for [IOcrl/JleolS heir\,; .rent to that stare so /am> ars the tnrding c/oer nil require the C'cr/ nrrriu rwtary to violate Caltiornicr rruCcu,t�lmr. 0 State and County inlorniation must be the State and Comity where the clocuntent signers) personally appeared before the notal\ Public for ackno%vled.ment o Data of notarization moist be the date that the Signer(s) personally appeared which [)lust also be the sante date the Lick nowledement Is Completed. o 'rhe notary public must print his or her name as it appears %eithin Itis of he commission foddosyed by a comma and then Vrour title (nolarq public)- i o Print the nante(s) of tIOCLIHICot sisner(s) aho personally appear at the time of nou rization. hidicate the correct singular or plural loans by crossing off' incorrect forms (t helshe/41-e is;afe ) or circling, the - l arrear flims failure to conectdt Indicate this nlunuation may lead to re,lcction ofdocunront recording, notary seal impression [)lust be clear and photo_raphicallx' reproducible. Impression must not roc er text or lutes. If seal impressionsnutdaesre seal ll' a' sufticicnt arca permits- other\%iso, con-plete a different acknoo.lcd_-e' litrm. �! Slenature nl'the nomr_y public must ntatClt dtc sienatrre on fide %with the office of the county clerk. I'j'' :Additiunad inlofInation is not required but could help to ensure thn ackno%dcd-ment is not misused or attached to a dillerent document Indicate title or type oratlaehecl document number nrp.tues and data indicate the capacity cdaimcd M- the signer. If the claimed capacln= corporate officer, indicate the tide (i c CFO, Cl -O. Secretai N Sccurely attach this llUetrment to the ned document with a staple of NewR2PL 9-aCh DOVER SHORES TRAFFIC CALMING IMPROVEMENTS LConllract No. 7998-1 NOVICE TO -,;tlCCE-qQr:, u g DDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND o FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California. and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide• Proaert Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract docurnents have been received and approved by the City. 22 DOVER SHORES TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 7998-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 27th day of April, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Atom Engineering Construction Inc. , a California corporation ("Contractor"), whose address is 40410 Vista Rd. Hemet, California 92544, 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 Installation of rubber, speed cushions, installation and modification of signing and striping, setup of temporary traffic control and distribution of notifications to nearby residents and businesses (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7998-1, 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 Fifty One Thousand Nine Hundred Sixty Two Dollars ($151,962.00). 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 Tamara Boyer to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for Atom Engineering Construction Inc. Page 2 payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Tamara Boyer Atom Engineering Construction Inc. 40410 Vista Road Hemet, CA 92544 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 Atom Engineering Construction Inc. Page 3 limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 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. 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 Atom Engineering Construction Inc. Page 4 of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 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 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 Atom Engineering Construction Inc. Page 5 hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 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. Atom Engineering Construction Inc. Page 6 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 sea., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. Atom Engineering Construction Inc. Page 7 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. 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. Atom Engineering Construction Inc. Page 8 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] Atom Engineering 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: 5 /s121 By: 7y"Y n C. Hp s-3'21 '_City Attorn ATTEST: Date: Jam- U-Ozl BrownBY: OU A 1_4ilani 1. City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Brad A Mayor CONTRACTOR: Atom Engineering Construction Inc. , a California corporation Date: Signed in Counterpart By: Tamara Boyer Chief Executive Officer Date: Signed in Counterpart By: Larry Boyer Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Atom Engineering 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 AT OR EY'S OFFICE Date: S' f 7-/ By: l Aan C. H S5.2q ity Attorney ATTEST: Date: so Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By Brad Avery Mayor CONTRACTOR: Atom Engineering Construction Inp. , a California corporation Dater 2 Tamara Boyer Chief Executive Officer Date: 1� N12 - By: IZ By: Larry oyer Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Atom Engineering Construction Inc. Page 10 EXECUTED IN DUPLICATE EXHIBIT A BOND NO. 024251158 PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH BOND NO. 024251158 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Atom Engineering Construction, Inc. hereinafter designated as the "Principal," a contract "Contract" for installation of rubber speed cushions, installation and modification of signing and striping, setup of temporary traffic control and distribution of notifications to nearby residents and businesses, Contract No. 7998-1, 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 Fifty One Thousand Nine Hundred Sixty Two Dollars ad 001100 ($151,962.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Atom Engineering Construction Inc. Page A-1 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 5TH day of MAY , 20 21 ATOM ENGINEERING CONSTRUCTION, INC. 're r/ Name of Contractor (Principal) Authorized S _ nature/Title // THE OHIO CASUALTY INSURANCE COMPANY Name of Surety Authorized Agent Signature ATTN: SURETY CLAIMS DEPARTMENT 1001 4TH AVENUE, SUITE 1300 SEATTLE, WA 98154 MARK D. IATAROLA, ATTORNEY-IN-FACT Address of Surety Print Name and Title 949/263-3356 Telephone APPROVED AS TO FORM: CITY ATTORN -Y'S OFFICE Date: 5' // 2.{ By: A r6n C. Harp 5-u Ity Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Atom Engineering Construction Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ }ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 120 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Atom Engineering Construction Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 5/5/2021 before me, Date personally appeared SANDRA FIGUEROA, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. IATAROLA Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afesubscribed to the within instrument and acknowledged to me that he/ehe44ey executed the same in his/+t„ authorized capacity(es), and that by his/HefAhei signatures) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. + SANDRA FIGUEROA COMM. 0 2334' SAN DIEGO COUNTY x NOTARY PUBLIC CALIFORNIA MY COMMISSION EXPIRES " SEPTEMBER 22, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary ublic Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual M Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8205111-024100 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, Helen Maloney; John G. Maloney; Mark D. Iatarola; Sandra Figueroa;'Fracy Holmes; "Tracy Lynn Rodriguez all of the city of Escondido 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 29th day of March 2021 Liberty Mutual Insurance Company P� 1NSU� P"SY INS& 1148Upq The Ohio Casualty Insurance Company tiJ 4°pP— yn - —°aPO" — - SGP �opPORgT Fo y° West American Insurance Company � >;1912y o 0 1919 1991 0 �o a o l viE ~d�9sSACHU50 day°HAMPSa\,dD� Ys �N01ANP ,da3 r U By: R State of PENNSYLVANIA David M. Carey, Assistant Secretary N rn County of MONTGOMERY ss co E ULp w a:)3 On this 29th day of March 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance m u 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 L therein contained by signing on behalf of the corporations by himself as a duly authorized officer. (D a> � a c 'rn 0 O a) do O C � vCn CO ,J)� O.0 E 6 0 E 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. ;::C_= = fi T a0 Commonwealth of Pennsylvania - Notary Seal T= Teresa Pastella, Notary Public rJ#_ Montgomery County C cc r f6 1 1 My commission expires March 28, 2025B O N "r Commission number 1126044 y : Teresa Pastella, Notary Public Q o ✓,. v . i� Member, Pennsylvania Association of Nofanes �OC:) 04 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 3 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. 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 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 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 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 5.1'11 day of MAY 2021 P� \NSU --I INS& 1NSUgq 2`°avoo �To��cn �Ja°oaro�r�Pgy� v 24oarr�r�y� o 1912 o: 1919 o Q 1991 0 '" c ��9SSgcNue`�dD y°Nantas* dad �s ADIANP aa$ By. Renee C. Llewellyn, Assistant Secretor LMS -12873 LMIC OCIC WAIC Multi Co 02/21 OCC) [L � o' 0 �� C: co - -o f6 C U �U) 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 Riverside On 6 ZZ before me, Darci Lynn Vaez, Notary Public (Here insert name and title of the officer) personally appeared Larry Boyer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a)Is re subscribed to the within instrument and acknowledged to me that the/they executed the same in Is er/their authorized capacity(ies), and that by Is er/their signature(s-) on the instrument the person(), 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. *my DARCI LYNN VAEZ Notary Public -California WITNESS my hand and official seal. Riverside CountyCommission # 2335172 Comm. Expires Oct 9, 2024 ZL Notary Public Signature f (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) W (Title or description of attached document continued) Number of Pages Document Date— ��V CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) El Corporate Officer Secreta (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notarn wording and, if needed, should be completed and attached to the docunteni. Acknoliredgenis from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate Califo-nia notmy law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they,- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover teat or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 024251158 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ rate of $ 14.40 PER EXECUTED IN DUPLICATE BOND NO. 024251158 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT 2,188. 00 BASED ON FINAL CONTRACT PRICE, being at the thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Atom Engineering Construction, Inc. hereinafter designated as the "Principal," a contract "Contract" for installation of rubber speed cushions, installation and modification of signing and striping, setup of temporary traffic control and distribution of notifications to nearby residents and businesses, Contract No. 7998-1, 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 Fifty One Thousand Nine Hundred Sixty Two Dollars and 001100 ($151,962.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Atom Engineering Construction Inc. Page B-1 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 5TH day of MAY 12021 ATOM ENGINEERING CONSTRUCTION, INC. s'eGt Name of Contractor (Principal) Authorized ignature/Title THE OHIO CASUALTY INSURANCE COMPANY Name of Surety ATTN: SURETY CLAIMS DEPARTMENT 1001 4TH AVENUE, SUITE 1300 SEATTLE, WA 98154 Address of Surety 949/263-3356 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: F -11 12-,( By: Aon C. H r tiw 5u'� 'City AttornZ � �. Au//*,thorized Agent Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Atom Engineering Construction Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On , 20 before me, , Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Atom Engineering Construction Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 5/5/2021 Date personally appeared before me, SANDRA FIGUEROA, NOTARY PUBLIC Here insert Name and Title of the Officer MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose names) is/, -W4_- subscribed to the within instrument and acknowledged to me that he/54,i ey executed the same in his/",,em authorized capacity(es), and that by his/HefAhet signature(s) on the instrument the person(&), or the entity upon behalf of which the person(a) acted, executed the instrument. A SAN152'DRA FIGUEROA COMM. # 2334108 D SAN DIEGO COUNTY D NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES SEPTEMBER 22, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notry Public yr 11W111M. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual M Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: Liberty Mutual® SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205111-024100 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, Helen Maloney; John G. Maloney; Mark D. latarola; Sandra Figueroa; Tracy 1-1ohnes Tracy Lynn Rodriguez all of the city of Escondido 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 29th day of March , 2021 . fn e) (D t`o State of PENNSYLVANIA rn County of MONTGOMERY Liberty Mutual Insurance Company P_V 1NSURq PvZY INS&q a \NSURq The Ohio Casualty Insurance Company °"POzr y� 5J °°RPO&4r 9y SGP °°"POR4r y0 West American Insurance Company m 1912 a 1919 1991 0 Z m 0 Q O l_f' dj19sSACMUs��.da y0"AMPS�,dD� �S1 �'YDIA"P .aa r f By: David M. Carey, Assistant Secretary o I On this 29th day of March 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty 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 a) > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. (D N c n to O 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. r'ASr I., . Commonwealth of Pennsylvania -Notary Seal YZ" Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2025ate ` g By: Commission number 1126044 V. u�i's`P,;;."< Member, Pennsylvania 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 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. 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 6 c 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 N 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 5TH day of MAY , 2021 . P� \NSU P�1'( INS& \NSU'D tiJ o°aP0% yC� yJ o°"PO�r�y .GPo°aPO/�r 2c� F 3 Fo c° 3 Fo m W 3 Fo F 1912 oy1919�o Q 1991 o .. Y ; y O c yo�y� By Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Co 02121 W O C U s� c +O. 4) � E E O QJ QO 00 O N w O N d M `o'W 0 v� CU - -a ca C U O a) �CU `o2 LL Q 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 Riverside } On S �6 �2-/ before me, Darci Lynn Vaez, Notary Public (Here insert name and title of the o icer) personally appeared Larry Boyer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-) Is re subscribed to the within instrument and acknowledged to me that (Roshe/they executed the same in Is er/their authorized capacity(ies), and that by (ffisher/their signature(s-) on the instrument the person(&), 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 DARCI LYNN VAEZ Notary Public - California _Riverside County Commission q 2335172 A �A-,(� 4YLeL 'I Comm, Expires Oct 9, 2024 Nolgy Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with curlrent California statutes regarding nota i, hording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded. should be completed and attached to the document. Acknohredgents fi-om other states pray be completed for documents being sent to that state so long cis the �/y1aHLt / wording does not require the California nota, to violate California notaq lair. (Title or descrFption of attach d document) �^ • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a coninia and then your title (notary pnbhc). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. EI Individual (s) Fie/she/they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of dOCUment recording. 171 Corporate Officer • The notary seal impression must be clear and photographically reproducible. Secreta Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document, number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. 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 Atom Engineering 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 Atom Engineering 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 Atom Engineering 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. Atom Engineering 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. Atom Engineering Construction Inc. Page C-5 Vendor Name AToM Engineering Construction, Inc Address 40410 Vista Rd Submitted Hemet, California 92544 Delivery Method United States Respondee Larry Boyer Respondee Title Secretary Phone 951-766-2806 Email estimating@atomengconst.com Vendor Type WBE License # 962398 CADIR Bid Format Electronic Submitted 04/08/2021 9:50 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 249424 Ranking 0 File Title File Name File Type BID SUBMITTAL C-7998-1 Atom Engineering Const Inc.pdf BID SUBMITTAL C-7998-1 Atom Engineering Const Inc.pdf General Attachments BID BOND C-7998-1 Atom Engineering Const Inc.pdf BID BOND C-7998-1 Atom Engineering Const Inc.pdf Bid Bond Showing > Subcontractor Name & Address Superior Pavement Markings 5312 Cypress Street Cypress, California 90630 Desc License Num CADIR Amount Type Signing and 776306 1000001476 $40,000.00 striping Discount Terms No Discount Item a Item Code Type Item Description UOM OTY Unit Price Line TotalResponse Comment Sac: -1 515196200 1 Mobilization. LS 57.712.00 57.71200 Yes 2 Traffic Control LS 1 58.000.00 58.00000 Yes 3 Provide As -Built Plans LS 1 5250.00 5250.00 Yes Traffic Calming Devices EA 15 55.400.00 590.000.00 Yes o Signing and Stripieg LS 1 $40.000.00 .540.000.00 Yes Section Title Section 1 Grand Total Line Total S 1 51, 962.00 S151.962.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS C` "a jb (? p0AN �i /�•� P00 „\ =I , DOVER SHORES TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 7998-1 •� t PART 1 - GENERAL PROVISIONS 1 SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2 2-1 AWARD AND EXECUTION OF THE CONTRACT 2 2-5 PLANS AND SPECIFICATIONS 2 2-5.2 Precedence of Contract Documents 2 2-6 WORK TO BE DONE 2 SECTION 3 - CHANGES IN WORK 2 3-3 EXTRA WORK 2 3-3.2 Payment 2 3-3.2.2 Basis for Establishing Cost 2 3-3.2.3 Markup 2 SECTION 4 - CONTROL OF MATERIALS 3 4-1 MATERIALS AND WORKMANSHIP 3 4-1.3 Inspection Requirements 3 4-1.3.1 General 3 SECTION 5 - UTILITIES 3 5-2 PROTECTION 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6 7-1.2 Temporary Utility Services 6 7-2 LABOR 6 7-2.2 Prevailing Wages 6 7-8 WORK SITE MAINTENANCE 6 7-8.4 Storage of Equipment and Materials 6 7-8.4.2 Storage in Public Streets 6 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 7 7-10 SAFETY 7 7-10.3 Haul Routes 7 7-10.4 Safety 7 7-10.4.1 Work Site Safety 7 SECTION 9 - MEASUREMENT AND PAYMENT 8 9-2 LUMP SUM WORK 8 9-3 PAYMENT 8 9-3.1 General g 9-3.2 Partial and Final Payment. 9 PART 2 - CONSTRUCTION MATERIALS 9 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 9 214-4 PAINT FOR STRIPING AND MARKINGS 9 214-4.1 General 9 214-6 PAVEMENT MARKERS 9 214-6.3 Non -Reflective Pavement Markers 9 214-6.3.1 General 9 214-6.4 Retroreflective Pavement Markers 10 214-6.4.1 General 10 214-8 RUBBER ASPHALT SPEED CUSHIONS 10 214-8.1 Rubber Asphalt Speed Cushions 10 214-8.1.1 General 10 SECTION 215 - TRAFFIC SIGNS 10 PART 3 - CONSTRUCTION METHODS 10 SECTION 314 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 10 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 10 314-2.1 General 10 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 11 314-4.1 General 11 314-4.2 Control of Alignment and Layout 11 314-4.2.1 General 11 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 11 314-4.4.1 General 11 314-4.4.2 Surface Preparation 12 314-8 INSTALLATION OF RUBBER ASPHALT SPEED CUSHIONS 12 314-8.1 Rubber Asphalt Speed Cushions 12 314-8.1.1 General 12 SECTION 315 - TRAFFIC SIGN INSTALLATION 12 PART 6 — TEMPORARY TRAFFIC CONTROL 13 SECTION 600 - ACCESS 13 600-1 GENERAL 13 600-2 VEHICULAR ACCESS 13 600-3 PEDESTRIAN ACCESS 13 SECTION 601— WORK AREA TRAFFIC CONTROL 14 601-1 GENERAL 14 601-2 TRAFFIC CONTROL PLAN (TCP) 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS DOVER SHORES TRAFFIC CALMING IMPROVEMENTS CONTRACT NO. 7998-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Exhibits J through L-2); (3) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2021 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2018 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/qovernment/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 Page 1 of 15 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. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of Installation of rubber speed cushions, installation and modification of signing and striping, setup of temporary traffic control and distribution of notifications to nearby residents and businesses. 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 and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. Page 2 of 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 and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. 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 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. Page 3 of 15 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. Trash Pick up Coordination Contractor shall provide a list of streets that will be striped every Wednesday, so the City can coordinate early trash pickup in these neighborhoods. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 40 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Unless otherwise approved by the Engineer. Normal working hours are limited to 8:00 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 obtain special permission from the Enginee p.m. on weekdays or 8:00 a.m. to 6:00 p.n outside the normal working hours must be desired time period. A separate request normal working hours, Contractor must first The request may be for 4:30 p.m. to 6:30 on Saturdays only. A request for working made at least 72 hours in advance of the must be made for each work shift. The Page 4 of 15 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 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 301h (City Office Closure) 12. December 31 It (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be 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 $500. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and Page 5 of 15 actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. Page 6 of 15 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. Page 7 of 15 SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, 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 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs 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, 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. 3 Provide As -Built Plans. Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $250 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. Item No. 4 Traffic Calming Devices: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for installing new rubber speed cushions. This item shall include furnishing of all rubber speed cushions and necessary Page 8 of 15 hardware as required to properly install. Delivery and storage of said cushions and hardware prior to installation shall also be included as part of the work under this item. Item No. 5 Signing and Striping: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement striping and markers, and removing or relocating street signs and posts. This bid item also includes installing temporary and permanent pavement striping, markings and markers, installing street signs and posts, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. 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 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General All new non -reflective pavement markers Types A and AY shall be ceramic. Page 9 of 15 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. 214-8 RUBBER ASPHALT SPEED CUSHIONS 214-8.1 Rubber Asphalt Speed Cushions 214-8.1.1 General Rubber Asphalt speed cushions shall be Traffic Logix SC -1050603-2A with white chevrons or approved equal. Speed cushions shall have a minimum tensile strength of 500 psi, minimum shore hardness of 70A and 100% deformation recovery rate. Speed cushions shall be 10.5' long x 6' wide x 3" high with entrance and exit gradient of 1:15 (7%) and lip of .25". Side gradient shall be 1:3 (35%) and lip of .25". Speed cushion shall also have 2 white chevron markings embedded into the rubber during the manufacturing process and have reflective qualities. Add Section 215 — TRAFFIC SIGNS SECTION 215 - TRAFFIC SIGNS Signs shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (0.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2 Y4 inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. PART 3 - CONSTRUCTION METHODS SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General The Contractor shall remove all existing traffic striping and pavement markings by grinding. Other methods such as sandblasting will not be allowed. Page 10 of 15 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be lane marking paint applied at 0.38 mm (15 mil) in one coat, as soon as possible and within 24 hours after the level course, finish course or slurry seal has been placed. The width of the temporary lane line stripes shall be one-half the width of the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full width and shall be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping. Existing thermoplastic striping shall be removed prior to the application of slurry seal. Temporary painted striping shall be placed within 24 hours of removal. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop bars and crosswalks shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The final reflectorized thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for all striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm (120 mil) thickness. Striping shall be applied by extrusion method. Sprayable thermoplastic striping shall not be allowed. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. Page 11 of 15 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. The concrete surface shall be roughened along the thermoplastic striping. The width of the roughened concrete surface shall match the width of the striping. Add Section 314-8 — INSTALLATION OF RUBBER ASPHALT SPEED CUSHIONS 314-8 INSTALLATION OF RUBBER ASPHALT SPEED CUSHIONS 314-8.1 Rubber Asphalt Speed Cushions 314-8.1.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. The Contractor shall mark or otherwise delineate the locations of rubber speed cushions for approval prior to installation. Installation of rubber speed cushions shall be per manufacturer instructions. Each module shall be bolted to the road using manufacturer recommended bolts and adhesive. If the Contractor fails to perform installation as specified herein, the contractor shall cease all contract work until the speed cushions have been properly installed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW - AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor installs speed cushions without receiving approval of location, the Contractor shall be required to reinstall cushion in approved location, at the Contractor's sole expense and complete necessary pavement repair to the satisfaction of the engineer. Add Section 315 — TRAFFIC SIGN INSTALLATION SECTION 315 - TRAFFIC SIGN INSTALLATION Location of traffic signs shown on plans is approximate and shall be approved by the City prior to installation. Signs shall be installed at a clear height of seven feet at minimum unless otherwise shown on plans. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. Anti -seize lubricant shall be applied to hardware/fasteners prior to installation. Signs shall be furnished and installed per CNB STD. No. 924-L Page 12 of 15 PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents and businesses within 100 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, the 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. The 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. The 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 13 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 the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, a traffic control plan showing typical closures and detour plan(s). The Contractor shall be responsible for processing and obtaining approval of traffic control plans from the Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of 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. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. Temporary striping may be required and shall be shown on the TCP. 6. The Contractor will be allowed to close one street at a time to complete the work. Work in other streets can take place if not immediately adjacent to the first area of work and does not cause any other impacts to residents, such as loss of street parking. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed streets. Page 14 of 15 7. Sidewalk closures shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. Page 15 of 15 Roadway Widths Dover Drive 32' Polaris Drive 40' Santiago Drive 40' Highland Drive 40' Mariners Drive 40' Tradewinds Lane 40' Commodore Road 40' - Roadway Cross -Sections Exhibit J Area -Wide Preliminary Conceptual Improvements Based on Council Policy L-26 "an Lane j ot�nSha i 8e Lane o (dn � ad e o ane W S Newport S2 O Aquatic Center / North Star Beach LZS O+r �y9c O oa may Legend: Study Area O=Existing Traffic Signal C �e O e� B i = Existing All -Way Stop \ ai„ S Wstvtind e Traffic Calming Striping (Add Detail 27B Edgeline) Qo\Ps Morning Star Lane = Traffic Calming Striping and Raised Features Z DETAIL 27B Right Edge Line O= Approximate Location of Speed Cushion = Striped Bulbout \ NOTE: I 0 500 1.000 - See Table 5 for compliance with the Council Policy L-26 Level 2 Tools CHteria. N ( IN FEET) 0559-2018-01 MARINERS AND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY. City of Newport Beach CA Page 1 of 14 ^a (ago O �gg O "an Lane j ot�nSha i 8e Lane o (dn � ad e o ane W S Newport S2 O Aquatic Center / North Star Beach LZS O+r �y9c O oa may Legend: Study Area O=Existing Traffic Signal C �e O e� B i = Existing All -Way Stop \ ai„ S Wstvtind e Traffic Calming Striping (Add Detail 27B Edgeline) Qo\Ps Morning Star Lane = Traffic Calming Striping and Raised Features Z DETAIL 27B Right Edge Line O= Approximate Location of Speed Cushion = Striped Bulbout \ NOTE: I 0 500 1.000 - See Table 5 for compliance with the Council Policy L-26 Level 2 Tools CHteria. N ( IN FEET) 0559-2018-01 MARINERS AND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY. City of Newport Beach CA Page 1 of 14 Exhibit K -I Preliminary Conceptual Roadway Detail Santiago Drive: Tradewinds Lane to Constellation Drive Edgelines end at Curb Return (typ.) Speed Cushion at approximately 130' south of intersection (See Exhibit L -I for derail) 140' Road Width I Location Map -xacl 9dn reps `nra5oc -.� ®� = Speed Cushion Location r,,:rrg esirnais Legend: = Caltrans Detail 2 Centerline (Existing) = Caltrans Detail 22 Centerline (Existing) = Caltrans Detail 27B Edgeline (Proposed) = Stop Bar and Stop Legend (Existing) NTS 40I 41 Godj 6" White Edgeline at 8' from Curb Face Notice: I. The exhibit is not to scale and all changes made are for conceptual purposes only and not meant for construction. I II. Speed Cushions should be placed under street light poles if possible and should not block residential driveways. N 0559-2018-01 MARINERS AND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY, C" of Newport Beach, CA Page 2 of 14 Location Map A—� = Speed Cushion Location Exsriadrimss �o116or -:f weed' mnY ^ar+g� Burr; ';rsncu:.-.r ^:v Shcidr ne-3a:oun?n =nr r eSl:ma!e Exhibit K-2 Preliminary Conceptual Roadway Detail Santiago Drive: Galaxy Drive to Holiday Road �Z 6" White Edgeline \\ at 8' from Curb Face Speed Cushion at approximately I� 33S'south of intersection (See Exhibit L- I for detail) 12. B: i Speed Cushion at approximately 395' north of intersection (See Exhibit L -I for detail) Edgelines end at Curb Return (typ.) Legend: Caltrans Detail 2 Centerline (Existing) = Caltrans Detail 22 Centerline (Existing) x=�=��m���• = Caltrans Detail 27B Edgeline (Proposed) = Stop Bar and Stop Legend (Existing) NTS 140' Road Width I tilo4,f,o YR O it Notice: I. The exhibit isnot to scale and all changes made are for conceptual purposes only and not meant for construction. I II. Speed Cushions should be placed under street light poles if possible and should not block residential driveways. N 0559-201 M I MARINERS AND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY, City of Newport Beach. CA Page 3 of 14 Location Map shy O ?J C = Speed Cushion Location �xac; rrrs;s ora6rm sf ,nrg ,,..ctin _. cid oa err.:u ntrn _.. . asiirnas Exhibit K-3 Preliminary Conceptual Roadway Detail Santiago Drive: Antigua Way to Ashford Lane Legend: = Caltrans Detail 2 Centerline (Existing) = Caltrans Detail 22 Centerline (Existing) = Caltrans Detail 27B Edgeline (Proposed) = Stop Bar and Stop Legend (Existing) NTS Notice: I. The exhibit is not to scale and all changes made are for conceptual purposes only and not meant for construction. I II. Speed Cushions should be placed under street light poles if possible and should not block residential driveways. N 0559-2018-01 MARINERS HND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY, Cy of Newport Beach. CA Page 4 of 14 Location Map ESTELLE iN Exhibit K-4 Preliminary Conceptual Roadway Detail Santiago Drive: Estelle Lane to Hampshire Lane ESTFttF CN. air a!e y OO 1JJ(i Edgelines end at Curb Return (cyp.) i6 i161G I.ttG I 1 t tG15 rGt1 �I IFG6 I�LIX' IL �! t.11li I 6" White Ed eline arm I.�ml �I+GG at B' from Curb Face HAM IS �a i 1..19 ]5 it.',Jfl = Speed Cushion Location ^eon -�sn-.r roav :range rtlun ;Uma HAMPSHIRE LN. Legend: = Caltrans Detail 2 Centerline (Existing) = Caltrans Detail 22 Centerline (Existing) = Caltrans Detail 27B Edgeline (Proposed) = Stop Bar and Stop Legend (Existing) M-rC! 12 12' Speed Cushion at approximately 320' south of intersection (See Exhibit L -I for detail) 40' Road Width Notice: I. The exhibit is not to scale and all changes made are for conceptual purposes only and not meant for construction. I . . II. Speed Cushions should be placed under street light poles if possible and should not block residential driveways. N 0559-201"1 MARINERS AND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY, Ciry of Newport Beach, CA Page 5 of 14 Location Map 15aE ) f Ilaa06 1.f OB i1.1 i tffp I HA.v,pSHIRE (N HAMS 13Ji '1J3B � il) 'raJ2 �l)9 rJar J �J25 'r'Ja fa I Cl2> J:J 11rJ20 �JJa J'J rJ1u rJ 15 ' - I �- 1JJ2 / ua9 'Jrs ^ �-- rzs, aas dlg _ ® = Speed Cushion Location aie Exhibit K-5 Preliminary Conceptual Roadway Detail Santiago Drive: Hampshire Lane to Antigua Way HAMPSHIRE LN. Edgelines end at Curb Return (typ.) 40' Road Width 6" White Edgeline at 8' from Curb Face Legend: = Caltrans Detail 2 Centerline (Existing) = Caltrans Detail 22 Centerline (Existing) --�-^^��- = Caltrans Detail 27B Edgeline (Proposed) = Stop Bar and Stop Legend (Existing) NTS Speed Cushion at approximately 250' south of intersection (See Exhibit L -I for detail) Notice: I. The exhibit isnot to scale and all changes made are for conceptual purposes only and not meant for construction. I IL Speed Cushions should be placed under street light poles if possible and should not block residential driveways. N 0559-201"1 MARINERS AND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY. C" of Newport Beach. CA Page 6 of 14 Exhibit K-6 Preliminary Conceptual Roadway Detail Santiago Drive: Nottingham Road to Pescador Drive 4'o Location Map Edgelines end at Curb Return (typ.) ai,u j Li Speed Cushion a[ approximately /• 270' south of intersection •• (See Exhibit L -I for detail) 4r / Speed Cushion Location 00 B - /Z, A; /1 range ,'s, 40' Road Width �v (fl b" White Edgeline fig at 8' from Curb Face 7Q Speed Cushion at approximately 260' north of intersection - (See Exhibit L -I for detail) Legend: = Caltrans Detail 2 Centerline (Existing) = Caltrans Detail 22 Centerline (Existing) -^--mom = Caltrans Detail 27B Edgeline (Proposed) = Stop Bar and Stop Legend (Existing) NTC Notice: I. The exhibit is not to scale and all changes made are for conceptual purposes only and not meant for construction. II. Speed Cushions should be placed under street light poles if possible and should not block residential driveways. N 0559-2018-01 MARINERS AND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY. Cuy of Newport Beach. CA Page 7 of 14 Edgelines end at Curb Return (typ.) 140' Road Width I Exhibit K-8 Preliminary Conceptual Roadway Detail Commodore Road: Tradewinds Lane to Mariners Drive Speed Cushion at approximately Location Map 185' north of intersection (See Exhibit L -I for detail) -, a\A. i 14 'moo 0 ; o t 6" White Edgeline at 8' from Curb Face Speed Cushion at approximately 335' north of intersection (See Exhibit L-1 for detail) Legend: = Caltrans Detail 2 Centerline (Existing) = Caltrans Detail 22 Centerline (Existing) --m-^�-^ = Caltrans Detail 27B Edgeline (Proposed) = Caltrans Detail 27B Edgeline (Existing) = Caltrans Detail 39A Bike Lane (Existing) = Stop Bar and Stop Legend (Existing) NTS ®�- = Speed Cushion Location S�AR���,f1T dR. zap r, ,r a J.a •r r _� eshr�alt is DR• Notice: I. The exhibit is not to scale and all changes made are for conceptual purposes only and not meant for construction. I IL Speed Cushions should be placed under street light poles if possible and should not block residential driveways. N 0559-201MI MARINERS AND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY. City of Newport Beach. CA Page 8 of 14 Legend: = Caltrans Detail 2 Centerline (Existing) = Caltrans Detail 22 Centerline (Existing) ^�--^•u-,•^—� = Caltrans Detail 27B Edgeline (Proposed) = Stop Legend (Existing) NTS Exhibit K-9 Preliminary Conceptual Roadway Detail Highland Drive: Irvine Avenue to Mariners Drive Location Map , = Speed Cushion Location Notice: I. The exhibit is not to scale and all changes made are for conceptual purposes only and not meant for construction. I II. Speed Cushions should be placed under street light poles if possible and should not block residential driveways. N 0559-2018-01 MARINERS AND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY. City o1 Newport Beach, CA Page 9 of 14 Location Map \_Z/% %.. = Speed Cushion Location Exact addrasa nrahnc r. -range ing ,.�asir,ctin ^ 5 Legend: Exhibit K-10 Preliminary Conceptual Roadway Detail Highland Drive: Estelle Lane to Marian Lane — Caltrans Detail 2 Centerline (Existing) — Caltrans Detail 22 Centerline (Existing) Caltrans Detail 278 Edgeline (Proposed) Yield Markings (Existing) I N.T.S. N OS59-2018-01 MARINERS AND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY. Cny of Newport Beach. CA Notice: I. The exhibit is not to scale and all changes made are for conceptual purposes only and not meant for construction. If Speed Cushions should be placed under street light poles if possible and should not block residential driveways. Page 10 of 14 Exhibit K -I I Preliminary Conceptual Roadway Detail Mariners Drive: Dover Drive to Deborah Lane Location Map ` C" .. ;v,nRlNEus oe �� 0 ®— = Speed Cushion Location r 2 Z 40' Road Width Edgelines end at Curb Return (typ.) MARINERS pit. Q Speed Cushion at approximately 270' east of intersection e White Edgeline at 8' from Curb Face (See Exhibit L -I for detail) a i Legend: = Caltrans Detail 2 Centerline (Existing) = Caltrans Detail 22 Centerline (Existing) = Caltrans Detail 27B Edgeline (Proposed) = Caltrans Detail 27B Edgeline (Existing) = Caltrans Detail 39A Bike lane (Existing) Stop Bar and Stop Legend (Existing) NTS Notice: I. The exhibit is not to scale and all changes made are for conceptual purposes only and not meant for construction. I II.Speed Cushions should be placed under street light poles if possible and should not block residential driveways. N 0559-201MI MARINERS AND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY, Cy of Newport Beach, CA Page 11 of 14 Exhibit K-12 Preliminary Conceptual Roadway Detail Dover Drive: Nottingham Road to Norfolk Lane Location Map O ��/ �GhgM RD, �-• = Speed Cushion Location J' 32' Road Width 6' 7sideof ine / at Face on weover Drive Speed Cushion at approximately 260' north of intersection (See Exhibit L-2 for detail) 6" White Edgeline at 7' from Curb Face on east side of Dover Drive Edgelines end at Curb Return tiOR�o< Legend: — Caltrans Detail 2 Centerline (Existing) — Caltrans Detail 22 Centerline (Existing) ��•�^-.,.,Rm.�..,,.. = Caltrans Detail 27B Edgeline (Proposed) = Stop Bar and Stop Legend (Existing) NTS Notice, I. The exhibit isnot to scale and all changes made are for conceptual purposes only and not meant for construction. I II. Speed Cushions should be placed under street light poles if possible and should not block residential driveways. N 0559-2018-01 MARINERS AND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY, City of Newport Beach, CA Page 12 of 14 C W U Q LL Ica U Notes: 1. Speed Cushion Specs: 1:15 i 1:3 _ 1:3 i 1:15 RATIO GRADIENTS WITH 3" HEIGHT AT CENTER 8- 3.5' 6 - Lu Z w Lu F- CL 12' 12' vv 3' 6' 6' 3' Z U, Lu U 1 w Lu Nq 3 4 ' Exhibit L- I Speed Cushion Detail 40 -Foot Wide Street s' 6' 3.5' to/ 1 100' I W8-1 (BUMP) • NOT TO SCALE • NOT FOR CONSTRUCTION 0559-201MI MARINERS AND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY, C, of Newport Beach. CA Page 13 of 14 1 3 - 10.5' t LU U LLQ m U Notes: 1. Speed Cushion Specs: 1:15 1 1:3 1:3 1 1:15 RATIO GRADIENTS WITH 3" HEIGHT AT CENTER Lu Z J W w LU CL 6' 2' 6' 2' 6' 2' Lu Z J W IN IN w Exhibit L-2 Speed Cushion Detail 32 -Foot Wide Street (Dover Drive) 7' 6' 1' 50' 100 0 1 W8-1 (BUMP) NOT TO SCALE NOT FOR CONSTRUCTION 0559-2018-01 MARINERS AND DOVER SHORES NEIGHBORHOOD TRAFFIC CALMING STUDY. City of Newport Bcach, CA Page 14 of 14