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HomeMy WebLinkAboutC-7900-2 - Newport Beach Police Station Upstairs Restroom RemodelCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov February 14, 2024 Urban Professional Builders, Inc. Attn: Naji Haj-Khalil 157 El Nido Ave. Pasadena, CA 91107 Subject: Newport Beach Police Station Upstairs Restroom Remodel — C-7900-2 Dear Mr. Haj-Khalil: On February 14, 2023, 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 February 15, 2023, Reference No. 2023000033997. The Surety for the contract is The Ohio Casualty Insurance Company and the bond number is 024255930. Enclosed is the Faithful Performance Bond. Sincerely, 4W*Yy® Leilani I. Brown, MMC City Clerk Enclosure Premium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO, 024255930 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,225.00 , being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Urban Professional Builders, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract comprises of general construction of a restroom rehabilitation; obtaining City building permits; passing background checks for all workers entering the Police Station; removing and disposing of the existing improvements; constructing improvements; and completing other incidental items in place as required by the Contract Documents at the Newport Beach Police Department located at 870 Santa Barbara Drive, Newport Beach, CA 92660, 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 Two Hundred Nine Thousand Dollars ($209,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the Urban Professional Builders, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, forvalue 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 11th day of May ,2022 . Urban Professional Builders, Inc. K ) A 1 preS; Name of Contractor (Principal) Authoriz�gnature/Ti le The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South Suite 200 Orange, CA 92868 Address of Surety (714) 937-1400 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 5,10s-as �ebuGCQt�..e __ Authorized Agent Signature By: RJ 4("r) A n C. HarWa oxt%Q1% City Attorney Rebecca Haas -Bates, Attornesy-in-Pact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Urban Professional Builders, 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. ** Please see attached ** State of California County of LOS Ao S ) ss. On 051 tit 1 , 20 2Z before me, Airrickrido atas,)g: Cpe q, Notary Public, personally appeared % V�q' — 1 i 1 who proved to me on the basis of satisfactorftvidence to be the person(s) Whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/herttheir 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. ' AMANBABESSIECABRERA t Notary Public- California �.x�S1�15�� .•.. - Los Angeles County >: Commission M 2281191 My Comm. Expires Mar 16, 2023 Sign ure (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) Urban Professional Builders, Inc. Page B-3 CALDFORNIA ALL-PURPOSE ACKNOWLODGMENT CIVIL CODE 1189 • s,s.. e. ,ist rs,<!-.ec<s�:.r�¢�-, s, .,:r..:u:... •• .. •. <.iu :c eca . , r<. . • .,.erg•. • s ¢ s s •.:ur-.us •. .au.-¢ia< ` .a,.sa•. A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California ) County of Orange ) On 05/11/2022 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer(* who proved to me on the basis of satisfactory evidence to be the persons} whose name4 is/are subscribed to the within Instrument and acknowledged to me that iae/she/they executed the same in Wher/tha C authorized capacity), and that by hWher/t wir signature(9).on the instrument the person(s)* or the entity upon behalf of which the person(4 acted, executed the Instrument. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. QALMAKARENHERNANDEZ/Jo Notary Public • CaJforoia Signature,_ —Orange CountyCommission ; 2390908 Signature of Notary Publi My Comm, Expires Jan 16. 2026 N Place Notary Seal Above OPTIONAL - Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Faithful Title or Type of Document: Performance Bond No. 024255930 Document pate: Number of Pages: Three 3 Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General GI Individual WAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: The Ohio Casualty Insurance Company 05/11/2022 Signer's Name: ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: rev"+raatY �ttC «s,: vuT+rs`. ."ate, .:c ,w O 1 • • • • • V • • • :11 v • �' :11 . .: •1 O d !6 Liberty Mutual® SURETY This Pow �huorney limits the acts of those named herein, and they havi. luthority 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: 8205009 - 969336 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, Ihal Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Rebecca Flans -Bates: Richard Adair: Sersio Bechar. Willian, Nvrkin — - -- -- - ..r. earn nmmuuany it mere us more man one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, far 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 IOth day of March , 2021 . of PENNSYLVANIA y of MONTGOMERY as msN Y w Liberty Mutuallnsurance Company Ps" Rq pit sop 1Nauq The Ohio Casualty Insurance Company ,�J �OPPofl4T yC yJ `OaPORq `9y VP" 00.PORq Q'fi J + � m v S 'g, n a 3° 'k, m West American Insurance Company Fg1912yo 0 1919 � � 1991 ° w Yd'JR 3 s y R� ° a °/ y8j' *U9*,dD ° HHAMP9 NdD� Ysy PNOIANP�dD� By:. r 1• M a F ❑avid M f:arov Acciclanl Senromo, On this 10th 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 try notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. (s, CommoTeresahPostage, No ary n blic ry SealMsion exeryeounlyMy cCaressalum number M it 260428. 2825 BY: Commission number 1128n44bFmbae Noretles eresaPasfella, Notary Public W1� 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 Amerlcan 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 executlon 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, mcognlzances and other surety obligations. Such attorneys-In-facl 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 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 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. - INTESTIMONYWHEREOF,Ihavehereunto set my hand and atlixodthe seals ofsaidCompanies this 11th day of May , 2022 . 1NSU r'°�tY IN3U t' 1NSUq ,�JP�oaroflq� �yJP`oavoRq Ry` Y �A oaroflgPg2 Via° ee om g 1912 0 1919 �(` 1991 ' B: y (iy�i4SgCNU90 -a0 PXAMP9� D3., /NOIANP D3 ar> * *a y7,,x t�,I ryM Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Mula Co 02/21 No. 5133-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State ofCallfornia, The Ohio Casualty Insurance Company ofNew Hampshire, organized under the laws of New Hampshire, subject to its Articles of Incorporation or otherfundamenial organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofauy, of the applicable laws and lawful requirements made under authority of the laws of the State ofCalifornto as long as such laws or requirements are in elect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 10 day of March, 2013,1 have hereunto set my hand and caused my official seal to be affixed this 1916 day of March, 2013. Dave Jones fnsurnnce Commissioner By Valerie J. Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after Issuance of this Certificate ofAuthority. Failoveto do so will be a violation oflnsurance Codesection 701 and will begrounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov April 21, 2023 Urban Professional Builders, Inc. Attn: Naji Haj-Khalil 157 El Nido Ave. Pasadena, CA 91107 Subject: Newport Beach Police Station Upstairs Restroom Remodel - C-7900-2 Dear Mr. Haj-Khalil: On February 14, 2023, 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 February 15, 2023, Reference No. 2023000033997. The Surety for the bond is The Ohio Casualty Insurance Company and the bond number is 024255930. Enclosed is the Labor & Materials Payment Bond. Sincerely, ZA NA Leilanil Brown, MMC City Clerk Enclosure Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 024255930 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Urban Professional Builders, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract comprises of general construction of a restroom rehabilitation; obtaining City building permits; passing background checks for all workers entering the Police Station; removing and disposing of the existing improvements; constructing improvements; and completing other incidental items in place as required by the Contract Documents at the Newport Beach Police Department located at 870 Santa Barbara Drive, Newport Beach, CA 92660, 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 Two Hundred Nine Thousand Dollars ($209,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Urban Professional Builders, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 11th day of May 2022 Urban Professional Builders, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South Suite 200 Orange, CA 92868 Address of Surety 714-937-1400 Telephone APPROVED AS TO FORM: /Vali Lhgdil ; Fresjjen+ Author�iz d Signature/Title 'Qe,bat,ctp �p'�+ Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title CITY ATTORNEY'S OFFICE Date: ot By: 4) A r n C. HarPM 40tiliv Ci Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Urban Professional Builders, 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. ** Please see attached ** State of California Countyof LOS Ao24f-cS )ss. n II On 08 1 12 20 22 before me, AmGndq 2SS1e �b Notary Public, personally appeared "a' — Wyy:Al who proved to me on the basis of satisfactory a idence to be the person(s) w ose 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. WITNE S my hand and official seal. �:� ., AMANDA BESSIE CABBERA Notary Public - California Los Angeles County Commission q 2281191 My Comm. Expires Afar 16, 2023 Signatur (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) Urban Professional Builders, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENY CIVIL ..- i A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 05/11/2022 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca NameKof SignerN who proved to me on the basis of satisfactory evidence to be the persons} whose name(4 is/are subscribed to the within instrument and acknowledged to me that iae/she/theft executed the same in his/her/their authorized capacity I(Ls), and that by hia/her/their signature(4on the instrument the person(* or the entity upon behalf of which the persons) acted, executed the instrument. ;!?F ALMA KAREN HERNA,NDE2 9 Notary Public - Catifcrma t Orange County Commission # 239090E tl My Comm. Expres Jan 16, 2026 00 ' Place Notary Seal 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 4:- 4-, Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Labor and Materials Title or Type of Document: Payment Bond No. 024255930 Document Date: 05/11/2022 Number of Pages: Three 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual WAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The Ohio Casualty Insurance Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: /G'✓G'✓<"/ti;`•!G\ Vn-�'/%G'�%GGbG[✓✓_.<'vt .`/G "✓<\<�G'✓� r;4'vG\'✓Gt v_<GYA� 'iT✓<v.'uG' G'v.-v.-.i `✓{�G'✓GCeiG�. eiG�SG'. Liberty Mutual® SURETY This Pow Attorney limits the acts of those named herein, and they have 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: 8205009 - 969336 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, Rebecca Haas -Bates; Richard Adair; Sergio Bechara; William Syrkin a liters oe more mn one named. its true and execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bondsa ecogniz noes and other suretylobligatio s, in pus ance 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 IOth day of March , 2021 . Liberty Mutual Insurance Company P�tNsuRq P`rtYINs� �1NSUq The Ohio Casualty Insurance Company =J3ooavoryre/.m egy3NONpoRrPe� uP�oppolyr'9y� West American Insurance Company a 9e1912 , s°'-y = 1919 p o a 1991 � $ 4cHJS�.da ONAMPe� a Y pN01RNP a; e/>' *� �H1. t•� �''M: has By: State of PENNSYLVANIA ss On this tOth 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 —Nest 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. 0 p PASTP Q W1soMWe ( 7=1 nnsyo., Notary Seal n �2 �y ve,Notary PublicOFery County/''1pire. March 28, 2025 By: 1!/Illl)eumber 1120044 //-- �m, JT�y4 M.".1. P.nme,1r.m. A ocla6pn w Nmmn.a Teresa Paslella, Notary Public 7gRv We 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 limilatin 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 Bard, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All- 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 attomeys-in-fact subject to the limitations set forth in (hair respective powers of attorney, shall have full power to bind the Company by their signature and ezecufin 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 - Net 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, reoognizances 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 appealing upon a certified copy of any power of attorney issued by the Company in connection with suety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify 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 11 th day of May . 2022 �- 1NSU ,�JPeoNPory�y� i f � 1912� o YdJy='x'P9cxUSP' .eN B/y * axe LMS-12873 LMIC OCIC WAIC Mulb Co 02/21 OSt OSY INS��' jq 1NSURq PFPµPOgglJ PO �I\1991 �*:s� o xFNdD$ By ReneeC Assistant Secretary \ter No. 5133-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to its Articles oflncorporation or other fundamental organizational documents, is herebyauthorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 19`h day of March, 2013, I have hereunto set my hand and caused my official seal to be affixed this I e day of March, 2013. Dave Jones fnruronce Commissioner By Valerie J. Sarfety for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failureto do so will be a violation oflnsurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. 2115/23, 11:50 AM Batch 15352452 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 11111111111111111111111111I111111I1111111I11flIIII I11I11111111111111 NO FEE *$ R 0 0 1 4 2 0 1 4 9 9$ 202300003399711:47 am 02/15/23 90 CR-SC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Urban Professional Builders, Inc., Pasadena, California, as Contractor, entered into a Contract on April 26, 2022. Said Contract set forth certain improvements, as follows: Newport Beach Police Station Upstairs Restroom Remodel - C-7900-2 Work on said Contract was completed, and was found to be acceptable on February 14, 2023, 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. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �;� at Newport Beach, California. NyA https://gs.secure-recording.com/Batch/Confirmation/15352452 1/7 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 Urban Professional Builders, Inc., Pasadena, California, as Contractor, entered into a Contract on April 26, 2022. Said Contract set forth certain improvements, as follows: Newport Beach Police Station Upstairs Restroom Remodel - C-7900-2 Work on said Contract was completed, and was found to be acceptable on February 14, 2023, 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. BY Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 1 % Y� ) at Newport Beach, California. M c CITY OF NEWPORT BEACH CIA 10414 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 15t" day of March, 2022, at which time such bids shall be opened and read for Newport Beach Police Station Upstairs Restroom Remodel PROJECT NO. 22F02 CONTRACT NO. 7900-2 $161,000 Engineer's Estimate Q SEW Pp�,T C"�Cr rpR�\P Approved James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 MANDATORY PRE -BID SITE WALK: A mandatory job walk will be conducted for this project on March 2, 2022 at 9:00 a.m. at the 870 Santa Barbara Drive 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: "B" For further information, call Tom Sandefur, Protect Manager at (949) 644-3321 City of Newport Beach Newport Beach Police Station Upstairs Restroom Remodel PROJECT NO. 22F02 CONTRACT NO. 7900-2 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIALPROVISIONS............................................................................................ SP-1 E City of Newport Beach Newport Beach Police Station Upstairs Restroom Remodel PROJECT NO. 22F02 CONTRACT NO. 7900-2 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, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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. 3 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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: 51 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 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. 1005085 Class B Contractor's License No. & Classification 1000044349 6/30/2022 DIR Registration Number & Expiration Date Owner Authoriz d Signature/Title Q4 a Date URBAN PROFESSIONAL BUILDERS, INC. 5 City of Newport Beach Newport Beach Police Station Upstairs Restroom Remodel PROJECT NO. 22F02 CONTRACT NO. 7900-2 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Total Amount Bid ----- Dollars ($ 10% of Bid------ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Newport Beach Police Station Upstairs Restroom Remodel, Contract No. 7900-2 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, f. is agreed that the death of any such Principal shall not exonerate the Surety from its oo ligalions under this Bond. Witness our hands this 3rd day of March 2022 Urban Professional Builders, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South Suite 200, Orange, CA 92868 Address of Surety (714) 937-1400 Telephone N - ; I 1 Nr A thorized Signature/Title Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) me 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 "Please see attached" } 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 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: ACKNOWLEDGMENT 7 (seal) Thumbprint of Signer Check here if no thumbprint or fingerprint is available. 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 drOS ?, S } ss. On MAY tln l4 , 't o',>r2 20 before me, _ eO( vf PM 4 S2 �VA- Notary Public, personally appeared tjo)i "Vloy �6 i ghA who proved to me on the basis of satisfa tory evidence to be t`�ie person(s) whose name(s) is/m-we-- subscribed to the within instrument and acknowledged tome that he/s4eA4epr executed the same in his/her/their authorized capacity{} ), and that by his/her/their signatures+&-�on the instrument the persor4li�, or the entity upon behalf of which the persor4.&) 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. SI 45�; W°'hE HENRY AUGUSTO SELVA Notary Public - California Los Angeles County F Commission # 2380815 `'� �� My' Comm, Expires Oct 29, 2025 + ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 03/03/2022 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signerr,-4 who proved to me on the basis of satisfactory evidence to be the person* whose name4 is/are subscribed to the within instrument and acknowledged to me that +Wjshe/they executed the same in }ft/her/thsir authorized capacity i*, and that by NE,/her/threir signature on the instrument the persons. or the entity upon behalf of which the person(sl 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. LILIANA GOMEZ G61'Zj"_ Notary Public - CaliforniaOrange County SignatureCommission # 2243326My Comm. Expires May 20, J022 Signature of Notary Pu 1' Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 03/03/2022 Number of Pages: Three 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 5?Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The Ohio Casualty Insurance Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: t�4"✓4��'.✓4��'"�t�.<✓. ate'K✓.4'✓�•✓4'✓�✓.4'L/'.<�.«�<�✓.4 4C✓.«.4`:.4'✓<�4C�!4'✓4Cy:✓<�✓..'aT'.�5/4✓<�'"✓ 'c_/,4'✓4'✓<'✓ -L .•i<' .4C_ 4"✓'"e'4' @2014 National• • •www.NationalNotary.org :11 • :11 : • •: 91 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: 8205009 - 969336 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, Rebecca IIaas-Bates; Richard Adair; Sergio Bechara• William Syrkin all of the city of Irvine state of CA each individually if there be more than one named, its true and lawful attomey-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 I Oth day of March , 2021 . of PENNSYLVANIA y of MONTGOMERY Liberty Mutual Insurance Company 1Nsuq viY INs� 1NSUR The Ohio Casualty Insurance Company 0J%F I CCU yJP4DaaoRq�Q9y `oP�°aPor�rgy� West American Insurance Company Y$19120 0-A 9�o a 1991 0 Yd��i�cHus a3 y0-9AMP5Ada lf1�vNDIANp•�da� B 1 * 1 M * 1 y: David M. Carey, Assistant Secretary On this 10th 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. 9I, PAST NV F<' Commonwealth of Pennsylvania -Notary Seal rW ��c 4�i v Teresa Pastella, Notary Public Of Montgomery County My commission expires March 28, 2025 Commission number 1126044 By 2� wsvLv�` �c Member, Pennsylvania Association or Notaries eresa Pastella, Notary Public rAt3y PUP'v 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 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 attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surely 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 fiA, 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 3rd day of March , 2022 . 1NSU,p �1'( INS& J 3°°aPD�r`oo'Lncn - QJ?°°aaD�rFoy'LC� 1912y0 oU 1919 M, Yd�9sS4cNus�` A Z0 ��A'AMP9a�? i0 LMS-12873 LMIC OCIC WAIC Multi Co 02/21 1NSt/R `vP oaPor�rgy� Fo F '�% 1991 0 J,�,� a B• �s,, °*""�da� y Renee C. Llewellyn, Assistant Secretary 0 O "I- N 00 N M co CID U City of Newport Beach Newport Beach Police Station Upstairs Restroom Remodel PROJECT NO. 22F02 CONTRACT NO. 7900-2 DESIGNATION OF SUBCONTRACTOR(S)- AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. URBAN PROFESSIONAL BUILDERS, INC. Bidder 0 q- 10 t a); O wnt r Authori d Signature/Title City of Newport Beach Newport Beach Police Station Upstairs Restroom Remodel PROJECT NO. 22F02 CONTRACT NO. 7900-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name URBAN PROFESSIONAL BUILDERS, INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 Project Name/Number COSTA MESA FIRE STATION #3 MAINTENANCE/REPAIR Project Description !( a U a ' e�� �' qg� cft� ,��, S�,�L1 �� a Approximate Construction Dates: From 11/2021 To: 3/2022 I Agency Name The City of Costa Mesa Contact Person Irina Gurovich Telephone ( ) 714-754-5324 Original Contract Amount $274,000.Final Contract Amount $287,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) Additional work requested by the client. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 10 No. 2 Project Name/Number Miro Way Enclosed Storage Garage Contract #: CAE-068-COl Project Description Foundation, Slab, Installation of a pre-engineered Steel Building. Approximate Construction Dates: From 11/2020 To: 4/2021 Agency Name San Bernardino County Contact Person Elsy Banks Telephone ( ) 909-677-7950 Original Contract Amount $96,000. Final Contract Amount $112,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders and additional work requested by the client. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. No. 3 Project Name/Number Crescenta Valley High School Sports Medicine Building Project Project Description New utilities, site Drainage, foundations, and site concrete work for a new portable building. Approximate Construction Dates: From 4/2019 To: 3/2019 Agency Name Glendale Unified School District Contact Person Jeff Bohn Telephone ( ) 818-254-6526 Original Contract Amount $543.000. Final Contract Amount $614,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) Additional work requested by the client. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 11 No. 4 Project Name/Number Canyon Park Cabin Remodel Project #: 3100 Project Description Remodeling of a cabin in a public park. Approximate Construction Dates: From 2/2018 To: 5/2018 Agency Name The City of Monrovia Contact Person Sean Sullivan Telephone ( ) 626-932-5522 Original Contract Amount $118,000. Final Contract Amount $134,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) Additional work requested by the client. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. No. 5 Project Name/Number Electric Vehicle Charging Stations Project #: GP-17002 Project Description Supply power and install electrical vehicle chargers. Approximate Construction Dates: From 3/2018 To: 5/2018 Agency Name The City of West Covina Contact Person Miguel Hernandez Telephone ( ) 626-827-1178 Original Contract Amount $95,000. Final Contract Amount $104,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 12 No. 6 Project Name/Number Senior Center Remodel Project Description Remodeling of the city's Senior Center. Approximate Construction Dates: From 2/2019 To: 8/2019 Agency Name The City of South El Monte Contact Person Okan Demirci Telephone ( ) 714-319-6137 Original Contract Amount $66,000. Final Contract Amount $76.000.00 If final amount is different from original, please explain (change orders, extra work, etc.) Additional work requested by the client. 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. Attach additional sheets if necessary Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. URBAN PROFESSIONAL BUILDERS INC. Bidder AuthoriztdSignature/Title 13 Angel Loera 1411 N Carmelita Ave. Los Angeles CA 90063 Phone: 323 517 3228 e-mai 1: Angelloera@urbanbuilders. corps Work History Superintendent June 2015 - Present Urban Professional Builders; INC. 157 El Nido Av. Pasadena, CA 91107 Responsibilities include full supervision of all construction activities; including procurement of material, managing laborers and subcontractors. Also, implementing all of the company and OSHA safety rules and regulations. Major Projects completed: I - Gaffey Street Median Project San Pedro, CA Work included Grading, Concrete sidewalks, lighting and landscaping. $560,000.00 Completed: 2016 2- Private Custom Home Franklin Hills, Los Angeles CA Complete remodel and addition of 1300 SF $1,100,000.00 Completed: 2016 3- Crescenta Valley High School La Crescenta, CA Glendale Unified School District $ 634,000.00 Work included the installation of a new Modular Building (2 classrooms) for the Sports Medicine Facility Completed: 2019 Superintendent ATEK Construction, Inc. 660 Balser St., Ste. 369 Costa Mesa, CA 92626 Supervising all Project onsite activities Major Projects completed: 1- Compton-Slauson Natural Park Mountains Recreation and Conservation Authority $2,650,000.00 Completed: 2004 2- Fountain Valley High School Technology Upgrades Huntington Beach Unified High School District $3,640,000.00 Completed: 2003 3- Los Robles New Clubhouse and Pro shop City of Thousand Oaks, CA $6,300,000.00 Completed: 2001 Education High School July 2001 — September 2014 City of Newport Reach Newport Beach Police Station Upstairs Restroom Remodel PROJECT NO. 22F02 CONTRACT NO. 7900-2 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of L&S bwW ) Naji Haj-Khalil being first duly sworn, deposes and says that he or she is owner of URBAN PROFESSIONAL BUILDERS, INC. the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. URBAN PROFESSIONAL BUILDERS, INC.. "d���� Bidder Authorikeb Signature/Tit e Subscribed and sworn to (or affirmed) before me on this_'•_day of MAVA , 2022 by Aynry A"v'Ov Ce.IwifA , Nd�" JU�11y , proved to me on the basis of satisfactory evidertbe to be the persons) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 04'1.1'11;�gmy HENRYAUGUSTO SELVANotary Public • California Nota Ic Los Angeles County Commission N 2380815 [SEAL] Comm. Expires Oct 29, 2025 r My Commission Expires: ld Z 14 City of Newport Beach Newport Beach Police Station Upstairs Restroom Remodel PROJECT NO. 22F02 CONTRACT NO. 7900-2 DESIGNATION OF SURETIES Bidder's name URBAN PROFESSIONAL BUILDERS, INC. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): The Ohio Casualty Insurance Company 790 The City Drive South Suite 200, Orange, CA 92868 714-937-1400 15 City of Newport Beach Newport Beach Police Station Upstairs Restroom Remodel PROJECT NO. 22F02 CONTRACT NO. 7900-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name URBAN PROFESSIONAL BUILDERS, INC. Record Last Five (5) Full Years Current Year of Record Current Record Record Record J Record Record Year of for for for for for Record 2021 2020 2019 i 2018 2017 Total 2022 No. of contracts 2 2 2 3 3 2 14 Total dollar I Amount of Contracts (in $420k $620k $480k $850k $1.15M $240k $3.76M Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost 0 0 0 0 0 0 0 workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder URBAN PROFESSIONAL BUILDERS, INC. Business Address: 157 El Nido Ave., Pasadena, CA 91107 Business Tel. No.: 310-801-8302 State Contractor's License No. and Classification: 1005085 Class B Title Naji Hai -Khalil, Owner 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 3/14/2022 Title President and Secretary 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 ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI See attached Notarial certificate 17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On March 14, 2022 before me, Henry Augusto Selva, Notary Public (insert name and title of the officer) personally appeared Naji Alexander Haj Khalil who proved to me on the basis of satisfactory evidence to be the person whose nameK isl;w-g- subscribed to the within instrument and acknowledged to me that he/l.e/.thay executed the same in his/her/their authorized capacityjjaa� and that by his/���signature( on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HENRY AUGUSM SELVA Notary Public - California ; Los Angeles County z T Commission 4 2380815 My Comm. Expires Oct 29, 2025 Signature (Seal) City of Newport Beach Newport Beach Police Station Upstairs Restroom Remodel PROJECT NO. 22F02 CONTRACT NO. 7900-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name URBAN PROFESSIONAL BUILDERS, INC. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 1 3/10/2022 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 Newport Beach Police Station Upstairs Restroom Remodel CONTRACT NO. 7900-2 DATE: BY: D uty PWD/City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. PRE -BID QUESTIONS: Q1: Will Basic Security Awareness Training or other online training by the Department of Justisce be required for the awarded Contractor and their subs? Al: Yes, CLETS Security Awareness Training along with the CLETS Private Contractor Management Control Agreement will be required on this project. Q2: Can you provide the pre -bid sign -in sheet? All: Yes, see attached. SPECIFICATIONS CHANGES: Add to Section 6-7.1 of the Special Provisions: "No demolition work can commence at the Police Department until July 11, 2022" i:\users\pbw\shared\contracts\fy21-22 current\100-facilit ies\police facility remdl ph 2 Of12\1.)d upstairs restroom\bidding dOGLIments\addendurrl 1\addendum no. 1 docx Bidders must sign this Addendum No. 1 and attach it to the bid proposal. _Abid mau be deemed unresponsive unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. URBAN PROFESSIONAL BUILDERS, INC. Bidder's Name (Please Print) 3/14/2022 Date LL, od , I Authorize Signature & Title Attachments: ® Site walk sigl-1411 sheet — March 2, 2022 1 1-2J facility remdl ph 2 0f121pd up sans resuoon-r\lbiddinq docurneni 1<xldendrnn 1laddenchim no 1-docx y.�'I'Cittr PD HQ Upstairs Restroom Renovation Project (C-7900-2) Mandatory Pre -Bid Meeting Sign -In Sheol Wednesday, March 2, 2022 at 9:00 am 870 Santa Barbara Drive, Newport Beach, CA 92660 Name Agency/Company Phone Na, ff Email 01 9 ;Cah)'k (,,asfr�vi.c�, s - {Po.lv��� hd- /d c�t��` -1-40 9 3 i f lvelyo V�' •..t ,.I. f I ofi ., i [ y ��, r J 7 L i 1 �G.--• �`�( �� � t' � W£ L�,,, � U It'" /ld+' J �� �`% r._AA � C�1�.i�f s iLkV 6l1V.V��7�.r�c�Q..�'�90 �IVOA A: i � '1 � ' ` i I r}•�.,;;�,•, � -, rr;�+:,- c�r'� r'„ r �•r•�,•4r. JV City of Newport Beach Newport Beach Police Station Upstairs Restroom Remodel PROJECT NO. 22F02 CONTRACT NO. 7900-2 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: URBAN PROFESSIONAL BUILDERS, INC. Business Address: 157 El Nido Ave., Pasadena, CA 91107 Telephone and Fax Number: 310-801-8302 California State Contractor's License No. and Class: 1005085 Class B (REQUIRED AT TIME OF AWARD) Original Date Issued: 6/30/2015 Expiration Date:6/30/2023 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: Eyad Khalil, Project Man The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Naji Haj-Khalil Owner 157 El Nido Ave., Pasadena. CA 91107 310-801-8302 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NIA All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: WJ, A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No. Have you ever failed to complete a project? If so, explain. No. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /Q 20 Are any claims or actions unresolved or outstanding? Yes /® If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Naji Haj-Khalil (Print name of Owner or President of Corporation/Company) URBAN PROFESSIONAL BUILDERS, INC. +4 IL �� 11 Bidder Authorized4 ignature/Title Owner Title 3/14/2022 Date Op [ h 0 V1' before me, �(kit y AVIVI D Notary Public, personally appeared NA hdh� #A I!KkA Oi i jwho proved to me on the basis of satisfactory evidence to be the persons whose nameK is/are' subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisM� authorized capacity0es , and that by his/lve�ir-sigfl ture(eon the instrument the person(W, or the entity upon behalf of which the person< acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Not@4y 1ied and 'for said State My Commission Expires: D- G4' 2 tZ S 21 *YY HENRYAUGUSTO SELVA Notary Public • California (SEAL) LOS Angeles County i Commission M 2380815 Comm. Expires Oct 29, 2025 NEWPORT BEACH POLICE STATION UPSTAIRS RESTROOM REMODEL CONTRACT NO. 7900-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 26th day of April, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and URBAN PROFESSIONAL BUILDERS, INC., a California corporation ("Contractor"), whose address is 157 El Nido Ave. Pasadena, CA 91107, 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 comprises of general construction of a restroom rehabilitation; obtaining City building permits; passing background checks for all workers entering the Police Station; removing and disposing of the existing improvements; constructing improvements; and completing other incidental items in place as required by the Contract Documents at the Newport Beach Police Department located at 870 Santa Barbara Drive, Newport Beach, CA 92660 (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. 7900-2, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two Hundred Nine Thousand Dollars ($209,000.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Naji Haj-Khalil 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. Urban Professional Builders, Inc. Page 2 Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director 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: Naji Haj-Khalil Urban Professional Builders, Inc. 157 El Nido Ave. Pasadena, CA 91107 Urban Professional Builders, Inc. Page 3 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide. Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 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. Urban Professional Builders, Inc. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract 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. Urban Professional Builders, Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 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 Urban Professional Builders, Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 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. Urban Professional Builders, Inc. Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 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. Urban Professional Builders, Inc. Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Urban Professional Builders, 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: By: C,)A �r ron C. Harp City Attorney ATTEST: Date: �' 1• �� o� M Brownlei�ani 1. City .�i�_ CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoo Mayor CONTRACTOR: URBAN PROFESSIONAL BUILDERS, INC., a California corporation Date: Signed in Counterpart By: Naji Haj-Khalil Chief Executive Officer/Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Urban Professional Builders, 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 ATTORNEYS OFFICE Date: S --?.) By: Ar n C. Har 9 Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONTRACTOR: URBAN PROFESSIONAL BUILDERS, INC., a California corporation Date: /I-�/Z 2 By: ,Y,--"'D� ' — Naji Haj-Kha Chief Executive Officer/Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Urban Professional Builders, Inc. Page 10 Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 024255930 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Urban Professional Builders, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract comprises of general construction of a restroom rehabilitation; obtaining City building permits; passing background checks for all workers entering the Police Station; removing and disposing of the existing improvements; constructing improvements; and completing other incidental items in place as required by the Contract Documents at the Newport Beach Police Department located at 870 Santa Barbara Drive, Newport Beach, CA 92660, 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 Two Hundred Nine Thousand Dollars ($209,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Urban Professional Builders, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 11th day of May , 2022 Urban Professional Builders, Inc. �j A • 1 h ! j I Pros; er, Name of Contractor (Principal) AuthorizbU Signature/Title The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South Suite 200 Orange, CA 92868 Address of Surety 714-937-1400 Telephone Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date: By: a4 ) A r n C. Harp UM orll�lly Ci Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Urban Professional Builders, 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. ** Please see attached ** State of California County of Lp S Ao 2e -e S )SS. On 05 I \2 , 20 M before me, AmC VYJPc Notary Public, personally appeared "o" who proved to me on the basis of satisfactory a idence to be the person(s) w ose 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. WITNE S my hand and official seal. aMy AMANDABESSIECABRERA Notary Public-- California Los Angeles CountyCommission sMar1191 6, Comm. Expires Mar 16, 2023 Signatur (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) Urban Professional Builders, Inc. Page A-3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 05/11/2022 Date before me, Alma Karen Hernandez, Notary Public personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer NameKof SignerN who proved to me on the basis of satisfactory evidence to be the person(• whose name(b . is/a-, subscribed to the within instrument and acknowledged to me that 1le/she/they executed the same in Nis/her/their authorized capacity, and that by hWherltheb• signatureZ.on the instrument the person(,• or the entity upon behalf of which the person(s). acted, executed the instrument. ALMA KAREN HERNANDEZ 9 Notary Public • Ca4cr�ia z orange County > z Commission ; 239090s s•ca"'\My Comm. Expires Jai 16. 2026 r 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 e2 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Labor and Materials Title or Type of Document: Payment Bond No. 024255930 Document Date: 05/11/2022 Number of Pages: Three 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): I: J Partner — ❑ Limited 1-1 General ❑ Individual V Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The Ohio Casualty Insurance Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — C7 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: C•✓4✓i"ni4`✓4'✓4'✓4� '� 'r/ 'dy`'✓..'ei •• ei4�<" 'nih'U�4'. - f'•r •• q✓.�'✓�<'• '✓ •a. •.ri4's4'✓4�4�..4'ei.-✓4"ar •✓ •y4•✓4�4' S�4`�/,4' Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205009 - 969336 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, Rebecca Haas -Bates; Richard Adair; Sergio Bechara William Syrkin all of the city of Irvine 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 l Oth day of March , 2021 . vi e) C cc `m State of PENNSYLVANIA i rn County of MONTGOMERY ss Liberty Mutual Insurance Company �v 1Nsu,?. P�ZV INSrj d INsU,p The Ohio Casualty Insurance Company j2�°�PO�O'oy�'�, Q i�°aPO�'F��� �uPi°aPO"�rFyV West American Insurance Company o m 1912 0 21919� 0 r. 1991 0 d��/;CHUs�da3 y� yHA MPSa�O Vd1�/N010l" ,da� B / r 1*� Mrs y: David M. Carey, Assistant Secretary J > On this loth day of March 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insuranc( "o Company,—Thesualty, Comany, Ohio Capand V e t American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purpose; � _ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. N v 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. cm O N �gq PgsTF Q• ONtvF [Comm7onwealthofnnsylvania -Notary SealdjO �0� �y 9lla, Notary PublicOOF ery County C O pires March 28. 2025 By• number 1126044 %^Svt.NP G Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public 0 N ARY P� 4? 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 E•� 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 a >1 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 z•- 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 All — 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 11 th day of May 2022 , P� 1NS(/Rq � Pit NSU�p' .I�a 1NSU,Q `°µP0/� o�r�t° Q ?4°pppRq/, '9 Q plyp°C,y 1912 1919 fn * 1 ` 1991 dj1's`44CHUSF�.t,� �yNAMPSaa3O i /NDIANP a By: . 's�'M * *�d Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 0 N po CV Cl) w 0 M U No. 5133-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to its Articles oflncorporation or other fundamental organizational documents, is hereby authorizedto transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 19th day of March, 2013,1 have hereunto set my hand and caused my official seal to be affixed this 19`h day of March, 2013. Dave Jones Insurance Commissioner By Valerie J. Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. Premium is for contract term and is subject to adjustment based on final contract price EXHIBIT B Executed in: 2 Counterparts CITY OF NEWPORT BEACH BOND NO. 024255930 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,225.00 , being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Urban Professional Builders, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract comprises of general construction of a restroom rehabilitation; obtaining City building permits; passing background checks for all workers entering the Police Station; removing and disposing of the existing improvements; constructing improvements; and completing other incidental items in place as required by the Contract Documents at the Newport Beach Police Department located at 870 Santa Barbara Drive, Newport Beach, CA 92660, 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 Two Hundred Nine Thousand Dollars ($209,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the Urban Professional Builders, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 11th day of May ,2022 Urban Professional Builders, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 790 The City Drive South Suite 200 Orange, CA 92868 Address of Surety (714) 937-1400 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: !�;-,o 5-/0 a By: Jh a ('rN A n C. Harp (n�not►tiQ1y City Attorney AuthorizM Signature/Ti le Authorized Agent Signature Rebecca Haas -Bates, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Urban Professional Builders, 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. ** Please see attached ** State of California County of LOS A ga)t? S )SS. On 05 1 %2 J , 20 2Z before me, A man SvCo2`(q, Notary Public, personally appeared ► iM x q' — I'► I , who proved to me on the basis of satisfacto evidence to be the person(s) Aose 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. ,.- �. AMANDA BESSIE CABRERA Notary Public - California Los Angeles County T Commission k 2281191 V My Comm. Expires Mar 16, 2023 Sign kre (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) Urban Professional Builders, Inc. Page B-3 ALL-PURPOSECALIFORNIA • CIVIL •. ' Af.A2.AC.G� ,At.A�.G�2.A2.AC.A• A A ,Af . 2 Af.At_A .A .AtlA .T A .A A• Af.AS.A i�f � ,AC.G� .G •. .. 2_A�.At�\•� .Af.A•. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 05/11/2022 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer(sy who proved to me on the basis of satisfactory evidence to be the person('} whose name4 is/a�e subscribed to the within instrument and acknowledged to me that iwJshe/they executed the same in Ns/her/tfgir authorized capacity 1�, and that by hts/her/thair signatureZ.on the instrument the person(* or the entity upon behalf of which the person(-), acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 06A., ALMA (AREN HE adfc isg1'Notary Pubiic - Ca�ifcr�ia .SI natureOrange CountyCommission; 215c9ca Signature of Notary Publi y Comm. Expires Jan 16. 2 C 2 6 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Faithful Title or Type of Document: Performance Bond No. 024255930 Document Date: 05/11/2022 Number of Pages: Three 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates Corporate Officer — Title(s): 11 Partner — ❑ Limited ❑ General [] Individual WAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: The Ohio Casualty Insurance Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 11 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: <•✓4'•✓i-mA✓.'✓<'✓«. '�/4� <�••: .'rJ.' <✓<v<'• AU '�<' < <'ti •✓ `%per •✓ •c 4•s<'a/4�4 4t✓. '✓4V/'✓ 'i4'•✓<�.f' 'ei4•u.•ai 02014•nal Notary Associationwww.NationalNotary.org ill ' • 811 i • •891 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: 8205009 - 969336 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, Rebecca Haas -Bates; Richard Adair; Sergio Bechara; William S rkin all of the city of Irvine 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 I Oth day of March 2021 Ill Liberty Mutual Insurance Company Vkpo P� P"qY INS& tNSUq The Ohio Casualty Insurance Company j�PO�'oy�'� QJ2�°�PO�rF�yn .v �u°aPO"�rF yc+ West American Insurance Company 1912 " m U o C6 r3 y 0 o Z1919� 1991 0 YdV1ej; CHUS*,da1' S0�y HAMPsa�O Yf1��NDIANp'�,dL� By: N O r 1* 1 M+ 1 y' U `m State of PENNSYLVANIA David M. Carey, Assistant Secretary Cr cm, County of MONTGOMERY ss On this I Oth 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. �`'N PAS, Q• QgoN Wfi Commonwealth of Pennsylvania - Notary seal �tp ti-0I ';,� Teresa Paslella, Notary Public OF Montgomery County My commission expires March 28, 2025 By: Commission number 1126044 �4 Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public �qRY PUO� 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 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 All — 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 11 th day of May , 2022 PX1NSU� .P�(Y INSG� 1Nsurp AJ 4paPOR9.� ti� ' �JJ ppRPolt, C1�' Opppppq qi' 1912 " 1919 m LU o y m o 16 1991 0 dV193`rACHUSQ'�.dp / ?G iy%/A MStD� '\ �NDIANp' L3 By: PC s''M * *aa Renee C. Llewellyn, Assistant Secretary LMS-12873 L M I C OCIC WAIC Multi Co 02/21 O O N N M 00 CID U No. 5133-4 STATE OF CALIFO"IA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company ofNew Hampshire, organized under the laws of New Hampshire, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorizedto transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereajer be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 19`h day of March, 2013, I have hereunto set my hand and caused my official seal to be affixed this 19`h day of March, 2013, Dave Jones Insurance Commissioner By Valerie J. Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failure to do so will be a violation oflnsurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. :VAOII �« 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 Urban Professional Builders, 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 Urban Professional Builders, 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 Urban Professional Builders, 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. Urban Professional Builders, 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. Urban Professional Builders, Inc. Page C-5 City of Newport Beach Newport Beach Police Station Upstairs Restroom Remodel PROJECT NO. 22F02 CONTRACT NO. 7900-2 (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7900-2 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 3/14/2022 Date 310-801-8302 Bidder's Telephone and Fax Numbers 1005085 Class B Bidder's License No(s). and Classification(s) 1000044349 DIR Registration Number URBAN PROFESSIONAL BUILQERS, INC. Bidder 0a i Bidder's -Authorized Signature and Title 157 El Nido Ave., Pasadena, CA 91107 Bidder's Address Bidder's email address: estimator@urbanbuilders.com PR-1 Vendor Name Urban Professional Builders, Inc. Address 157 El Nido Ave Pasadena, California 91107 United States Respondee Nap Haj-Khalil Respondee Title Owner Phone 310-801-8302 Email estimator@urbanbuilders.com Vendor Type License # CADIR Bid Format Electronic Submitted 03/15/2022 9:58 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 283898 Lic: 1005085 DIR:1000044349 File Title File Name File Type BID SUBMITTAL C-7900-2 Urban Professional Builders pdf BID SUBMITTAL C-7900-2 Urban Professional Builders pdf General Attachment Bid Bond C-7900-2 Urban Professional Buildeis.PDF Bid Bond C-7900-2 Urban Professional Builders.PDF Bid Bond Showing 4 Subcontractors Name & Address Desc License Num CADIR Amount Type Central Valley Environmental Lead/Asbestos 974852 1000001557 S23,00000 4263 N Selland Ave Abatement and Fresno, California 93722 Selective Demo Crosby Plumbing Plumbing 994490 1000004513 $36,000.00 371 Crosby St. Altadena, California 91001 Dave's Electrical Maintenance Electrical 639551 1000053124 $17,000.00 1310 E Washington St Long Beach, California 90805 Millenium Air, Inc. HVAC 905863 10000694943 $7,000 00 6520 Platt Ave. 154 West Hills, California 91307 Discount Terms No Discount Item # Item Code Type Item Description Section 1 1 Police Department Upstairs Restroom Remodel 2 Provide As -Built Plans UOM QTY Unit Price Line Total 5209,000.00 LS 1 5208,000.00 $208,000.00 LS 1 $1,000.00 $1,000.00 Response Comment Yes Yes Section Title Section t Grand Total Line Total $209,000.00 $209,000.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS Newport Beach Police Station Upstairs Restroom Remodel Proiect Number 22F02 CONTRACT NO. 7900-2 PART 1 - GENERAL PROVISIONS SECTION 00 — PRE -BID MEETING 00-1 JOBWALK 1 1 1 SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 2 1-2 TERMS AND DEFINITIONS 2 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 5 5 5 5 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 6-1.1 Construction Schedule 6 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 8 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 8 7-1.2 Temporary Utility Services 8 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-2-5 Personnel Security Screening 8 7-7 COOPERATION AND COLLATERAL WORK 9 7-8 WORK SITE MAINTENANCE 9 7-8.4 Storage of Equipment and Materials 10 7-8.4.2 Storage in Public Streets 10 7-8.6 Water Pollution Control 10 7-8.6.2 Best Management Practices (BMPs) 10 7-10 SAFETY 11 7-10.3 Haul Routes 11 7-10.4 Safety 11 7-10.4.1 Work Site Safety 11 SECTION 9 - MEASUREMENT AND PAYMENT 11 9-2 LUMP SUM WORK 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment. 13 PART 2 - CONSTRUCTION MATERIALS 13 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 13 201-1 PORTLAND CEMENT CONCRETE 13 201-1.1 Requirements 13 201-1.1.2 Concrete Specified by Class and Alternate Class 13 201-2 REINFORCEMENT FOR CONCRETE 13 201-2.2 Steel Reinforcement 13 201-2.2.1 Reinforcing Steel 13 PART 3 - CONSTRUCTION MATERIALS 14 SECTION 310 - PAINTING 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS Newport Beach Police Station Upstairs Restroom Remodel Project Number 22F02 CONTRACT NO. 7900-2 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) the ARCHITECT'S TECHNICAL SPECIFICATIONS attached hereto; (2) these Special Provisions; (3) the Plans (Drawing No. B-5291-S); (4) the Building Materials Survey Report; (5) Cal OSHA and SCAQMD Rules and Procedures; (6) the City's Standard Special Provisions and Standard Drawings for Public Works Construction (Current Edition) http://www.newportbeachca.gov/government/departments/public- works/resources; (7) Standard Specifications for Public Works Construction (2015 Edition), including supplements (Green Book); (8) the applicable Codes shown on the Plans; (9) American Public Works Association Standard Drawings, Latest Edition; and (10) Building Permits. 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 00 — PRE -BID MEETING 00-1 JOBWALK The City will conduct a pre -bid site meeting on the date and at the time specified in the Invitation to Bid. Bidder attendance at this meeting is MANDATORY. The purpose of the Pre -bid Site Meeting is to acquaint prospective bidders with the site, local physical features, site logistics, obstructions, water and power sources, and security conditions and issues. The conditions and requirements of these Specifications will govern over any information presented at the Pre -bid Site Meeting. Addenda will be Page 1 of 14 prepared and issued, as necessary, to effect any changes to these specifications. All questions and inquires shall be delivered in writing to the Project Manager no later than March 7, 2022 at 3:00 p.m. SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall comply with eh following licensing requirements: • The Contractor awarded the Project: General Building "B" • The Subcontractor(s) performing non -building work shall be appropriately licensed by the State for their work. From the start of work until project completion, 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 comprises of general construction of a restroom rehabilitation; obtaining City building permits; passing background checks for all workers entering the Police Station; removing and disposing of the existing improvements; constructing improvements; and completing other incidental items in place as required by the Contract Documents at the Newport Beach Police Department located at 870 Santa Barbara Drive, Newport Beach, CA 92660. 2-9 SURVEYING 2-9.1 Permanent Survey Markers Page 2 of 14 Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The Architect of Record is WLC Architects. They can be contacted at (909) 987-0909. A minimum of two (2) sets of cut -sheets shall be included in the bid price and copies of each set shall be provided to City 48-hours in advance of any work. If the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required, the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the start of any Work. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. Page 3 of 14 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner Page 4 of 14 in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECT_I.ON 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK Page 5 of 14 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. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 30 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Normal working hours are limited to weekdays from 7:00 a.m. to 5:30 p.m. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 a.m. to 7:00 a.m. on weekdays or 7:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. In addition, 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: Page 6 of 14 1. January 1 st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. Page 7 of 14 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. 7-2-5 Personnel Security Screening Prior to commencing services, Contractor and all personnel assigned to work at the Newport Beach Police Department Headquarters (870 Santa Barbara Drive) are required to successfully pass a California Department of Justice Live Scan Fingerprinting background check (Live Scan), wants/warrants check and regional records clearance performed by the City of Newport Beach Police Department. The Contractor shall be responsible for obtaining the Live Scan for all workers prior to performing work and shall bear the cost thereof. The Contractor shall schedule the Live Scan with the Newport Beach Police Department. On the day of the Live Scan, the worker must obtain an application form from the Newport Beach Police Department (located at 870 Santa Barbara Drive). Upon completion of the application form, the Live Scan will be performed. The worker must possess a photo ID (e.g. Driver's License) at the time of the Live Scan. The Police Department will advise the Contractor and City's Project Manager whether the worker has passed Live Scan and want/warrant and records clearance. Following Council award, the Contractor shall schedule all employees planning to work within the facility for the Police Department screening process. Obtaining the screening results may take up to three weeks to process and is the sole responsibly of the Contractor in managing all employees working at the Police Department. Page 8 of 14 7-5 PERMITS Replace this section with "The project is deemed 'permit ready' by the City's Building Division (Plan Check No. 1157-2021). The Contractor shall obtain building permits from the Building Department prior to starting work and submit any and all deferred submittals for Building Department review per contract documents. City of Newport Beach Building Department permit and normal inspection fees shall be waived." 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE Add to this Section: "The Contractor shall: Make every effort to conduct the work in a manner that will not interfere with the ingress/egress of the Police Station or adjoining Fire Station No. 3. 2. Apply dust controls whenever airborne errant dust is observed. 3. Remove all construction debris from the work site at the end of each work day. 4. Provide restrooms and trash service for the construction personnel. 5. Provide parking lot sweeper service to mechanically and/or manually remove errant construction debris and dust as directed by the Engineer. 6. Provide reasonable cleaning service as directed by the Engineer to remove dust and other errant debris that were not controlled during the construction and have deposited upon the adjoining work areas, building windows, hallways, meeting areas, etc. 7. No parking vehicles within the Police Department parking lot immediately southwest of the Police Department jobsite." Page 9 of 14 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. Add to this Section: "The Contractor shall: 1. Make every effort to conduct the work in a manner that will not interfere with the ingress/egress of the adjoining police activities. 2. Remove all construction debris from the work site at the end of each work day. 3. Provide restrooms and trash service for the construction personnel. 4. Provide sweeper service to mechanically and/or manually remove errant construction debris and dust as directly by the engineer. 5. Provide reasonable cleaning service as directed by the Engineer to remove dust and other errant debris that were not controlled during the construction and have deposited upon the parked vehicles, building windows, adjoining work stations, etc. 6. Coordinate delivers, staging, work so as not to interrupt daily police activities." 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. Page 10 of 14 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. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Page 11 of 14 Item No. 1 Police Department Upstairs Restroom Remodel: Work under this Item shall include all of the costs necessary to complete all of the work shown on the plans and in the contract documents, complete and in place. The following is listing of work items that need further itemization on the Schedule of Values to be submitted to the Engineer upon project award to the lowest responsible bidder by the Newport Beach City Council or their designee. The cost of all other items of work that are not specifically listed as required but are customary to be completed as a prerequisite for a fully functional facility shall have been included in the bid and no additional compensation shall be made. • Mobilization and Demobilization: Work under this item shall include, but not limited to, providing bonds insurance and financing; delivering all required notification to residents, posting signs; establishing a field office and construction storage location; scheduling Building Division inspections, - obtaining all applicable permits; finalizing the permits and all the conditions pertaining to the permits; preparing and updating the BMP Plan and construction schedule; providing traffic control and temporary construction fencing surrounding areas subject to construction debris while the Police Department Headquarters is open; and all other related work as required by the Contract Documents. This shall also include work to demobilize from the project site including but not limited to site cleanup, removing USA markings and providing any required documentation as noted in these Special Provisions. • Security Background Screening: All personnel working under this contract shall be screened by the Newport Beach Police Department per Section 7- 2.5. • Photographic Records of Building and Site Pre -construction Condition: Work under this item shall include providing the City labeled unaltered photographs of the building exterior and interior, parking lot, and fixtures attached to the building. Photographs shall be provided to the City via 4"x6" minimum size colored prints and in electronic *.jpg format. Construction activities shall not start until the photographs have been received and the Engineer has authorized work to commence. • Hazardous Waste Management and Removal: Work under this item shall include managing, removing and disposing all hazardous waste by a State Certified Abatement Contractor following SCAQMD. All SCAQMD manifests documenting removal shall be provided to the Engineer under this payment item. The abatement and removals shall be in accordance to the Limited Hazardous Materials Survey Report dated December 5, 2021. • Removals: This work shall include the costs needed to remove and dispose of all of the existing improvements, including interfering items, in order for the new improvements to be constructed as shown in the Contract Documents. Page 12 of 14 • Project Site Maintenance: This work shall include all of the costs needed to complete the work listed under Section 7-8 of these Special Provisions. • Construct New Improvements: This work shall include all of the costs needed to provide, install, furnish, and construct, all of the new improvements and items in the Contract Document complete and in place. The cost of all required building tests as required by the Building Permits shall be made as a part of the price bid. Item No. 2 Provide As -Built Plans and Closeout Documents: 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 and closeout documents. These drawings must be kept up to date and submitted to the Engineer for review prior to request for monthly payments. An amount of $1,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2-inch minimum cover unless shown otherwise on the plans. Page 13 of 14 PART 3 - CONSTRUCTION MATERIALS SECTION 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.7 A minimum of two coats of paint shall be applied to all exposed surfaces to match existing per contract documents. SECTION 314 --- HAZARDOUS WASTE REMOVAL 314-1 General. The Limited Hazardous Materials Survey Report dated December 5, 2021 indicates the presence of asbestos in tiles, joint compound, popcorn ceiling texture, and mastic. Any asbestos shall be removed by a State Certified Hazardous Waste Abatement Contractor. All disposal manifests documenting removal shall be provided to the City. The Contractor shall fully comply with the following ARCHITECT'S TECHNICAL SPECIFICATIONS (PROJECT MANUAL) which augments, but are not referenced to, sections of the Standard Specifications for Public Works Construction. Page 14 of 14