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HomeMy WebLinkAboutC-8791-1 - Gateway Park Enhancement ProjectCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov November 1, 2023 Armstrong Cal Builders, Inc. Attn: Shawn Salah 3130 E. Willow Street Signal Hill, CA 90755 Subject: Gateway Park Improvements - C-8791-1 Dear Mr. Salah: On August 22, 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 August 23, 2023, Reference No. 2023000205044. The Surety for the bond is The Gray Casualty & Surety Company and the bond number is GSI010004. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Executed in Duplicate EXHIBIT A Premium: Included in Performance Bond CITY OF NEWPORT BEACH BOND NO. GS10100004 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Armstrong Cal Builders, Inc, hereinafter designated as the "Principal," a contract for improvements to the landscaping, irrigation, and landscape walls at Gateway Park 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 Gray Casualty & Surety 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 Five Hundred Forty Thousand Two Hundred Thirty Three Dollars ($540,233.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 at seq. of the Civil Code of the State of California. Armstrong Cal Builders, Inc. PageA-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 16th day of February 2023 Armstrong Cal Builders, Inc. Name of Contractor (Principal) Authorized Signature/Title The Gray Casualty & Surety Company Name of Surety 1225 West Causeway Approach Mandeville, LA 70491 Address of Surety 760-218-0626 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Adriana Valenzuela, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Armstrong Cal 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. State of California County of '� ss. \ 1 1 On .L-%S._ 203beforeme �ye(V�•l' E)'(2O'h Notary Public, personally appeared Z,hrwn SG1G who proved to me on the basis of satisfactory evidence to be the personM whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/swbery executed the same in his/hedth& authorized capacity(jes), and that by his/hermair signatures, on 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. VELVET 9A8MN COMM.B 23110944 ORANGE OROIF 1A IN M,f .JAI t 20P6 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )Ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Armstrong Cal Builders, Inc. Page A-3 Alliant Insurance Services, Inc. 0112(21123 10:47 432502201361 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: GSIOI00004 Principal: Armstrong Cal Builders, Inc. Project: Gateway Park Improvements, Contract No. 879 1 -1 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and T'he Gray Casualty & Surety Company, corporations duly organizer) and existing under the laws of Louisiana, laud having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Jay Freeman, Christina Mountz, Cynthia J. Young, and Attrition Valenzucla of Sao Bernardino, California jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalfand as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of$25,000,000.00. 'This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of boot Tire Gray Insurance Company mid The Gray Casualty & Surety Company at meetings duly called and held on the 26's day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorizer) to execute a power of Attorney qualifying the atarney named in the given Power of Attorney to execute on behalf ofthe Company bonds, undertakings, and all contracts of surety, and that each or any of theta is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; lard it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to tiny such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate heating such facshnile signature or ftcsimile seal shall be binding upon the Company now and in the fntmf when so affixed with regard to any bond, undertaking or contract of stirety to which it is attached. IN th ITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 41" day of November, 2022. (31�1S.7i—x`;L )4t`� By: MichaelT.Gray CullenS.PiskePresident President fhe Gray Insaance Company The Gray Casualty & Surety Company r ,.�........,.- State of Louisiana ss: Parish ol-Jefferson On this 4th day of November, 2022, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, mid Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act anal deed, of their companies. Lei;hAnnel-leni_an Notary public Leigh Anne Henicann Notary I D No. 92653 Notary Public, Parish of Orleans State of Louisiana 0orlegins Parish, Louisiana My Commission is fm Life 1, Mark S. Mongolia, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a brute and cort'ect copy of a Power of Attorney given by the companies, which is still in full force and et7ect. IN Wr1NESS WHEREOF, I have set any )land and affixed the seals of the Company this lela day of Feamary, 2023 Y414 I, Leigh Anne Henican, Secretory oCHie Gray Casualty & Surety Company , do hereby certify- that the above and forgoing is a true and correct copy of a Power of Attorney given by the compares, which is still in till force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this loth day of Feamary, 2023 �f SEAL Io ``=f SSAL o~< s t 'i! STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAY si[4ANCISCO Certificate of Authority TIRR tS TO CBRMY. That, trarrcurmt 6t the hu'rrrrtracs C•netr=arft6tr Stcur nfCuliJirr`rt(<a. iYre, 4inav casualty 42+ usumv comprottyr of Louisiana, organized ruatler the tmrx of Lclahstema, .etrhjece to its 4rdfdrs of luayrrpurruhtn ar ruher httaPunteotal a lrurrSsulunal doetantrav; is heraltv ahehorlsed to transact trithin this State, ,ntbfec•t to tilt pwri'sionsifthis Ceri(fleale, the_Jit£lmehrttclassestifhisttrunee: saecty ets srtchertatsss rare rani aar utay £aveafter be r£c!tlrted ht the hcskown a /.airs r!f t)!e Sews stf < itt�arntrc 111E^a€'€•3' P•{Pt4`,4!'fiixesftaessfacnrad£.rroued(rproa.[lie holder heraffjtiowanfhereafivrhabWW iirUcinr�/lane•v apldt nll, tuulttut itto•ktlntfernnl oAt; gftlte altp£kahlu Inns tuui laaeftrl rerietu'rurmnts rrttuhr Under awhoritY[rt the laus of lite Store. gy 't'dytn'77ht H.ti lrozy; afifitrtlt 117445 En9`PfittiPCrnl'tlGSgrC h7� eCI nnrt (7ptphPa)'4% and av na-17 (aa{rii and t'aydremeni5' now tire. or ttt(t), hereafter he changed tip eaawded IN Wli'i'8ENS 4VFI iN,4:f3p, u'(,tectice os uP tlm i th-rhrr 'AA2u cla 20111 have hereuuro s¢r ofyl and and collied ten- afri itul seal to be tf(fh-ed this 14th elety cif Aluru is 2(112 tern sx[s+7.ntt Him No. Daw joncs tra.�rmen•lnnvvrrsnnnen Filer( 80201i At stisrtu,Lslap£r It, Smite fl"7,v 0,10,f at¢7lli(r corldicallau 1. the utulet igued Insurance L.'uausticckuisr al Aw Sraie of C afilarnia, dg herehy srertiJ,i•that 1 hrmr c;ampared the above vaapi• utC'et•tiTicate gf.4whorhy a hh the dophrata nftriightal natt• an file in tnyojjke. aralthut ttre.rvww 4v a_fldl,true,("Iddxxrrrect wagretprt thvraai" curdy tie whop njxald hglfion<i;.'md"ald Cn'rtlicate azftirttbrwi{V is now in jtcf!}Fwse meter efjert. IN WI•FMISS VdlARii@130 F, i ham, horeuutu sat my hated ruad causati aty' gfeful scat to be r�ffised this -lilt tk(V gf'.htne, 2012. f)itty .lontss hmarnnna t7uimx.wr ner 1'otahne f1;2thG'aa CALIF,ORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino I SS. On FEB 1 6 2023 before me, _ Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Adriana Valenzuela Name(s) of Signar(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person ON " Rebecca Elizabeth Adcock acted, executed the instrument. � .o .`� COMMISSION 0 2327252 Hl� NOTARY PUBLIC - C""ORNIA �SAN BERNARDINO COUNTY I certify under PENALTY OF PERJURY under the laws of y_�° MyCamm. EHplre�om: 3-May-2024 the State of California that the foregoing paragraph is true and correct. ITNESS my h n and official seal S ature of Notary Public OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here 8/23/23, 10:38 AM Batch 16230619 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1I11I1IIIIIIIIII$111IIIIIIIIIIIIIIIIIIIII NO FEE *$ R 0 0 1 4 5 2 1 9 7 4 $ * 202300020504410:34 am 08123/23 90 CRSC06 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 Govemment 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 Armstrong Cal Builders, Inc., Signal Hill, California, as Contractor, entered into a Contract on January 10, 2023. Said Contract set forth certain improvements, as follows: Gateway Park Improvements - C-8791-1 Work on said Contract was completed, and was found to be acceptable on August 22, 2023, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Gray Casualty & Surety Company. City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on�(Sr !�3 ��3 at Newport Beach, California. BY AM, City Clerk https://gs.secure-erds.com/Batch/Confirmation/16230619 1/3 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 Armstrong Cal Builders, Inc., Signal Hill, California, as Contractor, entered into a Contract on January 10, 2023. Said Contract set forth certain improvements, as follows: Gateway Park Improvements - C-8791-1 Work on said Contract was completed, and was found to be acceptable on August 22, 2023, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Gray Casualty & Surety Company. City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. f/������� // n, Executed on rI�tN V&f Za 11073 , at Newport Beach, California. BY 4- City Clerk 10-0 � r CITY OF NEWPORT BEACH 00 NOTICE INVITING BIDS v Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 17th day of November, 2022, at which time such bids shall be opened and read for GATEWAY PARK IMPROVEMENTS PROJECT NO. 231-01 CONTRACT NO. C-8791-1 $497,700.00 Engineer's Estimate Approved by , James M. Houlihan eputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" OR "C-27" For further information, call Tom Sandefur, Project Manager at (949) 644-3321 City of Newport Beach GATEWAY PARK IMPROVEMENTS PROJECT NO. 23L01 CONTRACT NO. C-8791-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIALPROVISIONS............................................................................................ SP-1 2 City of Newport Beach GATEWAY PARK IMPROVEMENTS PROJECT NO.23L01 CONTRACT NO. C-8791-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 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: 4 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. 990992 B, A Shawn Sal sident/CEO Contractor's License No. & Classification Authorized Signature/Title PW-LR-1000885560 6/30/2024 DIR Registration Number & Expiration Date Armstrong Cal Builders Inc. Bidder .01 11 /17/2022 Date City of Newport Beach GATEWAY PARK IMPROVEMENTS PROJECT NO.23L01 CONTRACT NO. C-8791-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of amount bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Gateway Park Improvements, Contract No. 8791-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this Armstrong Cal Builders Inc. Name of Contractor (Principal) 7th day of November , 2022. Adriana Valenzuela, Attorney -in -Fact Authorized Signature/Title The Gray Casualty & Surety Company _/ Y Name of Surety Authorized Ag t S' ure 1225 West Causeway Approach, Mandeville, LA 70491 Shawn Z�,p ent/CL Address of Surety PrinflKame and Title 760-218-0535 Telephone (Notary acknowledgment of Principal & Surety must be attached) A ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, , Notary Public, personally appeared 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. k96& A 11dRY 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. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 9th November 2022 before me, Haidy Abosalama, A notary public (insert name and title of the officer) personally appeared Shawn Salah who proved to me on the basis of satisfactory evidence to be the RkrsonV5 those name( bs rib'eiortrat d o the within instrument and acknowle d to me that(he /they executed the same in h' /hr/uthorizedcapacity(), and that b is er/their signature�s� on the instrument the erson�s�)he 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. HAIDY ABOSALAMA f e Notary Public •California z 6--., nge County K 2270465 Signature (Seal) My Comr. Expires Dec 10, 2022 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. c20257 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared , 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) No. 090Q2 STAIT OF CALIFORNIA SAN FIt:lNCISC O Cer ideate of Authority I Iiti IS TO CERI IFY. d bait, juwm1tnu to thc' hr.17lt•cln" t Ak "Mov Vmv jc'alittrt um, /he Grey C'nsuultt• c£ surgt, Colnpaltl• 0i 1.tr el'sattla. or:!ctnl-ed tinder tic- lem., RI.L(nds'ialla .vuh;ect w ir.1 ;lrtic•lo of incor•poratign or nlhc- ntrnlunrerlrul o;•rcuti:a1iurtul dactonctrl.r. is herehr anthowk,- d to /runsucl irilhirr rfti�`�tctte. ,titrhject lu u!< r r!t`ishu/ fit 111i'. 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Pm 91 No fil.t New No. Dmv Am., hitch $ iAM I Br sif m d. slopp Crurrt)cp,ir C'crr•ti/ietuittrt I. iht, uilitorsignc•cl hmiruace ('untnti. eir!uc r ni thr .Ctim, r / Ce ii,tnrnia chr hcrc ht cc rti/i tltrrr ! hrn r' :>tapured 1hc1 (chord c:opl. of C'c•t•rijic•un, c!1:1 whorl •r i+ilh tiro chiplicirlc rrl originnd nmi un the in in, nllic:. ,,rr,l tf,at the :CUlR✓ r4,r 1rr11, U'rra'. drhf r urrdit rram,c ripr thcrr.ee/, errrcl a/'the n'Inde c,Jazrid clrr/rl%eat(. ctrttl ui,l ,_,'r'tilicalc n1 :Imhorifr k mm ix fill/ for( c• and r•flect. PWiTNFSS WIIi;REOF. 1 have herernrto .cct fit v lrurtd caul called rrlr olfit ial.ceul to be cr11i•rc'd Ibis Ph dal ol.lune, _tU1 2. l.lctt•c� ,1«n,�.� tl',AA.AXt,hZ.t y,. •1� �.\^j'�•r� ... Purllim.' It •.ltrrlrcu THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: Bid Bond Principal: Armstrong Cal Builders Inc. Project: Gateway Park Improvements Project No. 231-01 Contract No. C-8791-1 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Jay Freeman, Christina Mountz, Cynthia J. Young, and Adriana Valenzuela of San Bernardino, California jointly and severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $15,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 20h day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 28" day of October, 2021. \�gURA,N�� JP+TY a.8UR t ••SC1 Pcf • • ��1 SEAL ,p y: Michael T. Gray Cullen S. Piske SEAL .ro is B t President President _ a; d': _ � to 1' •. ..• i The Gray Insurance Company The Gray Casualty & Surety Company �y� •. �,..•�2 ...... State of Louisiana ss: Parish of Jefferson On this 281h day of October, 2021, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly swom, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies, ll}} ,-6 � 44�orleans Leigh Arne Heni:. Notary PublicNotary iq No. 92653 Leigh Anne Henican Notary Public, Parish of Orleans State of Louisiana Parish, Louisiana My Commission is for Life I, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 7th day of November , 2022 I, Leigh Anne Henican, Secretary of The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 7th day of November , 2022 - \�sUR•A•N� Y-4••8oP ;L SEAL D SEAL ..... "yf,.,.�� ....*. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 \ SS. County of San Bernardino On NOV 0 7 2022 before me, personally appeared Rebet%ca� E11zab�h AdC°Ck 2327252 COMMISSION # I: NOTARY PUBLIC OAL�ORNIA SAN BER�ROINO COY S my cow E,Pwec Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Adriana Valenzuela Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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. I SS my d and official se . ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here City of Newport Beach GATEWAY PARK IMPROVEMENTS PROJECT NO.23L01 CONTRACT NO. C-8791-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Armstrong Cal Builders Inc. Shawn Salah ;ident/CEO Bidder Authorized gnature/Title A4 City of Newport Beach GATEWAY PARK IMPROVEMENTS PROJECT NO.23L01 CONTRACT NO. C-8791-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Armstrong Cal 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 5-years in excess of $100,000, provide the following information: No. 1 Project Name/Number Joslyn Senior Center Renovation FCS 10252021 ER Tenant Improvement of a 636 s.f. kitchen, Project Description restrooms and site improvements. Approximate Construction Dates: From Nov. 15, 2022 To: Feb. 13, 2023 Agency Name City of Redlands Contact Person Jawad Naderi Telephone (909 798-7584 ext. 8 Original Contract Amount $1,033,80o.00Final Contract Amount $ TBD If final amount is different from original, please explain (change orders, extra work, etc.) n/a Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number n/a Project Description Approximate Construction Dates: From Agency Name To: Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number n/a Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number n/a Project Description Approximate Construction Dates: From Agency Name _ Contact Person 10 Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number n/a Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. ivi No. 6 Project Name/Number n/a Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 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. See attached. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor urrent financial conditions. Armstrong Cal Builders Inc. Shawn SAI h. President/CEO Bidder Authorized-Signature/Title 13 Ahmad Maatouk 210 Desert Bloom • Irvine, CA 92618 • (949) 310-1002 • maatouk66(cDgmail.com PROFESSIONAL EXPERIENCE SUMMARY Superintendent with extensive experience managing commercial and construction projects for several international companies. Excellent history of delivering numerous projects on time and under budget by efficiently utilizing all available resources. Top strengths include strategic project and workforce planning, contract and stakeholder management, cross -functional team leadership, cost control, value engineering, budgeting, and project forecasting. Proficient in Arabic. EXPERIENCE 2020 — Present ArmstrongCalBuilders California, US Project Superintendent • Primary liaison with owners/architects/engineers for the day-to-day construction activities of the project. • Participate in project pursuits, proposals, and presentations. Main contributor in securing the project during the competition phase. • Lead, supervise and develop Superintendents and other staff, including providing input on or complete performance appraisals. • Develop and implement overall project set-up and site logistics plan and identifying project - specific scope of work to implement the plan. • Develop and implement overall project work schedules identifying the critical path including the expediting of scheduled critical materials and equipment for their timely delivery to site. • Review and respond to subcontractor schedule impacts and or claims of productivity impacts. • Always ensure strict adherence to ethics and compliance requirements. • Develop and manage the overall site safety program as required and ensuring subcontractor compliance with code standards and all applicable safety codes and regulations. • Manage and make decisions related to the performance of work related to scheduling, delivery, logistics, quality control and trade employee staffing levels. • Document project field issues that impact budget, quality, or schedule. • Respond to subcontractor requests for field issues that impact budget, quality, or schedule. Ahmad Maatouk 210 Desert Bloom • Irvine, CA 92618 • (949) 310-1002 • maatouk66(cD_gmail.com • Oversee work among all trades to promote a coordinated project operation. Resolve local area problems, regarding procedures, precedence, design clarifications, adequate labor and equipment, schedule, and all other appropriate matters. • Manage labor relations with subcontractors and Turner trade staff. • Implement mock-ups and associated testing, review, and approval. • Ensure all necessary permits and insurance are in place and kept current for the term of the project. Act as liaison to inspection agencies 2015 — 2019 Al Amry Group Abu Dhabi, UAE Head of Mechanical, Electrical & Plumbing (MEP) Department • Identified infrastructure goals, coordinated project deliveries, defined all necessary activities and collaborated • with subject matter experts to gather business requirements for meeting all project objectives • Planned and executed all projects on time and under budget, including overseeing and managing both the Abu Dhabi Future School and the Moon Flower City projects with total budgets of $10M and $40M, respectively • Directed the engineering, procurement, and construction for company projects, including estimating, procuring materials, reviewing contracts, coordinating logistics, and tracking project progress daily • Managed project cash flow, forecasted all project construction activities, conducted system testing and commissioning, and handed off projects to clients and local authorities • Hired and recruited 400+ staff members while building the MEP department from the ground up 2010 — 2015 Dhabi Contracting Abu Dhabi, UAE MEP & Infrastructure Projects Manager • Led a team of 16 engineers, 20 draftsmen, 200+ staff members, and several sub- contractors while managing the execution of multiple construction projects • Managed MEP project costs of $200M for the Abu Dhabi National Oil Company (ADNOC) to develop 663 Villas in Al Ruwais for accommodating oil refinery workers, a total project value of $1B • Liaised with external stakeholders and clients to collect data on project issues and provide resolutions • Analyzed complex construction and design problems while interpreting, organizing, executing, and coordinating construction engineering assignments • Ensured compliance with QA/QC plans and HSE plans in the execution Ahmad Maatouk 210 Desert Bloom • Irvine, CA 92618 • (949) 310-1002 • maatouk66 a()gmail.com 2005 — 2010 vonRoll hydrotec gmbh Abu Dhabi, UAE Middle East Manger • Set project timelines, monitored project deliverables, and updated relevant stakeholders on project progress • Maintained the company's Integrity Management Plan while staying current with pipeline regulations, industry standards, integrity assessment methods, and repair methods EDUCATION Tishreen University Lattakia, Syria Bachelor of Science in Mechanical Engineering (1989) CITIZENSHIP U.S. Permanent Resident; Nationality: Syrian City of Newport Beach GATEWAY PARK IMPROVEMENTS PROJECT NO.23L01 CONTRACT NO. C-8791-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County of Shawn Salah being first duly sworn, deposes and says that he or she is President/CEO of Armstrong Cal 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 cWoct. Armstrong Cal Builders Inc. Shawn Salah, President/CEO.., Bidder Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this day of �Q r)W n , 2022 by S hr(t�►�- Ln�' , proved to me on the basis of satisfactory evidence to be the person ) 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. HAW ABOSALWA r r— Notary Public • California Orange Count > N ry Public i + y Commission 4 2270465 [SEAL] My Comm. Expires Dec 10, 2022 My Commission Expires: 14 City of Newport Beach GATEWAY PARK IMPROVEMENTS PROJECT NO. 23LO1 CONTRACT NO. C-8791-1 DESIGNATION OF SURETIES Bidder's name Armstrong Cal 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): Insurance: Prince Financial and Insurance Services 444 W. Ocean Blvd., Suite 1102 Long Beach, CA 90802 Contact: Fayez Kabour - (562) 473-4444 Sureties: Alliant Insurance Services, Inc. 685 East Carnegie Drive, Suite 265 San Bernardino, CA 92408 Contact: Adriana Valenzuela - (909) 471-6383 15 City of Newport Beach GATEWAY PARK IMPROVEMENTS PROJECT NO.23L01 CONTRACT NO. C-8791-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Armstrong Cal Builders Inc. Record Last Five (5) Full Years Current Year of Record Current Record Record cord Record Record Year of for forfor for for Record 2021 2020 T2019 2018 2017 Total 2022 No. of contracts 2 2 3 - 2 - 9 Total dollar Amount of Contracts (in $750 $850 $500 n/a $450 - $2550 Thousands of $ No. of fatalities 0 n/a n/a n/a n/a n/a n/a No. of lost Workday Cases n/a n/a n/a n/a n/a n/a n/a No. of lost workday cases involving permanent transfer to another job or termination of employment n/a n/a n/a n/a n/a n/a n/a 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 Armstrong Cal Builders Inc. Business Address: 3130 E. Willow St., Signal Hill. CA 90755 Business Tel. No.: 562-837-8130 State Contractor's License No. and Classification: 990992 B. A Title President/CEO 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 Shawn Salah Date _ 11/17/2022 C Title President/CEO Signature of bidder , Shawn Salahi Date 11/17/2022 Title Secretary Signature of bidder _ N/A Date Title Signature of bidder N/A Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 14TH November 2022 before me, Haidy Abosalama, A notary public (insert name and title of the officer) personally appeared Shawn Salah who proved to me on the basis of satisfactory evidence to be the on(sy' vhose named is re scribed to the within instrument and acknowle ed to me th/she/they executed the same in is her/their authorized capacity(ie< and that by�iWher/their signature(l) on the instrument the c erson(4,' or the entity upon behalf of which the person(21 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. HAIDY ABOSALAMA Notary Public - California a Orange County v xs "� Commission = 2270465 Signature (Seal) µy Comm. Expires Dec 10. 2022 City of Newport Beach GATEWAY PARK IMPROVEMENTS PROJECT NO.23L01 CONTRACT NO. C-8791-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Armstrong Cal 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 n/a- City of Newport Beach GATEWAY PARK IMPROVEMENTS PROJECT NO.23L01 CONTRACT NO. C-8791-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is complete, true, and correct. City may deem failure to provide correct information a non -responsive bid. Name of individual Contractor, Company or Corporation: Armstrong Cal Builders Inc. Business Address: 3130 E. Willow St., Signal Hill, CA 90755 Telephone and Fax Number: 562-837-8130 Fax no.: N/A California State Contractor's License No. and Class: 990992 B, A (REQUIRED AT TIME OF AWARD) Original Date Issued: 3/03/2014 Expiration Date 3/31 /2024 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: N/A. No pre -bid meeting/job walk was scheduled. 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 3130 E. Willow St., Shawn Salah President/CEO Signal Hill, CA 90755 562-304-8899 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: M All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies either currently or in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 10 years, did you have any claims or actions by any outside agency or individual for labor co liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No 20 Are any claims or actions unresolved or outstanding? Yes / No N/A If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Shawn Salah (Print name of Owner or President of Corporaf�rxfi�ompany) i Armstrong Cal Builders Inc. �-- Bidder uthorized Signature/Title President/CEO Title 11 /17/2022 Date Oo (,e, � Notary Public, personally appeared Shawn a who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. / NAIDYn805AlA1aA (= a; Notary Public - California : orange County > Commission, 2270465 �C Comm. Expires Dec 10, 2022 otary Public in and for said State My Commission Expires: 21 GATEWAY PARK IMPROVEMENTS CONTRACT NO. 8791-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 10th day of January, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Armstrong Cal Builders, Inc., a California corporation ("Contractor"), whose address is 3130 E. Willow Street, Signal Hill, California 90755, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: the work necessary for the completion of this contract consists of improvements to the landscaping, irrigation, and landscape walls at Gateway Park (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. 8791-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Five Hundred Forty Thousand Two Hundred Thirty Three Dollars and 50/100 ($540,233.50). 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 Shawn Salah to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing Armstrong Cal Builders, Inc. Page 2 requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Shawn Salah Armstrong Cal Builders, Inc. 3130 E. Willow Street Signal Hill, CA 90755 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 Armstrong Cal Builders, Inc. Page 3 service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of Armstrong Cal Builders, Inc. Page 4 insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Armstrong Cal Builders, Inc. Page 5 Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim, collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. Armstrong Cal Builders, Inc. Page 6 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. Armstrong Cal Builders, Inc. Page 7 On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. Armstrong Cal Builders, Inc. Page 8 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Armstrong Cal 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'p OFFICE Date: / /12-3 By. ar C. rp Attorn ATTEST: Date: 8,1, U13 : y.. Br5wn City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: IM a lom CONTRACTOR: Armstrong Cal Builders, Inc., a California corporation Date: Signed in Counterpart By: Shawn Salah Chief Executive Officer/Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C -- Insurance Requirements Armstrong Cal 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 ATTORNEY'S OFFICE Date: ///9/Z3 By:- 4;7�� Aaro C. City Attorney ATTEST: Date: 13 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Noah Blom Mayor CONTRACTOR: Armstrong Cal Builders, Inc., a California corporation Date: By: Shaw,alah Chidf Executive Officer/Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C -- Insurance Requirements Armstrong Cal Builders, Inc. Page 10 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 ngg,01 ) On Jan%jw before me, Vr-wc-- fofO\zn, (q&mni r%b1�L (insert name and title of thb officer) personally appeared Slic, ,3 n SAkc,4N , who proved to me on the basis of satisfactory evidence to be the person(kwhose name(,) is/afe subscribed to the within instrument and acknowledged to me that he/s1ey executed the same in his/herftl'eir authorized capacity(igs), and that by his/herft+4eir signature(o on the instrument the personVy, or the entity upon behalf of which the personS,srf 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. k VELVET BR COMM.M 239 NOTARY PUBII 4QRt$= iA ORANGE COU MY COMM. EV.. JAN Signature (Seal) Executed in Duplicate EXHIBIT A Premium: Included in Performance Bond CITY OF NEWPORT BEACH BOND NO. GS10100004 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Armstrong Cal Builders, Inc. hereinafter designated as the "Principal," a contract for improvements to the landscaping, irrigation, and landscape walls at Gateway Park 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 Gray Casualty & Surety 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 Five Hundred Forty Thousand Two Hundred Thirty Three Dollars ($540,233.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Armstrong Cal Builders, Inc. Page A-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 16th day of February , 20 23 , Armstrong Cal Builders, Inc. Name of Contractor (Principal) The Gray Casualty & Surety Company Name of Surety 1225 West Causeway Approach Mandeville, LA 70491 Address of Surety 760-218-0626 Telephone APPROVED AS TO FORM: CITY ATTO NEY'S OFFICE Date: 2�7�/Z3 Authorized Signature/Title u orized Ag n Signature Adriana Valenzuela, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Armstrong Cal 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. State of California County of jn.rA ntic ss. On , 20'3 before me, Notary Public, personally appeared n S U c, h who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/herltbeir. authorized capacity(Iige), and that by his/hedtgeir signaturesW' 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. �� VELVET VWCOMM.# 2 NOTARY PUBLIC ORMOE WCOWW-�DAN2 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Armstrong Cal Builders, Inc. Page A-3 \111amit In ljrallce ')Cr% ices. Inc, Oli26112023 10 1­ It ), 2 q)2_10 136 1 I'M' GYRAN I'lif, GR*,,N CASUALT% _�: SIRETN CONIPANN GENLRAL PON% ER 01, AT'r ORNEN !";lIl! , 1 11,; it] Cilia I : "'i I, -'Li "I i.L, Cl dI , (I iilil I I. I.H`_ Project: kly Park Improvement,,. Coi it I iic I \I), S79 I -I Il"I Alt, ''\I I HY I Ili k&'I ITI \'I'N 1', 1 1 In 1<1 I, yan(I (I The ( ;iwl ("i u;A h", ct•l (ol I wim" 1] Ili, I il I I'll I, Cl !l I, I/ Cc I mid -I i I I-; I I I Itici 111c !I!", - oI t ill I I, I it It I I, alitIlion Ill I I ICHIII! o HICC, I I I,\ ICU1, I! IC_ (M] Iiffla. (ill flcich%, IIIAC. Cimi'llimc. ilild 3m FI-evinkill. Chvistj [lit Molintz, C� it I It i A J. Youn", and Adt'imm videlizilchi III' ski I) Beinkirdinti, (afifioitiia joint!) and w,,criijlc ,in biAlkli I Ili each , If the Comoililic, Ilinlictt :!hove it, title illict jilv� I'LL]. ,Itm i1c I. in I llmllc, exccutc.,rid and dclilcl. 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I- Ill �m et" . jild Illilt cilk-11 ol all" ,I' 01cm i,. heleh" ilmhol i/ckl It I LIttk"I 1( 1 the CXrCIIIIIIJI of 'UCII I'l)" Cl (it Atlill 11(, . ilild it, attach dic c:ll oj III(: Collipilm. and It jL, I, RMH 11)11\11 -,()I V1 1). olil( Illiz 'p2mittlic of"'llch Ill Iicul , ilml ill(,% -vIll ill the mlpaw, may he a1_1_1.,.cd I,) am "tich Polk (�! (d Aitol Ile\ ur to im", Ccilificilk-, 1clilmil-, 111cicto I-, iaemille. iilld ,IM %,Llch Poka'Cl ill AIf0IIIk:% ill C12) tIIICdtL' Ik:lIljIIL ,tick t1tc-milIc wmattll, of lac'molk: ,.Cal =Ilillj he 111lKillILI Ul'itill lilt' (_01111­1�iM no", im"I in Ilic liltille v, lit'n ,o lit[ lk:Illd I.) illl% 1101M. tIIIdi_'ItiIIkIjj�I Ill c0lltl10 ill '1110% 1., ��y hick it I- itt"Ildial l',k, ',A 11 N I Y-) "', 111 RU it it ( ;III,, Im,millick: Compall" and I lie H il., Iiilvv k ml.cd tilcil (it "wial 'cal, ill Ile 11"Ic jjIto Ahxcd, III;-,l dlc,c pjc,c lit-, it 1 1)C 'I'_jIiCd I)t uWtlll 11 Well 011 ICCI Ull' 4:1Ili!% I)! "Ot,'Clillicl U A \ . ......... ... ....... C, :0 SEAL 1•0t I c ,ILl C I I t v., I ir, III'M ill)Cc 0 1II)IlitW- 11,1\ ............ atL I IL 1! w In Hli, I` t.-tillwl e I I 1C I I It 1 11111 c lCl 1) 1 i I 11 api !,'I I I cd le 11, w! I (nay. III c, I It']] I of l he I I Il I I I 1 11 Ice 11 ti k I I, tr, arc. w 111 u d 111', 11. IWI,l I( l"k. hat I,,,. i, Ile( l" 1� C 1 ilk 'I I I.--, i11 I( _Ix cd I he It,, C( )I I 1pill lic- 1 - t,l lict"Iaml wk I I\k jc( I L'c( I .Ild t1illi'llt I') he the k littliko Ili- t .,10 LIced. iliell conlpillllc,, L -' A Notary Public Notary ID No. 92653 \lit L m Orleans Palish, Louisiar� Mk t, ollmil"foll I- liar 1 ilk, lll,til;m�_c ( ollll�il­ (ill !K1k2h% 1;21 lt��il.n III,' alld bil P, 'i 11 tit �illd 'IVC11 IlIc'mijoililic-, +hwh !,,till in hill Wil," Uld k-H(II-) i1 \11 iXI 1-IN, I\ lit R, "'I ('r!I [fill md Ali- ctl the,dill, tit the ti[j, 16th (1;1\ Ill' February, 2023 I. cl_dl iAnlic I lk-llli.m "ccleull'. of I Ilk mll"lil, (it, hkwll\. IN,' i0­iw,,: ,in d loll-il)Ill") 1- ililt, illid "ll, W"I "T" III !ti )l ihw it w I ;111(1 Ow -cid, "I tllk'( (1111PIlM till, 16" (LI% oI Fchr,oty. 2023 \3 Ft A Y A ............ '% 0 `fix' SEAL SEAL % No.09002 S VATE OF CALIFORNIA DEPARTMENT OF INSURANCT SANFRANC ISCO Certificate of Authority Is TO (TR 1 IFY, Thai. pla-miffell if) the bism-ance ( '(I,/, ol,11w Stolf, of I'lit? Griot CasualtY & surel.l. Ctimpliq onwiliz i'd la dei Ow hmof bmisiana slibi cO fit its . h-lit-IL'A of h1cm-porotilm or olhce doclum,111" is 17121-ei) v milhorkvii to trtlltsftcl ti illfill this %til!ji'd io ail vkif III N (J/ 117jy /lIc following of suriti 1:( o Jj' /It, d"fi/wd in 117c lasul,Wh I! LIWA (It it Shth, of I 'olifornio Us (TR,)HH( 'A I L is IhL boid"I ih'11110! Ilmi WRI Ih t crtllrr bcin, ill it ill? oil, 0MInul I)? violvlict?twor; t)f-ljie apphtohh, laws alld dVL 0 If I'lor"w""I 1/7., ,11 1.s o! 1;w .14,11, Ill i (Ififorlli, I in ion el's 'fit /lei, IW, '11, tVij M Vc! ?IMIA 411v in (WE-cf, I ill I all(II ("N -itch i'm % ono Ivaldt ON), cilh, floll 01, MIA, hcTt1fI1h,r he cillMe'I'd ill, Illm.-nded A 'XI FNESS \XJ1VRH..)F. elfi'Tlilc it, of !!)I, I-Ith 'I'l -, V.; 1: I Nww MT019"(1 Net III,, olfiewl wol In he affix"d 'i)i.s 141h 41,11 of 1.Illlvi. 0 17 Dm e .1 ol 1e-s 0 1 i BY sifull) .1. Slut)]) lmat,vs;owdl , tMOWth't, (, *(wlmi.N,%iInwrol 'he slweoi Colilm-)Ii(l. ill) herd)" c"111/t th'Itlil'o, '111ove I-opY of ( 'o-lific ill(' o/ . 11111torit.l. uill? il,,(;(Ililtjli(.clt("Ill)l.i�ill4illint{ flofik 1)? 1111 ,,-i f"'11 th, 4 !,1//. 1, 111 - 0i7d cot I"', f I-M." rip,' ',-01 :'I'd Ili flit' WlMll' I'/ 50-jd dill1liLlac w7d 'I('U, I r4 Aadwrill i" );inl in hill so) i e (III(/ ('110E I IN WH NFSS W111iRE(W. i have hercupito ket Im. Ilan/ olul cwloed lm to 1w alAvolfbi.N -1111 201 P: qV,W;z Paldille 0 -1 Indr(a CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 SS. County of San Bernardino ) On FEB 1 6 2023 before me, Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Adriana Valenzuela Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the o /.\Rebecca person, or the entity upon behalf of which the person Elizabeth Adcock COMMISSION It acted, executed the instrument. a, 2327252 UI �'b',, j NOTARYPUBLIC-CALIFORNIA �`- /SAN aERNARDINO COUNTY ; I certify under PENALTY OF PERJURY under the laws of Y My Comm. Expires: 3-May-2024 the State of California that the foregoing paragraph is true and correct. ITNESS my d official seal . ft dature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: General Number of Pages: Top of thumb here Executed in Duplicate EXHIBIT B Premium is for the contract term and is subject to adjustment based on final contract price CITY OF NEWPORT BEACH BOND NO. GS10100004 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 10,805.00 , being at the rate of $ 20.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Armstrong Cal Builders, Inc. hereinafter designated as the "Principal," a contract for improvements to the landscaping, irrigation, and landscape walls at Gateway Park 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 Gray Casualty & Surety 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 Five Hundred Forty Thousand Two Hundred Thirty Three Dollars ($540,233.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Armstrong Cal Builders, Inc. Page B-1 notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 16th day of February 2023. Armstrong Cal Builders, Inc. Name of Contractor (Principal) The Gray Casualty & Surety Company Name of Surety 1225 West Causeway Approach Mandeville, LA 70491 Address of Surety 760-218-0626 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: _6v Aa n C. rp d 3 a's ty Attorne Authorized Signature/Title Authorized A tt Signature Adriana Valenzuela, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Armstrong Cal 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. State of California County of ()(CA n L C-)SS. On 1 O 20 before me, C - Notary Public, personally appeared i0n who proved to me on the basis of satisfactory evidence to be the person,*whose nampW is/ar-e subscribed to the within instrument and acknowledged to me that he/sheAhey.executed the same in his/hefAhaic authorized capacity(iV, and that by his/heA4heir signaturesw on the instrument the personk6), or the entity upon behalf of which the personXacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. VELVET BROWN j%r 2390944 M)TARY PLOUC•CAUFOWA ORANGE COUNTY W COMM. EXP. JAN 10, 20l0 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Armstrong Cal Builders, Inc Page B-3 Al rant Insurance ben ices, Inc. 01,26/202, Ili4' 4i2�02'201 61 ""IF, (RANI (1.''SI-'.NLT)i & St'RE—fI CONIPANN GENERAL POD N ER ESE :t"I"t ORNE:N R. Ind `l•,it 1;C _._c.it t)rt�l Li ('113i _ �(r1r11 -, ',I! 1, , - - _ _ill?� �l'_ Pho,ject: (patev+'ay flak Improvement . Conti -act \o. ti791-1 Al .1i_I, fill `�i IT, �("AI'�. III,AI I)w(o,n, 111,tlnlntc�lnnpan,=anti (hc (,]a,-t ntrah. �4 5tircl> t,oIIjpmn-- Oilliolimon,dilk Jild c,i,tulL2 unto tltc lity+, of 1 om,mllu, 'III(! hilvill_! dicii plincipill oilice, is 'v c_•,Hic, I tri-iimil, (i,) i,eicl��. tmikc. coll'llitiic' ,nid appoilii- J;IN I)-cem li. Christina Molllli.G, CV 1lthia J. ��u��n��+. and .-Ndtiemi N'1th'.tl/ilchl iFl SNY3 Betwirdino, Cidilotnia dinth :Bull wvei'alll „n bcilali (!leach of the Comjmrlc, named above it, true anti Ianviul _ Ito]nc\ C,1-in-I act, Io make, r:;cctitu. seal tint! deliver- lit and on it, liChtil1 ilml a, it- deed. hnnd,. or othcti ohlivotoi" in the nab.rrc ofa bored i. `mete=. corlimc-t, of <Itlel ,11111 it, ❑rr o] flan be iecluircd of pci milted b,. ICUHI:III0I ,c(mlI:r-A 01 oth(:re: i,e_ provided that no hood of tundC]Iid:inL) of contlilct oI •ni.t% III]. exc-cuted m dr; thi, autlloritt ,hall (_xeCe(i lL(- ilPionntIII VL`.t)00.000_thl. ,'o� k,l III ,1t(ontc i, i_i.nnrd and i> t;', Cac,intilc: lmdcl tend 1,% the ;tuthol!t% oI the t illo\� inr_t kc,olutioll, adui11e(t I,% till, t;oud, c'l I)irectIll o1 both 1lic ( irst�llr;ilai cc (olllpifny +uid I he t ilrm Cii--ualtt tiller U'llipiiup, ;11 ntccttn_drib, callyd an(l held .)It the -16': dies „f RI,Y d VI.I) thiltIll, I'n:,)dent Ixrrutivr `rice 1'1c,ident. ally Vice he;idem-or the Secrc(ai he imd each oranv ofthem Bcnchv 1, illahorvcd to C`'eculu a polvCr t-Il Att(1 )ICY t!,U til ,'ini the tilt,)I11C_A narlic(l ill Ilic gi%len tillV er i�1=`1I1�1r1tCF T�1 Ci,Cittt� iln he11811 OI the C!11111'�kl tiv bond, !ndel mkmil,. tint till contract, of ,urety. and tlltit each nr mi of thorn 1, herchv author heel to iitte't to the execution oil ,uch I'o,(rr Id aitol llk,.. and i(, attach the ,cal of the (:onipen.: illid it i, 1 11ltl 1IIR RI Y )l y`i_.I ). [!tilt the tu] e nl",uelI Iflisr, and the ,eai of the l:,mli,iim m,I: he .;(h>:e(l to an,,",w_h 1'imC of attutner 1 11 k, ❑tip cc_ilowilk., 1c:latili"2 thcrclu It" . iac,ituilc- and ❑m ,ach I'o.c"ct] of .ltt,rnut I)] CC ifi(:ate IX'imnc ,twit 1uc,iniilC ,wlil the c)] I ii,ilnile ,cal `hill) he hindin'; upon the Cnn41.nis lour and in the tiltmL: hen ,,, i th,.ed \, )tit rc)_at(t to am, bout. tu;(lcr!akln ,,I contract )I mctl, i,_, , itic:l: it i- ii'miclic(i if:%\II\I_tiffMI(i-k1t)I- 1It,-(liw,-1n'LlimiceC:ompim"mid idle61'r,v,1,11m%(-onipan;l[wccati,edtile)] llicial cad„lob, hcic1l,u, i;t;i:.c(, illd dlc,e pic,r, t, to N- :ig')1CkI by their atillion ud ulliccl, thi, !`i' dav; of \c,vemi)e] 2U2,11 URAN U l ;late of 7_o lj,liiml �Iicii<<el I t ia':' I'rc,uluU 1 lu• CIi �, h„ur,utc c C.ontpam; 1 ( idle , c i'i,kc I'Ie,ulcnt I hC Oriel cis lit tlii. 4'i' du•. n(\ur(mhc]. 31)> heIIII C it ]I,. a \ot;II hlbhc. i'-'I-oI imic, ,11tpcmCd \IiLI1,1el I . ( uit !'Ie-item ui I I t iro% Insurance olljpirns_ illid I, CilICn ti I'i,kc' 11It;.Item of I he (E]ilc. C.ii ualtl :k gti),itc: Co pim% pcl ollillk klilM 111 to nx. ilelllL (lull,: ,V,(,nt..l( kn11'1 � stc(I )hut Iliec .�:,nc a ill,- ,ii_c,vc 1),rr of .Atit,rl c❑lid al i�,c(i the ,eul - Iil the c )11 panic,- it- (,I,licc.r till Mid il.Ial,nslcd�2c(l ,aid irntrtuncill to l)c till, Vtl1(inttt7 y iiCt allti dLMI. of Lw1] coilsp1 tuiC,. ulvw s ~�� r Notary Public I (i_�h ;Ai m� I lcruc l;l Notary 0 No. 92653 Not it i iNic_ I'm l,h of t it!c<ni, `,kite of I_om,l;ira Orleans Parish, Louisiana M,. (,(,ntttu,voii i, ins I i. 'lia i, `+. '�l;nl _�_t•,_ c ,:,; ll it _i_, in,tu,..lc(' C:oul 41n1. do hL cl-, :t,j lu', ;lhtt tlti, !nd io! r ii 11 il�-.!lid C„ik-,A ,1)', „i i'(wcr of .a_n(,tl. milli i_, iii( c_oiiipiuu.•.. ), ilk1l i, ,till in lull i„]eC iUid CHO,1 1"i 1 NI v,' %k, 111 I,1 111 - 1 Iril,c ei n 11:11)(1 and ill hxcd tile /,cid, of ]lie Compttn', Illi, 16th diiv of February 2023 I i l'L�il .111m: i 1( mCan y, cictar" "1 1llc (Ilio. Ca-uillv. & UICI', (.omp;I!I, . i10 hc1c))1. cCriih time the LII'o,:ca11(1 Ioj,( 111_ a tj('(; ❑n(1 C'WIL'l t 1�- .' 121 , _vIt ,. 'r, 1 ii t i i;.. ,i ;111(I ci,,.":! 1 "'1 `_,E "� I {1 RI.I) �i�ilalli,:c'd the ,r.11, of tlIC omI im', till, i8vi dal of Febraary 2023 SU Rq y F Ji- SEAL ,•'�rj �� SEAL i �i d' No-09002 V 'OF CALIFORNIA AT DEPARTMENT OF INSURANCT SAN FRANCISCO Certificate of Authority �Mls 1s] 0 CI I IFY. Mc lllslpratluc C',,h )/ Ill(, N'talt, '11 Calittirma. ills Grar Casualt.), gki stirell. Cotnjjolty or 1,olumatia, orYwin-vel mWei the' I'm � ill Louisiana wobject it) il< - lrfieh-_s of liworporoli'm or wilcl. Hildclinclital orptiii.."filitillul documvill", is herehil milhori-wel lo wanval-I 1i ithill this williecl lit id, of tlli,t ( (Irtificale, /lie fifflou ilg clov. illslerwh'i'. vc�, of suret+, 1; 2. 1! cl w*;., iN,jt 'W M'M t , a PCrlltcP 6c defilied iit flic lawl-frii" Lali.d ill-, (T R_11,111( 'A i upon the holdcr hcrewnmi and hcrcott,,r heir{,, ii i I(%, I I ith III,' and It/ Ili it ill I Of I 101% of (1014IL'Uhh' lain., I Illa I If It Clid I Vil II jP01II011A ill? d the /,m., o! Iiie Ill C(ditol'lli'l Ilk Io "m 11 iIlwfil, lVitHiPf'"1011A are lit clAv., 4wo, thic, illid (I.% filch I'm % and enwnts HIM, ull'Il, ill' MOY b"'lVillf"r 17k, 01, anwnd"d X V1 pia WHERVI W. (Ilkelh c ok of flic 14th dIn of �'Jorih. 'ill to Iw lhi.k 1,41h '!it o/ Ibir,11, 14-c. V1. Viled g g 20 1 PY J sialip ;q, r lki�,Jrj Certification 'A the St(t/(, of('ul'i/nrnhr, do ;IcTub; 01ti "II" abo(I up. , TI iIjcIII, ll • I II]), wilY ft illt lit, daPA-tt- o"in-I .,lahlem (ll Ill an od". o""d c"I zwd,V*thc S,,iddllpli­lf, Ifui III," k )w))it., bell undcIlcul IN' W11 Nl:,SS b\ HERFAW. I hom, heremlh) Ycl /Ili )ewld etriel coloed nm 'itit-jill w(d It 3 he allixed this Ph ehij III , fill it', 20 1 0 1 1 MV J0170, Pauline 1) .1tidt,cu CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 SS. County of San Bernardino On FEB 1 6 2023 before me, Rebecca Elizabeth Adcock Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Adriana Valenzuela Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person Rebecca Elizabeth Adcock acted, executed the instrument. COMMISSION ft 2327252 Ui '^ - !; NOTARY PUBLIC -CALIFO252 1 certify under PENALTY OF PERJURY under the laws of `L /SAN BERNARDINO COUNTY the State of California that the foregoing paragraph is �:i,sonr! My Comm.Erpires: 3-May-2024 true and correct. ITNESS my ha and official seal Si nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Armstrong Cal 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 Armstrong Cal 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 20380413. 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 Armstrong Cal 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. Armstrong Cal 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. Armstrong Cal Builders, Inc. Page C-5 City of Newport Beach GATEWAY PARK IMPROVEMENTS PROJECT NO. 23L01 CONTRACT NO. C-8791-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 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. 8791-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 11 /17/2022 Date Phone: (562) 304-8899 n/a Bidder's Telephone and Fax Numbers Lic. No. 990992 Class B, A Bidder's License No(s). and Classification(s) 1000885560 DIR Registration Number Armstrong Cal Builders Inc. Bidder Shawn Salah, President/CE Bidder's Authorized Signat , c and 'Title 3130 E. Willow St., Signal Hill, CA 90755 Bidder's Address Bidder's email address: bidding(a-),armstrongcalbuild ers.com PR-1 Vendor Name Armstrong Cal Builders Inc Address 3130 E ,Millovv Street Signal Hill, California 90755 United States Respondee Shawn Salah Respondee Title President/CEO Phone 562-837-8130 Email biddingCcoarmstrongcalbuilders.com Vendor Type CADIR License # 990992 CADIR PAN-'_R 1000885560 Bid Format Electronic Submitted 11/] 7i2022 9A1 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 309904 File Title File Name File Type BID SUBMITTAL C-8791-1 Armstrong Cal Builders inc.pcf BID SUBMITTAL C-8791-1 Armstrong Cal Builders'.nc.pdf General Attachment Bid Bond C-3791-1 Armstrong Cal Bui!cers Inc.pdf Bid Bond C-8791-1 ,Armstrong Cal Builders inc pdf Bid Bond Showing 5 Subcontracrors Name & Address Bravo Sign & Design, Inc. 520 S Central Park Ave East Anaheim, California 92802 Case Land Surveying 614 N. Eckhoff Street Orange, California 92868 Cedillo Landscaping 1435 E. I urn Ave. Anaheim, California 92805 Treesmith Enterprises 1551 N Millet Anaheim, California 92705 LISS Cal Builders Inc. 8051 Main Street Stanton, California 90680 Desc License Num CADIR Monwrem, Sign 641391 1000006083 Surveying 15411 1000001533 Landscape & 1057260 1000592055 Irrigation -ree Removal 802705 10000011338 Electrical 654454 1000003215 Amount Type 544,500 00 DGS S7,950.00 S 138,104.50 $21,1 0-0 00 5127,000,00 Discount Terms No Discouni Item Item 9 Code Type Item Description Section 1 1 Mobilization and Demobolization 2 Traffic Control 3 Provide Temporary Construction F-ce 4 Provide Construction Surveying and Staking (Specialty) 5 Remove Portion of Existing Concrete Walkway 6 Remove Portion of Existing Walls at Existing Palm Tree 7 Remove Existing Low Planter Wall 8 Remove Existing Curb 9 Remove Existing Truncated Domes 10 Remove and Dispose of Existing Pipe at New Walkway 11 Remove Waterproofing on Existing Planter Retaining Wall 12 Remove Existing Irrigation and Cap at New Walkway 13 Remove Existing Trees and Stump Grind 14 Clear and Grub at Planting Areas (Shrubs, Groundcovers, and Turf) 15 Erosion Control 16 4" Pedestrian Concrete Paving 17 B' Concrete Mow Curb 18 Provide Aggregate Backfill and SCH 40 PVC Weepholes at 4' O.C. at Existing Retaining Planter Wall 19 'Type B' P.C.C. Concrete Curb 20 42" Ht. Retaining Planter Wall with Stucco Finish 21 Concrete Curb Access Ramp with Truncated Domes 22 Resurface Plaster on Existing Retaining Planter Wall 23 Paint All Existing and New Walls/Caps 24 New Monument Signage (LED Backlit Existing Sign Letters Metallic Bronze, Paint Existing Sign Letters Metallic Bronze, Flat Cut Bronze Panel, Aluminum Plaque'City Seal' Painted Metallic Bronze, Decorative Fiberglass Sails Painted Metallic Bronze) (Specialty) 25 Site Electrical, Conduit, Pull Boxes, Wiring, Etc. (Specialty) 26 LED Uplights at Palm Trees (2 per Palm) (Specialty) 27 Provide and Install Drip Irrigation to Connect to Existing 28 Provide and Install Turf Irrigation to Connect to Existing 29 Install Irrigation Controllers / Cabinets Furnished by the City 30 Soil Preparation / Fine Grading 31 Soil Testing for Fertility and Agricultural Suitability 32 48' Box Tree (Multi -Trunk) 33 'Medjool' Date Palm Trees (BTH 18' / Diamond Cut) 34 15 Gallon Container Planting 35 5 Gallon Container Planting 36 2 Gallon Container Planting 37 Turf Sod 38 3" Mulch at all Shrub Areas 39 90-Day Maintenance Period 40 As -Built Plans UOM QTY Unit Price Line Total Response Comment 5540,233.50 LS 1 $78,000.00 578,000.00 Yes LS 1 $15,000.00 515,000.00 Yes LS 1 $15.000.00 915,000.00 Yes LS 1 $8,745.00 $8,745.00 Yes SF 700 $4.00 $2,800.00 Yes LF 50 520.00 $1,000.00 Yes LF 40 $16.00 $640.00 Yes LF 170 $10.00 91,700.00 Yes LS 1 $500.00 $500.00 Yes LS 1 $500.00 5500.00 Yes LF 65 $10.00 S650.00 Yes LS 1 $1,000.00 $1,000.00 Yes EA 54 $495.00 $26,730.00 Yes SF 7500 $2.00 $15,000.00 Yes LS 1 $2,000.00 52,000.00 Yes SF 860 $16.00 513,760.00 Yes LF 125 514.00 51,750.00 Yes LF 65 520.00 57,300.00 Yes LF 55 $16.00 9880.00 Yes LF 50 $285.00 $14.250.00 Yes EA 1 $5,800.00 $5,800.00 Yes LF 115 $30.00 $3,450.00 Yes LS 1 S3,500.00 53,500.00 Yes LS 1 $50,800.00 550,800.00 Yes LS 1 $36,000.00 $36,000.00 Yes EA 26 $3,150.00 $81,900.00 Yes SF 4600 $6.35 $29,210.00 Yes SF 2900 $7.95 $23,055.00 Yes EA 2 $10,285.00 $20,570.00 Yes SF 7300 $0.45 $3,285.00 Yes LS i 57,650.00 $1,650.00 Yes EA 1 $2,079.00 52,079.00 Yes EA 11 $3,575.00 $39,325.00 Yes EA 100 $126.50 $12,650.00 Yes EA 196 $24.50 $4,802.00 Yes EA 290 $8.00 82,320.00 Yes SF 2850 $2.75 57,83T50 Yes LS 1 55,720.00 55,720.00 Yes LS 1 $3,575.00 53,575.00 Yes LS 1 $1,500.00 $1,500.00 Yes Section Title Section 1 Grand Total Line Total $540,233.50 $540,233,50 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS GATEWAY PARK IMPROVEMENTS PROJECT NO. 231_01 CONTRACT NO. C-8791-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6 7-1.2 Temporary Utility Services 6 7-2 LABOR 7 7-2.2 Prevailing Wages 7 7-7 COOPERATION AND COLLATERAL WORK 7 7-8 WORK SITE MAINTENANCE 7 7-8.4 Storage of Equipment and Materials 7 7-8.4.2 Storage in Public Streets 7 7-8.6 Water Pollution Control 8 7-8.6.2 Best Management Practices (BMPs) 8 7-10 SAFETY g 7-10.3 Haul Routes 8 7-10.4 Safety 8 7-10.4.1 Work Site Safety 8 SECTION 9 - MEASUREMENT AND PAYMENT 8 9-2 LUMP SUM WORK 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment. 14 PART 2 - CONSTRUCTION MATERIALS 15 SEE FOLLOWING TECHNICAL SPECIFICATIONS 15 PART 3 - CONSTRUCTION METHODS 15 SEE FOLLOWING TECHNICAL SPECIFICATIONS 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS GATEWAY PARK IMPROVEMENTS PROJECT NO. 2311-01 CONTRACT NO. C-8791-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P-5271-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements; (5) Project Manual from RJM Design Group, Inc. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page SP 1 of 15 At the time of the award and until completion of work, the Contractor shall possess a Class "A" or a Class "C-27" license. If the selected contractor has a Class "A" license only, they will be required to have a subcontractor with a Class "C-27" for the landscaping portions of the project. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-3 SUBCONTRACTS 2-3.2 Self Performance The following items shall be designated as "Specialty Items": • Survey (Item 4) • Electrical (Items 24, 25, and 26) • Signage (Item 24) 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of improvements to the landscaping, irrigation, and landscape walls at Gateway Park. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Page SP 2 of 15 Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. 5-1 LOCATION SECTION 5 - UTILITIES Page SP 3 of 15 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. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Page SP 4 of 15 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 70 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 7 a.m. to 5 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $207 per hour when such time periods are approved. The following days are designated City holidays and are non -working days 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) Page SP 5 of 15 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 $750.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the Page SP 6 of 15 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. 7-7 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 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. Page SP 7 of 15 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. SECTION 9 - MEASUREMENT AND PAYMENT Page SP 8 of 15 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, temporary striping, and flag persons. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 3 Provide Temporary Construction Fence: Work under this item shall include, but not be limited to, installing and maintaining a 6-foot high temporary construction fence with green screening material around the work site as indicated on the plans, as directed by the Engineer, and as required to complete the work in place. Item No. 4 Provide Construction Surveying and Staking (Specialty Item): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for surveying, establishing horizontal and vertical controls, providing construction staking, preliminary grades, final grades, all horizontal alignments, as -built field notes, adjusting survey monuments, and all other survey items required to complete the work in place. Page SP 9 of 15 Item No. 5 Remove Portion of Existing Concrete Walkway: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing walk, and all other work items as required to complete the work in place. Item No. 6 Remove Portion of Existing Walls at Palm Tree: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing wall material including footing, at the palm tree as indicated on the plans, and all other work items as required to complete the work in place. Item No. 7 Remove Existing Low Planter Wall: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing wall material including footing, as indicated on the plans, and all other work items as required to complete the work in place. Item No. 8 Remove Existing Curb: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing mow curbs, and other curbs, including sawcutting, as indicated on the plans, and all other work items as required to complete the work in place. Item No. 9 Remove Existing Truncated Domes: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing truncated domes, as indicated on the plans, and all other work items as required to complete the work in place. Item No. 10 Remove and Dispose of Existing Pipe at New Walkway: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the pipe at the new walkway, as indicated on the plans, and all other work items as required to complete the work in place. Item No. 11 Remove Waterproofing on Existing Planter Retaining Wall: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of the existing waterproofing behind the existing planter retaining wall, as indicated on the plans, and all other work items as required to complete the work in place. Item No. 12 Remove Existing Irrigation and Cap at New Walkway: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing interfering portions of the irrigation lines and capping the line, as indicated on the plans, and all other work items as required to complete the work in place. Item No. 13 Remove Existing Trees and Stump Grind: Work under this item shall include, but not be limited to, trimming, removing and disposing of the tree, grinding of the tree roots and trunk below ground per the Greenbook requirements, backfill of the resultant void with on -site or Contractor provided backfill soil, and all other items required for the removal of the existing tree. Page SP 10 of 15 Item No. 14 Clear and Grub Planting Areas: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing all material and preparing the area in the work area as indicated on the plans and all other work items as required to complete the work in place. Item No. 15 Erosion Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for installing and maintain all erosion control measures as shown on the Plans and as instructed by the Engineer and all other work items as required to complete the work in place. Item No. 16 4-Inch Pedestrian Paving: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, constructing concrete sidewalk, installing expansion joint material, constructing weakened plane joints, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 17 8-Inch Concrete Mow Curb: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, constructing concrete mow curb and gutter, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 18 Provide Aggregate Backfill and SCH 40 PVC Weepholes at Existing Retaining Planter Wall: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for installing new aggregate backfill and weepholes at existing planter per the Contract Documents and all other work items as required to complete the work in place. Item No. 19 Type B P.C.C. Concrete Curb: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grading and compacting subgrade, constructing Type "B" concrete curb and gutter per City of Newport Beach STD-182 to join existing improvements with the proposed finished surface of the street, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 20 42-Inch High Retaining Planter Wall with Stucco Finish: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for constructing new retaining planter wall with stucco finish per the Contract Documents and all other work items as required to complete the work in place. Item No. 21 Concrete Curb Access Ramp with Truncated Domes: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete sidewalk, curb and gutter, removing any roots, grading and compacting subgrade, removing asphalt slot next to gutter, constructing concrete access ramps per City of Newport Beach STD 181 Sheet 1 to 3, and any applicable plan modifications, paving asphalt slot patch, restoring Page SP 11 of 15 all existing improvements damaged by the work, modifying landscape and irrigation to match limits of new ramp, installing truncated domes, and all other work items as required to complete the work in place. Item No. 22 Resurface Plaster on Existing Retaining Planter Wall: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and patching broken and delaminated plaster, preparing surface and restoring and replastering retaining walls, and all other work items as required to complete the work in place. Item No. 23 Paint All Existing and New Walls and Caps: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for preparing and painting all portions of the walls and caps in the work area per the Contract Documents and all other work items as required to complete the work in place. Item No. 24 New Monument Signage (Specialty Item): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for manufacturing, installing new monument signage at the park including all shop drawing and material approvals per the Contract Documents and all other work items as required to complete the work in place. Item No. 25 Site Electrical, Conduit, Pull Boxes, Wiring, etc. (Specialty Item): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all electrical equipment not otherwise included in the other items of work and as per the Contract Documents and all other work items as required to complete the work in place. Item No. 26 LED Uplights at Palms Trees (Specialty Item): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for installing new uplights per the Contract Documents and all other work items as required to complete the work in place. Item No. 27 Provide and Install Drip Irrigation to Connect to Existing: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for installing drip irrigation per the Contract Documents and connecting to the existing irrigation system and all other work items as required to complete the work in place. Item No. 28 Provide and Install Turf Irrigation to Connect to Existing: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for installing turf irrigation per the Contract Documents and connecting to the existing irrigation system and all other work items as required to complete the work in place. Item No. 29 Install Irrigation Controllers and Cabinets Furnished by the City: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for installing new irrigation cabinets and controllers per the Contract Documents and all other work items as required to complete the work in place. The Page SP 12 of 15 cabinets and controller material will be provided by the City and all items of work not provided for the project to be complete shall be provided by the Contractor. Item No. 30 Soil Preparation / Fine Grading: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for fine grading after installation of plant material, and prepare a smooth and properly drained landscape surface; and all other work items as required to complete the work in place. Item No. 31 Soil Testing for Fertility and Agricultural Suitability: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for conducting agronomy test, amending existing soil per the test results by rototilling to a minimum depth of 6 inches in areas where work is possible without disturbing existing tree roots; and all other work items as required to complete the work in place. Item No. 32 48-Inch Box Tree (Multi -trunk): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for procuring and installing new tree per the Contract Documents and all other work items as required to complete the work in place. Item No. 33 Medjool Date Palm Trees (BTH 18' / Diamond Cut): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for procuring and installing new tree per the Contract Documents and all other work items as required to complete the work in place. Item No. 34 15 Gallon Container Planting: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing new plantings as specified on the plans, including soil amendments, backfill, fertilizers; and all other work items as required to complete the work in place. Item No. 35 5 Gallon Container Planting: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing new plantings as specified on the plans, including soil amendments, backfill, fertilizers; and all other work items as required to complete the work in place. Item No. 36 2 Gallon Container Planting: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing new plantings as specified on the plans, including soil amendments, backfill, fertilizers; and all other work items as required to complete the work in place. Item No. 37 Turf Sod: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing new turf sod as specified on the plans, including soil amendments, backfill, fertilizers; and all other work items as required to complete the work in place. Item No. 38 3-inch Mulch at all Shrub Areas: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for installing Page SP 13 of 15 mulch at all areas, existing and new as per the Contract Documents and all other work items as required to complete the work in place. Item No. 39 90-day Maintenance Period: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for manpower, fertilizers, irrigation system inspection and operation, plant material care and replacement if necessary, supervision and all other items necessary to establish and maintain the landscaping for the entire duration of the 90-Day Maintenance Phase. Item No. 40 Provide As -Built Plans (Fixed): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $1,500.00 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. Page SP 14 of 15 PART 2 - CONSTRUCTION MATERIALS SEE FOLLOWING TECHNICAL SPECIFICATIONS PART 3 - CONSTRUCTION METHODS SEE FOLLOWING TECHNICAL SPECIFICATIONS Page SP 15 of 15 W Li ro 0-) LLB Escrow Agreement No: 2144 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Newport Beach, a municipal corporation and charter City, whose address is 100 Civic Center Dr., Newport Beach, California, 92660, ("City"); and Armstrong Cal Builders, Inc. whose address is 3130 E. Willow Street, Signal Hill, CA 90755 ("Contractor"), and BANNER BANK, a State Chartered Bank, whose address is 5901 Priestly Dr., Suite 160, Carlsbad, CA 92008 ("Escrow Agent.") For the consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between the City and Contractor for Contract No. 8791-1, construction services for Gateway Park Improvements in the amount of Five Hundred Forty Thousand Two Hundred Thirty Three Dollars and 50/100 ($540,233.50), dated January 10, 2023, ("Contract"). Alternatively, on written request of the Contractor, the City shall make payments on the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of the City of Newport Beach, and shall designate the Contractor as the beneficial owner. Securities eligible for deposit under this Escrow Agreement are those listed in California Government Code Section 16430, bank or savings and loan certificates of deposit interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to in writing by Contractor and the Owner. 2. The City shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Agreement and the rights and responsibilities of the Parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Escrow Agreement No: 2144 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections (6) to (8), inclusive, of this Agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. Escrow Agent shall send monthly account statements to both City and Contractor to aforementioned respective addresses. 11. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of City: On behalf of Contractor: City of Newport Beach Armstrong Cal Builders, Inc. Public Works Director CEO Title Title David A. Webb, P.E. Shawn Salah Name Signature 100 Civic Center Dr. Newport Beach, CA 92660 Address Name s Zo/i3 S' ture 3130 E Willow Street Signal Hill, CA 90755 Address 9 Escrow Agreement No: 2144 On behalf of Escrow Agent: Escrow Administrator Title Francisca Pardo Name JQA& raure Priestly Dr., Suite 160 Carlsbad, CA 92008 Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement by their proper officers on the date first set forth above. City: Finance Director Title Jason AI -Imam Name Lq F, 0 --- E APPROVED AS TO FORM: CITY ATT NEY'S OFFI 6 Aa n C. Har , Cit Att ney Contractor: 3 CEO Title Shawn Salah Name 32023 S' ature