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
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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
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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,
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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`_
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Notary Public
Notary ID No. 92653 \lit L m
Orleans Palish, Louisiar� Mk t, ollmil"foll I- liar 1 ilk,
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2023
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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
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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
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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'_
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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
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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
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No-09002
V 'OF CALIFORNIA
AT
DEPARTMENT OF INSURANCT
SAN FRANCISCO
Certificate of Authority
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Certification
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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
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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