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HomeMy WebLinkAboutC-8871-1 - Goldenrod Pedestrian Bridge Improvments Project ContractCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 Fnx newportbeachca.gov November 20, 2023 Diamond Construction & Design Attn: Stelian Onufrei 921 N. Harbor Boulevard, Unit No. 622 La Habra, CA 90631 Subject: Goldenrod Pedestrian Bridge Improvements Project - C-8871-1 Dear Mr. Onufrei: On September 12, 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 September 13, 2023, Reference No. 2023000222810. The Surety for the bond is Developers Surety and Indemnity Company and the bond number is 0100320. Enclosed is the Labor & Materials Payment Bond. Sincerely, ilani I Len, MMC City Clerk Enclosure Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 0100320 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Diamond Construction & Design hereinafter designated as the "Principal," a contract for: the work necessary for the completion of this contract consists of removing and replacing existing wooden planters, wooden arches, light fixtures, electrical conduit, irrigation lines, irrigation valves and controller, and irrigation drainpipe system and planting new flowers on the Goldenrod Pedestrian Bridge, 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, Developers Surety and Indemnity Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Fifty Eight Thousand Two Hundred Twenty Three Dollars and 00/100 ($158,223.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as Diamond Construction & Design Page A-1 to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 21st day of March , 2023 Diamond Construction & Design Name of Contractor (Principal) Developers Surely and Indemnity Company Name of Surety 17771 Cowan Suite #100, Irvine, CA 92614 Address of Surety (866) 363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Qvo.w� _ By: 00(a" a)on C. Harp s•r•Zs Wr- Ci y Attorney Authorized Signature/Titl Authorized Agent Signature _ Rebecca Haas -Bates , Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Diamond Construction & Design Page A-2 **See Attached for Attorney -in -Fact Acknowledgement** 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 OE2f�_4 } ss. On � 4 yw 20 -0 before me, u Notary Pubic, personally appeared SVP 'd.CN Ct\V- `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 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 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. GOh1ETHAN CHONG �� M.it2346710 '�pp W b� 5"n NOTARY PUBLIC CALIFORNIA VI Y OBABGE COUNTY " �n�rvn3. 1Vv 3�w02b k (seal) State of California County of 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 underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Diamond Construction & Design Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .. A notary public or other officer completing tills certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 03/21/2023 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signerl`sl who proved to me on the basis of satisfactory evidence to be the persons) whose names} Is/are subscribed to the within Instrument and acknowledged to me that Wshe/they executed the same in his/herAheir authorized capacity(jer.), and that by his/her/tlm>.ir signature4on the instrument the person(, or the entity upon behalf of which the persons) acted, executed the instrument. ol y`-°` " ALMA KAREN HERNANDEZ -+ `= Notary Public • Californla Orange County Commission N 2390908 My Comm. Expires Jan 16, 2026 M I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No 0100320 Document Date: 03/21/2023 Number of Pages: Three 3 Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Tltle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact EI Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L\Y<CY.4�;4�+i "YLV4V<\.SC'.4�e< Y _ h%4\.Y _ • 4' v4l✓. 4" • 'eiT?i4\•/. • _ .Y4.• POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALI. BY THESE PRESENTS that., except as expressly limited herein,COREPOINTE INSURANCE COM PANY turd DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, cunstfute and Optimal: William Syrkin, Richard Adair, and Rebecca Haas -Bates , of Irvine, CA as its true and lawful Atnnney-in-Pact, to ntnke, execute, deliver and acknowledge, for and on houllf of said companies, as starches, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney in -Fact Full power and authority, to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said company fall power of substitution and revocation, and all of the Cars of said Attrrrney-in-Fact, pursuant to these presents, are hereby ratified mid confirmed. This Power of Attorney is effective March 21, 2023 and shall expire on December 31, 2025, This Power ofAttomey is granted and is signed under and by authority of the following resolutions adopted by the Bound of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Comparry") on November 3, 2022. RESOLVED, that Sam Zua, S nior Vice PreSitlant, Surety Underwriting, James Bell, Vice President, Surety Underwriting, and ETON Dawson, Executive Unde'mite , Su. rely, cacti an employee of AniTi ust North An icy, Inc, an affliate of the Company (the "Authorized Signors"), are hereby authorized to execute a Power of Attorney,_ qualifying attomey(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary of tho Company be, and each of them hereby is, authorized to attest the execution orally such Power ofAttomcy. RESOLVED, that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the seal of the Company mast be affixed to any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY said DEVELOPERS SURETY AND INDEMNITY COMPANY have caused dhea: presents to be signal by the Authorized Signor and roasted by their Secretary or Assistant Secretary this December 5, 2022 By Primed Na__ _Sam Zaza Title: Senior Vice President, Surety STATE OP California COUNTY OF Crenge ,%H to too"", y�Sl1Rg', , SEAL; a : Ov •�'OFL/iWPR� •• �; ,,Quit nrp�� ���AND/,,V •,�� y,�Q; aGOfuP OR,gTFO of, Co.. '. t 1936 On tlnisJk day of s U_vA�fit personally appeared Sam Zaza who proved to me on the basis ofsmisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalfwhich the person acted, executed this instrument. 1 certify, under penalty ofpci.iury, under the laws of the State of Ceufomie WITNESS my hand and official seal. Signature A ��—_.. C CORPORATE CERTIFICATION Unit rho foregoing paragraph is true and correct. DIANE J. KAWATA California 00V Notary Public - Orange CountyCommissionI"I'll,Mycomm. Expires Apr 28, 2023 The undersigned, the Secretary or Assistant Secretary of CORRPOINITE INSURANCE COMPANY End DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions Critic resolutions ofthc respective Boards of Directors of said coiporations set forth in this Power orAllomey are in force as of the date ofihis Ccnification. 'Phis Certification is executed in the City of Clcecltmd, Ohio, this 22 day of November, 2022. 0ocualgned by: CJ°jab V k �1.bsLS By: ,_ GBGA16EyMF648C harry W. Moses. Assistant Secretary POA No. NIA_ Ed. 1122 No. 4606-0 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code ofthe State of California, Developers Surety and Indemnity Company of California, organized under the laws of Cal fornia, subject to Its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions ofthis Certfcate, the following classes ofinsurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, Legal, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws ofthe State of California. TIES CERTIFICATE is expressly conditioned upon the holder hereofnow and hereafter being in full compliance with all, and not in violation ofany, ofthe applicable laws and lawful requirements made under authority ofthe laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter he changed or amended. IN WLTNESS WHEREOF, effective as of the I S0 day of November, 2017, I have set my hand and caused my official seat to be affixed this I' day of November, 2017. Dave Jones lmmrauce Cnmmissionar 1� ! [ra—, A B' Valerie Sarfaty for Joel Laucher Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failureto do so will be a violation of Immune Code section 701 mulwlllbe grounds for revoking this Certificate of Authority pursuant to the eovenants made in the application therefor and the conditions contained herein, 9/13123, 11:11 AM Batch 16321992 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 11111IIIIIIIIIII1111IIIIIIIIIIIIIIIIIIIIIII1111IIIIIIIIIIIIII11I1III NO FEE *$ R 0 0 1 4 5 5 3 6 3 0 $ * 202300022281011:08 am 09113/23 90 CR-SC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Diamond Construction & Design, La Habra, California, as Contractor, entered into a Contract on January 24, 2023. Said Contract set forth certain improvements, as follows: Goldenrod Pedestrian Bridge Improvements Project - C-8871 -1 Work on said Contract was completed, and was found to be acceptable on September 12, 2023, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Developers Surety and Indemnity Company. 'M1 City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. CitjClerk ' " = https://gs.secure-erds.com/Batch/Confirmation/16321992 415 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 Diamond Construction & Design, La Habra, California, as Contractor, entered into a Contract on January 24, 2023. Said Contract set forth certain improvements, as follows: Goldenrod Pedestrian Bridge Improvements Project - C-8871-1 Work on said Contract was completed, and was found to be acceptable on September 12, 2023, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Developers Surety and Indemnity Company. m City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. ,�y,,A Executed on � /I ,�VI0 X at Newport Beach, California. BY "Xj. IrllLil �- 00 CITY OF NEWPORT BEACH Clio V NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 22"d day of December, 2022, at which time such bids shall be opened and read for GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO. 23R12 CONTRACT NO. 8871-1 $160,000 Engineer's Estimate Approved 01 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 Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "The Contractor shall possess a Class "A" and a Class "C-27" license. Alternatively, 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." For further information, call Tom Sandefur, Project Manager at (949) 644-3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: httP&//www.new ortbeachca.gov/qovernment/data-hub/online-services/bids-rfps-vendor- reqistration City of Newport Beach GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO. 23R12 CONTRACT NO. 8871-1 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 .......................................... 10 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 FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIALPROVISIONS............................................................................................ SP-1 ptl City of Newport Beach GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO. 23R12 CONTRACT NO. 8871-1 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, 211 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 be general partner 521295 A,B Contractor's License No. & Classification Authorized Signature/Title 1000024690 wxp 06/30/2023 12/19/22 DIR Registration Number & Expiration Date Diamond Construction & Design Bidder k Date Bond No.: CMGB00015415 City of Newport Beach GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO, 23R12 CONTRACT NO.8871-1 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 Their Greatest Amount Bid ----- ---- Dollars ($ 10% of Their G.A.B. ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Goldenrod Pedestrian Bridge Improvements Project, Contract No. 8871-1 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 14th day of December , 2022. Diamond Construction & Design Name of Contractor (Principal) .Argonaut Insurance Company Name of Surety c/o CMGIA, 20335 Ventura Blvd., Ste 426 Woodland Hills, CA 91364 Address of Surety (866)363-2642 Telephone general partner Authorized Signature/Title Authorized Agent Signature Christopher Coronet, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & SuretV must be attached) ACKNOWLEDGMENT C 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 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: 7 (seal) Thumbprint of Signer F] 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 See Attached. } ss. On 20 before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (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 N. (seal) Bond No.: CMGB00015415 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook. Illinois does hereby nominate, constitute and appoint: Gabriella Gradv. Shilo Lee Losing. Stephanie i-lope Shear. Elizabeth Santos Stacev Garcia Matthew Dionisio. Christopher Coro Their true and lawful agent(s) and attorneys) -in -fact, each in their separate capacity if more than one is named above, to matte. execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however. that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the follom-ing Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED. That the President, Senior Vice President, Vice President. Assistant Vice President. Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney. to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF. Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the i9th day of November.2021. Argonaut Insurance Company •a,.0 SSEAL D= by: STATE OF TEXAS tl1NOts �• COUNTY OF HARRiS SS: Gary E. Grose President On this 19th day ofNovernber, 2021 A.D.. before me, a Notary Public of the State of Texas. in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY. to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and Subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company. referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris. the day and year first above written. 1-1�aihij.Ln `iY1, �YYtaztn rSAT t+-EZ4 rvt "EEKS �Y7`G�'� STATE QF TEXAS PUBLo ^.y MY CE.7Rrttvt EXP. '87IS�725 -- NQTARY aD �57�3o2-S (Notary Public) I. the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full. true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF. I have hereunto set my hand_. and affixed the Seal of said Company. on the 14th day of December . 2022 . Austin W. King, Secretary IF YOU HAVE QUESTIONS ON AUTHENTICITY OF TiKS DOCUMENT CALL (833) 820 - 9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1188 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On EC I�. before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Christopher Coronet Name(s) of Signer(s) 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) an the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. % LucaS MCRSoN Notary Pub' r C .t omia z Signature Lp<a^;e es Co. 'y Signature of No ary Public c�aa rt Alt Comm. Enies Matv 2025 �' Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docume r fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ElGenera ElIndividual ❑ Attorne ' act ID Trustee ❑ G ian or Conservator ❑ Other: Signer Is esenting: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO. 23R12 CONTRACT NO. 8871-1 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. Diamond Construction & Design Jaw Okr, general partner Bidder 01 Authorized Signature/Title City of Newport Beach GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO. 23R12 CONTRACT NO. 8871-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Diamond Construction & Design FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 Project Name/Number Project Description Calle Real Water Improvements water line improvements Approximate Construction Dates: From Jan 2022 Agency Name City Of San Clemente Contact Person Greg Diest To: Jan 2023 Telephone ( 94� 337-3139 Original Contract Amount $846,974 Final Contract Amount $ 1,076,537 If final amount is different from original, please explain (change orders, extra work, etc.) change orders Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. no 10 No. 2 Project Name/Number Valley View/Rosecrans Intersection Project Description Intersection Improvements Approximate Construction Dates: From July 2022 Agency Name City Of Santa Fe Springs To: Dec 2022 Contact Person Robert Garcia Telephone (562) 868-0511 Original Contract Amount $863.886 Final Contract Amount $ 916,653 If final amount is different from original, please explain (change orders, extra work, etc.) change orders Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. no No. 3 Project Name/Number Bicycle Casino Project Description Parking lot improvements Approximate Construction Dates: From Jan 2020 Agency Name Bicycce Casino TO: Jan 2022 Contact Person Luis Sanchez Telephone (310) 743-5123 1, 307, 905 1,559,077 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) change orders Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. no 11 No. 4 Project Name/Number Residential Street Repair Project Description street improvements Approximate Construction Dates: From Jun 2022 Agency Name City of Santa Ana Contact Person Jose G Castillo To: Dec 2022 Telephone ( 71) 647-4700 Original Contract Amount $ 731,611 Final Contract Amount $ 738,611 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. no No. 5 Project Name/Number Vintage/Sundowner Park Project Description Parks improvements Approximate Construction Dates: From Jul 2022 Agency Name City of Lake Forest To: Jan 2023 Contact Person Douglas Erdman Telephone (94) 282-5233 Original Contract Amount $944,047 Final Contract Amount $ 944,047 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. no 12 No. 6 Project Name/Number Crystal Cove - Creek Maintenance Project Description Improvements Approximate Construction Dates: From Agency Name California State Parks Contact Person Randall Gamache Nov 2022 To: Dec 2022 Telephone ( 945 599-6516 Original Contract Amount $139,205 Final Contract Amount $ 139,205 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. no Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Diamond Construction & Design`' Bidder 13 Authorized Signature/Title City of Newport Beach GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT -NO. 23Ri.2 CONTRACT NO. 8871-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of QM44__) steiian Orufroi bein first d ly sworn, de�,'osps and says that he or she is general partner of Dymond construction &Design , the party making the foregoing bid; that the bid is not rnede 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 coiluded, 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 shorn bid. I declare under penalty of perjury of the Laws of the State of California that thej=qgoing is t ue and correct. Diamond Construction & Design I f _4 6.' . Bidder Authorized SignaturefTitle Subscribed and sworn to (or affirmed) before me on this__\q� day of 2022 by proved to me satisfactory basis of satisfactory evidence to be the person(pl 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. *.."I"My P,AQUEI.CORRAL Notary Public• Cal4. .orange County [$SAL]Commission � 239i53l Comm. Expires Jan 24, 2026 14 My Commission Expires: =L c i t• City of Newport Beach GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO. 23R12 CONTRACT NO. 8871-1 DESIGNATION OF SURETIES Bidder's name Diamond Construction & Design 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): William Syrkin - Millenium Corp Services PH: 818-203-0408 Fax 949-679-7244 5530 Trabucco Rd. Irvine Ca 92620 Lic no OM93299 - Bonds 15 City of Newport Beach GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO.23R12 CONTRACT NO. 8071-1 CONTRACTOR'S INDUSTRIAL, SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name oiarmond Construction & Design Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2021 2020 2019 2018 2017 Total 2022 No. of contracts 5 5 7 6 6 a 38 Total dollar Amount of 4.5 mii i t•3 mil 1.4 mil 1.5 Mil 1.4 mil 2.4 mil 12.5 roll Contracts (in Thousands of No. of fatalities 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving 0 0 0 0 0 0 0 permanent transfer to another job or termination of employment The infonnation required for these items is the saute 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 Diamond Construction & Dasig3n Business Address: 921 N Harbor Bl a Habra Ca 90631 Business Tel. No.: 714-240-3698 State Contractor's License No. and Classification: 521295 &S, Title Stelian dnufrei - general partner The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Stelian Onufrei-gkineral partner 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 partnerstoint 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. MOTARY Ag_K. WWLEDGMENT 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 Y1-'_\0v 2wa - before me, personally appeared 'Z> ��, ayr,\ Raquel Corral- Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the ersoni(Xwhose narne(g)ft-alle subscribed to the within instrument and acknowledged to me thai�� executed the same in authorized capacity(;io�), and that by efflg-�� �ijgnature(ej'bn the instrument the 5[sXaahXQ+r_ 01 personk4, or the entity upon behalf of which the person�']""acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, RAQUEL CORRAL Notar/ Public - California Orange County Comminiian # 239191 4411".''.F"My Comm. Explrc5 Jaf� 24, 20146 Signature (Seal) The *%6_��126-N_otaw __ City of Newport Beach GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO. 23R12, CONTRACT NO. 8871-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Diamond Construction &Design Record Last Five (5)Full Years Current Year of Record __�_urrent Record Record Record Record Record Year of for for for for for 2022 Total dollar Contracts (in Thousands of $) No of lost No. of lost workday cases permanent transfer to another job or termination of employment |heinformation required for these items xsthe same asrequired for columns 3boO.Code 1O. Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 19, Scanned with CamScanner Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title Diamond Construction & Design 921 N Harbor Blvd #622 La Habra Ca 90631 714-240-3698 521295 A,B, Stelian Onufrei - general partner The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Adrian O'Brian - qualify partner Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 Scanned with CamScanner TEXAS ORDINARY CERTIFICATE OF ACKNOWLEDGMENT Civil Practice & Remedies Code § 121.007 The State of Texas County of ---------- D;I Notary 10 -- I )a 3 5e 89 My Commission Expires os December 76, 2026 Place Notary Sea/ andlor Stamp Above Before me, -�mxy�a,h �nh Nome and Chorajter of Notarizing Officer, e.g., "John Smith, Notary Public" on this day personally appeared Adrian 3 O�Y�1�., Name of Signer known to me proved to me on the oath of Name of Credible Witness ZI-PlIved to me through,---- Q yi V2 r Ll . Q nSEZ Description of Identity Card or Document to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seat of office this -aL— ay of -0 — 4 Day Month Year OPTIONAL Signature 00 tori1ing Officer Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 2 fd!S .. Document Date: Number of Pages: Signer(s) Other Than Named Above. ---- — ------ 02020 National Notary Association M 1304-16 (11120) Scanned with CarnScanner City of Newport Beach GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO. 23R12 CONTRACT NO. 8871-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Diamond Construction & Design 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 none n/a iu; City of Newaort Beach GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO. 23R12 CONTRACT NO.8871.1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Diamond Construction & Design Business Address: 921 N Harbor Blvd 4622 La Habra Ga 90631 Telephone and Fax Number' tol:714-240-11111fax 714-276-0696 California State Contractor's License No. and Class: 621295 A,B (REQUIRED AT TIME OF AWARD) Original Date Issued; 11124/67 Expiration Date. 02/28/23 List the name and titlelposition of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Stelian Onufrei -general partner 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 Stelian Onufrel - general artner 732 Galnsborough Dr, Laguna Beach Ca 91051 714-240-36g5 Adrian O'Brian - qualify partner 610 Alabama St, Huntington Beach Ca 92658 971-373-2454 Corporation organized under the laws of the State of 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows; n/a All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows; Diamond Construction & Design For all arbdrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; n/a Briefly summarize the parties' claims and defenses; n/a Have you ever had a contract terminated by the owner/agency? If so, explain. no Have you ever failed to complete a project? If so, explain. no For any projects you have been involved with in the last 5 years, did you have any claims or actions by any oautside agency or individual for labor compliance (i.e, failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 20 x Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) n/a Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. [diamond Construction & oasign Fidder Stelian Onufrei (Print name of Owner or President of Corporation/Company) ,(/ CL .• Authorized Signature/fitle general partner Title Date before me, la-S&A, C6,rr a t Notary Public, personally appeared r_4 who proved to me on the basis of satisfactory evidence to be the person(g) whose nsms(s&are"subscribed to the within instrument and acknowledged to me that l ey executed the same in oher4heir authorized cepacity(ioq�; and that by is ignature(s� on the instrument the peraon(t), or the entity upon behalf of which the person(s) acted, executed the instrument. t 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. Notary Pubfic in and for said Mate My Commission Expires:0Li1L_? C��.�, 21 RAQUF.i CORRAL (SEAL.) � � ' " � Notary hbkc - Catifamia z Dr3County Commission N 239i 59i " My COMM, Exp%reg Jan 24, 2026 City of Newport Beach GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO. 23R12 CONTRACT NO. 8871-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT CONTRACT NO. 8871-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this day of 24th day of January, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and DIAMOND CONSTRUCTION & DESIGN, a California partnership ("Contractor"), whose address is 921 N. Harbor Boulevard, La Habra, California 90631, 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 removing and replacing existing wooden planters, wooden arches, light fixtures, electrical conduit, irrigation lines, irrigation valves and controller, irrigation drainpipe system, and planting new flowers on the Goldenrod Pedestrian Bridge (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. 8871-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Fifty Eight Thousand Two Hundred Twenty Three Dollars and 00/100 ($158,223.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Stelian Onufrei 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 Diamond Construction & Design, a Partnership Page 2 City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Stelian Onufrei Diamond Construction & Design 921 N. Harbor Boulevard, Unit No. 622 La Habra, CA 90631 Diamond Construction & Design, a Partnership Page 3 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California; (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570; and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide. Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. si Glld6Z6] a 4:7_'1 1 s] k 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. Diamond Construction & Design, a Partnership Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. Diamond Construction & Design, a Partnership Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be Diamond Construction & Design, a Partnership Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract; and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. Diamond Construction & Design, a Partnership Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. Diamond Construction & Design, a Partnership Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorneys 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] Diamond Construction & Design, a Partnership 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 ATTPR EY'S OFFICE Date: Z's AWon C. Harp 3.9 •2S w,- City Attorney ATTEST- Date- By- :.• City Clerk /0 CITY OF NEWPORT BEACH, a California municipal corporation Date: __1 0 - y; h r CONTRACTOR: Diamond Construction & Design, a California Partnership Date: Signed in Counterpart By: Stelian Onufrei Managing Partner Date: Signed in Counterpart By: Adrian O'Brian Partner [END OF SIGNATURES] Attachments: Exhibit A — Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements Diamond Construction & Design, a Partnership 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 OF NEWPORT BEACH, CITY ATT R'_ EY'S OFFICE a California municipal corporation Date: _ Z3 Date: By: "t 6 By: Won-C. Harp 3.9 , x3 w-- Noah Blom City Attorney Mayor ATTEST: CONTRACTOR: Diamond Construction & Date: Design, a California Partnership Date: By. By: c� Leilani I. Brown Stelian Onufrei City Clerk Managing Partner Date: 03/20/23 i By: Adrian O'Brian Partner [END OF SIGNATURES] Attachments: Exhibit A — Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements Diamond Construction & Design, a Partnership Page 10 Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 0100320 c7e1�I7N"T, A _lam li A ► H 11111001► 0 WHEREAS, the City of Newport Beach, State of California, has awarded to Diamond Construction & Design hereinafter designated as the "Principal," a contract for: the work necessary for the completion of this contract consists of removing and replacing existing wooden planters, wooden arches, light fixtures, electrical conduit, irrigation lines, irrigation valves and controller, and irrigation drainpipe system and planting new flowers on the Goldenrod Pedestrian Bridge. 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, Developers Surety and Indemnity Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Fifty Eight Thousand Two Hundred Twenty Three Dollars and 00/100 ($158,223.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as Diamond Construction & Design Page A-1 to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 21st day of March , 2023 Diamond Construction & Design Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety 17771 Cowan Suite #100, Irvine, CA 92614 Address of Surety (866) 363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 5_/ice/ By: (n'r tIa4on C. Harp 5•Ir•23 WC- y Attorney /)�&eu�_ q* Authorized Signature/Titl '�oaee�Qo►a. __ Authorized Agent Signature Rebecca Haas -Bates , Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST SE ATTACHED Diamond Construction & Design Page A-2 "*See Attached for Attorney -in -Fact Acknowledgement" 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' � On % ► ` 20 `L3 before me, a MCA Gl Notary Public, personally appeared . 2. Arll 0 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. ETHAN CHONG I� WITNESS my, hand and official seal �� �Comm.# 2346770 ►p r NOTARY PUBLIC-CALIFORNIA U1 W ORANGE COUNTY r C'L1N,ORtiA MY Cum ExP. FP;. 13, 2025'' 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 names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Diamond Construction & Design Page A-3 CALIFORNIA. • .GMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 03/21/2023 before me, Alma Karen Hernandez, Notary Public Date Here insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signer(* who proved to me on the basis of satisfactory evidence to be the person* whose name(b. is/are subscribed to the within instrument and acknowledged to me that 1Z),-jshe/thW4 executed the same in his/her/their authorized capacity(i*, and that by his/her/thair signatureZ4on the instrument the person(*,, or the entity upon behalf of which the person(s1 acted, executed the instrument. E°.:...rH ALMA, KAREN HERNANDEZ < x?- ; F! Notary Public - California = Orange County 9 My Commission # 2390908 Comm. Expires Jan 16, 2026 r I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Z Z� - Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No. 0100320 Document Date: 03/21/2023 Number of Pages: Three 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates CI Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General El Individual 1W Attorney in Fact F1 Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited rJ General D individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: Gam, -aiAs: -✓-�c�,4'!c`✓.`+/, '� '✓ � 'd '�'.'✓�.-cr -�/C .C."+ -y,� ' y 'y4'✓ .v.' er -✓.'ti .�. _ _ _� _L .y .� 'd . 02014•nal Notary Association www.NationalNotary.org :11 • •R811 : •: 91 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that, except as expressly limited herein, COREPOINTE INSURANCE COMPANY acid DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint: William Syrkin, Richard Adair, and Rebecca Haas -Bates , of Irvine, CA as its true and lawful Attorney -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said companies, as sureties, bonds. undertakings and contracts of suretyship giving and granting unto said Attomey-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said company full power of substitution and revocation, and all of the acts of said Attomey-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is eflcctive March 21, 2023 and shall expire on December31, 2025. This Power ofAttomey is granted and is signed under and by authority of de following resolutions adopted by the Board of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company") on November 3, 2022. RESOLVED, that Sam Zaza, Senior Vice President, Surety Underwriting, James Bell, Vice President, Surety UnderwTitinp, and Craig Dawson, Executive Underwriter, Sure each an employee of AmTrust North America, Inc., an affiliate of the Company (the "Authorized Signors"), are hereby authorized to execute a Power of Attorney, qualifying attomey(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary of the Company be, and each of them hereby is, authorized to attest the execution of any such Power ofAttomey. RESOLVED, that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the seal of the Company must be affixed to any such Power of Attomey.. and any such signature or seal may be affixed by facsimile, and such Power ofAttomey shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. iN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these present,; to be sighed by the Authorized Signor and attested by their Secretary or Assistant Secretary this December 5, 2022 By: Printed Name: Sam Zaza Title: Senior Vice President, STATE OF California COUNTY OF %%'114ur#iO4 o L- SEALS = %OJ•���F�AWPR� �•Y:� AND /NO�•,�. �J . GOELP 0/iyT F?y co • r: 1936 O,? Clq -� x On this_ day of v +oCQ 20 before me. ��— V-i.�, Gr personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument. i certify, under penalty of perjury, under the laws of the State of califomia WITNESS my hand and official seal. Signature that the foregoing paragraph is true and correct. CORPORATE CERTIFICATION DIANE J. KAWATA ■ Notary Public California I ? Orange County ]` Commission p 2284027 My Comm. Expires Apr 28, 2023 11 w The undersigned, the Secretary or Assistant Secretary of COREPOiNTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power ol'Attomey are in force as of the date of this Certification. This Certification is executed in the City of Cleveland, Ohio. this 22 day of November, 2022. Ef DocuSigned by: 03. tWst,S Bv: s6e4167ADEsaac Barry W. Moses, Assistant Secretary POA No. N/A Ed. 1 122 No. 4606-0 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Developers Surety and Indemnity Company of California, organized under the laws of California, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, Legal, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany, ofthe applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the I" day of November, 2017, 1have set my hand and caused my official seal to be affixed this IS' day of November, 2017. Dave Jones Insurance Commissioner 7 By Valerie Sarfaty for Joel Laucher Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. Premium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 0100320 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,164.00 , being at the rate of $ 20.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Diamond Construction & Design hereinafter designated as the "Principal," a contract for. - The work necessary for the completion of this contract consists of removing and replacing existing wooden planters, wooden arches, light fixtures, electrical conduit, irrigation lines, irrigation valves and controller, and irrigation drainpipe system and planting new flowers on the Goldenrod Pedestrian Bridge. 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 Developers Surety and Indemnity Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Fifty Eight Thousand Two Hundred Twenty Three Dollars and 00/100 ($158,223.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Diamond Construction & Design Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 21st day of March 12023 Diamond Construction & Design Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety 17771 Cowan Suite #100, Irvine, CA 92614 Address of Surety (866) 363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 5-to/z-� By: I (Q_) ron C. Harp 5 zs wc, City Attorney Authorized Signature/Title Authorized Agent Signature Rebecca Haas -Bates , Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Diamond Construction & Design Page B-2 **See Attached for Attorney -in -Fact Acknowledgement — 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 0(-Or\ql— } ss. On 20 3 before me, (`, 1c) q Notary Pubic, 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. nF ., ETHAN CHONG WITNESS m hand and official seal. — s <, Comm.# 2346770 to �T o NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY �A MY Comm. EXP. FES. 13, 2025 Signatu ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of ss. On 20 before me, Notary Public, personally appeared 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) Diamond Construction & Design Page B-3 CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT � c�'✓.�i\.4� .c�S.aaS.c� .c�C.c� .aG�\.aG.. ♦.wG.s\ G.v\ s� .o. •.A .sa\.r\t/TG.v..\Y,-�` .a .�\ .� .c\ .sue. .w /'\ s� .saG..�\.c��..f..aG a .. S a.\ T ..� .a��. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 03/21/2023 Date before me, Alma Karen Hernandez, Notary Public Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignerN who proved to me on the basis of satisfactory evidence to be the persons? whose name((6* is/fie subscribed to the within instrument and acknowledged to me that #e/she/they executed the same in his/herd authorized capacity(I, and that by hWher/thair signatureZ.on the instrument the person(s},, or the entity upon behalf of which the personN acted, executed the instrument. KAREN HERNANDEZ Z _ •, _ - Notary Public - California Orange County = 4< < a Commission # 2390908 MY Comm. Expires Jan 16 2026 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond No. 0100320 Document Date: 03/21/2023 Number of Pages: Three 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates El Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 1W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited O General El Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 4i�s4�.i'•✓:'aiG'•✓i'd4�/\✓.."��i�✓.L�G`ei ai"✓ "✓ 'ram 'L '.v.�."a'i'a/ -✓�:..�.i�✓LC'✓. `�1��'ev6'•✓ •✓%��/,. "✓ice✓.�.i�✓. -✓i'asi�✓ "✓. O 1 • • • • • • • • S/1 • " S11 i • •: •1 POIVER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that. except as expressly limited herein, COREPOiNTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint: William Syrkin, Richard Adair, and Rebecca Haas -Bates of Irvine, CA as its true and lawful Attorney -in -Pact, to make, execute, deliver and acknowledge, for and on behalf of said companies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said company full power of substitution and revocation, and all of the acts of said Attomey-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is effective March 21, 2023 and shall expire on December 31, 2025. This Power of Attomey is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND iNDE-MNITY COMPANY (collectively, "Company") on November 3, 2022. RESOLVED, that Sam Zaza, Senior Vice President, Surety Underwriting, James Bell, Vice President, Surety Underwriting, and Craig Dawson, Executive Underwriter, Surctv each an employee of AmTrust North America, Inc., an affiliate of the Company (the "Authorized Signors"), are hereby authorized to execute a Power of Attorney, qualifying attomey(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations, and that the Secretary or any Assistant Secretary of the Company be, and each of them hereby is, authorized to attest the execution ofany such Power of Attomey. RESOLVED, that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the seal of the Company must be affixed to any such PO\ver of Attomey, and any such signature or seal may be affixed by facsimile, and such Power of Attomey shall he valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Audtoriz)M Signor and attested by their Secretary or Assistant Secretary this December 5, 2022 By: Printed Name: Sam Zaza LZ Title: Senior Vice President, STATE OF California COUNTY OF Orange ,ss14r001000"* `�•`�\tJSURgNc I-: SEAL:: •'�FCAWPf: • Y: /NO'•,�. �J OtZP0P �' 1936 a i P• 0 On this_ day of CQ 20 Xl before me, personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument. 1 certify, under penalty of perjury, under the laws of the State of California WITNESS my hand and official seal. that the foregoing paragraph is true and correct. Signature �./ ...... . CORPORATE C'ERTiFICAT►ON r� DIANE J. KAWATA o Notary Public . California ..: Orange County Commission p 2284027 My Comm, Expires Apr 28, 2023 The undersigned.. the Secretary or Assistant Secretary of COREPOiNTE INSURANCE COMPANY and DEVELOPFRS SURETY AND iNDE•MNITY COMPANY, does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power ofAttorney are in force as of the date of this Certification. This Certification is executed in the Citv of Cleveland, Ohio. this 22 day of November, 2022. DocuSigned by: jj'�"( M Aust,S 13v: sasa�sE7ADtaesc _ Barry W. Moses..Assistant Secretary POA No. N/A Ed. 1 122 No. 4606-0 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Developers Surety and Indemnity Company of California, organized under the taws of California, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, Legal, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany, ofthe applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the I' day of November, 2017, I have set my hand and caused my official seal to be affixed this I" day of November, 2017. Dave Jones Insurance Commissioner By Valerie Sarfaty for Joel Laucher Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursumit to the covenants made in the application therefor and the conditions contained herein. 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 Diamond Construction & Design 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 contain, the following provisions: 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 Diamond Construction & Design Page C-2 documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher Diamond Construction & Design Page C-3 limits than the minimums shown above, the City requires and shall be 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. Diamond Construction & Design 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. Diamond Construction & Design Page C-5 City of Newport Beach GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO. 23R12 CONTRACT NO. 8871-1 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. 8871-1 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: 12/19/22 Date tel 714-240-3698 fax 714-276-0596 Bidder's Telephone and Fax Numbers 521295 A, B Diamond Construction & Design Bidder GENERAL PARTNER Bidder's Authorized Signature and Title 921 N Harbor Blvd #622 La Habra Ca 90631 Bidder's License No(s). Bidder's Address and Classification(s) 1000024690 DIR Registration Number Bidder's email address: stely907@yahoo.com -- r 'older 1) etal15 Vendor Name diamond construction Address 921 n harbor #622 la habra, California 90631 United States Respondee STELIAN ONUFREI Respondee Title GENERAL PARTNER Phone 714-240-3698 Email stely907@yahoo.com Vendor Type DVBE,CADIR License # 521295 CADIR 1000024690 '�.il ✓Jti._7 i. Bid Format Electronic Submitted 12/22/2022 9:42 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 314308 Buyer -omment At+achmt entS File Title File Name File Type BID SUBMITTAL C-8871-1 DIAMOND CONSTRUCTION.pdf BID SUBMITTAL C-8871-1 DIAMOND CONSTRUCTION.pdf General Attachment Bid Bond C-8871-1 DIAMOND CONSTRUCT]ON.pdf Bid Bond C-8871-1 DIAMOND CONSTRUCTION.pdf Bid Bond Sul bco ?" CtO'S Showing 1 Subcontractor Name & Address Desc Cedillo Landscaping #5 & #9 1435 E. Turin Ave. Anaheim, California 92805 License Num CADIR Amount Type 1057260 1000377609 $35,940 00 `ilie ILo-Mj Discount Terms No Discount Item # Item Code Type Item Description UOM CITY Unit Price Line Total Response Comment Section 1 $158,223.00 1 Mobilization LS 1 $6,400.00 $6,400.00 Yes 2 Traf0c Control LS 1 $3,600.00 $3,600.00 Yes 3 Remove and Replace Existing Wooden Planters LS 1 $79,708.00 $79,708.00 Yes 4 Remove and Replace Existing Wooden Arches LS 1 $7,500.00 $7,500.00 Yes 5 Remove and Replace Existing Irrigation Lines LF Soo $21.23 $10,615.00 Yes 6 Remove and Replace Existing Light Fixtures EA 5 $1,000.00 S5,000.00 Yes 7 Remove and Replace Existing Electrical Conduit LF 250 515.00 $3,750.00 Yes 8 Remove and Replace Existing Irrigation Drain Pipe System LS 1 $12,000.00 $12,000.00 Yes 9 Remove and Replace Existing Irrigation Valves and Controller LS 1 $25,325.00 $25,325.00 Yes 10 Concrete Spall Repair SF 35 595.00 $3,325.00 Yes 11 Provide As -Built Drawings LS 1 $1,000.00 $1,000.00 Yes _jib? item S'u rOt" jc Section Title Section 1 Grand Total Line Total $158,223.00 $1 S8,223.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO. 23R12 CONTRACT NO. C-8871-1 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 2-3 SUBCONTRACTS 2-3.1 Self Performance 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 5-7 SALVAGED MATERIALS 1 1 2 2 2 2 2 2 2 2 2 2 3 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 5 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-7.2 Working Hours 5 6-7.3 Working Days 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7 7-1.2 Temporary Utility Services 7 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 8 7-10.3 Haul Routes 8 7-10.4 Safety 8 7-10.4.1 Work Site Safety 8 SECTION 9 - MEASUREMENT AND PAYMENT 9 9-2 LUMP SUM WORK 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment 11 PART 2 - CONSTRUCTION MATERIALS 11 SECTION 200 — ROCK MATERIALS 12 200-1 ROCK PRODUCTS 12 200-1.1 General 12 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 12 201-1 PORTLAND CEMENT CONCRETE 12 201-1.1 Requirements 12 201-1.1.2 Concrete Specified by Class and Alternate Class 12 201-2 REINFORCEMENT FOR CONCRETE 12 201-2.2 Steel Reinforcement 12 201-2.2.1 Reinforcing Steel 12 201-10 CONCRETE REPAIR MATERIALS 12 201-10.1 General 12 SECTION 204 — LUMBER AND TREATMENT WITH PRESERVATIVES 12 204-1 LUMBER AND PLYWOOD 12 204-1.1 Type 12 204-1.1.3 Redwood 12 204-1.2 Lumber Uses and Grades 13 204-2.2 Waterproofing Treatment 13 204-2.3 Rubber Liner Waterproof Mat 13 SECTION 206 — MISCELLANEOUS METAL ITEMS 13 206-1 STRUCTURAL STEEL, RIVETS, BOLTS, PINS, AND ANCHOR BOLTS. 13 206-1.1 Requirements 13 209-1.1.1 General 13 206-1.1 Rivets, Bolts, Pins, and Anchor Bolts 13 209-1.1.1 General 13 SECTION 218 — ELECTRICAL MATERIALS 13 218-1 ELECTRICAL MATERIALS 13 218-1.1 Wires 13 218-1.2 Conduit 13 218-1.3 Light Fixtures 14 PART 3 - CONSTRUCTION METHODS 14 SECTION 300 - EARTHWORK 14 300-1 CLEARING AND GRUBBING 14 300-1.3 Removal and Disposal of Materials 14 300-1.3.1 General 14 PART 6 - TEMPORARY TRAFFIC CONTROL 14 SECTION 600 - ACCESS 14 600-1 GENERAL 15 600-2 VEHICULAR ACCESS 15 600-3 PEDESTRIAN ACCESS 15 SECTION 601— WORK AREA TRAFFIC CONTROL 15 601-1 GENERAL 16 601-2 TRAFFIC CONTROL PLAN (TCP) 16 PART 8 - LANDSCAPING AND IRRIGATION 16 SECTION 800 - MATERIALS 16 800-1 LANDSCAPING MATERIALS 16 800-1.1 Topsoil 16 800-1.1.1 General 16 800-1.2 Plants 16 800-1.2.1 Assorted Geranium Ivy 16 800-2 IRRIGATION SYSTEM MATERIALS 17 800-2.1 Irrigation System 17 800-2.2 Irrigation Valves 17 800-2.3 Irrigation Controller and Pedestal 17 800-2.3.1 Irrigation Controller 17 800-2.3.2 Irrigation Controller Pedestal 17 SECTION 801- INSTALLATION 17 801-1 GENERAL 17 801-6 MAINTENANCE AND PLANT ESTABLISHMENT 17 APPENDIX A— BOXIE OUTDOOR CEILING MOUNT LIGHT FIXTURE 19 APPENDIX B — LIGHTWEIGHT POTTING SOIL 20 APPENDIX C — PARKS DIVISION STANDARD IRRIGATION MATERIAL LIST 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS GOLDENROD PEDESTRIAN BRIDGE IMPROVEMENTS PROJECT PROJECT NO. 23R12 CONTRACT NO. C-8871-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R-7025-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. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.qov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class "A" and a Class "C-27" license. Alternatively, 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 Page SP 1 of 21 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 2-3.1 Self Performance The following items shall be designated as "Specialty Items": • Electrical (Items 6, and 7) • Concrete (Item 10) 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 removing and replacing existing wooden planters, wooden arches, light fixtures, electrical conduit, irrigation lines, irrigation valves and controller, and irrigation drain pipe system and planting new flowers on the Goldenrod Pedestrian Bridge. 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 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 Page SP 2 of 21 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 including a sample of the 1-gallon Geranium Ivy in each color for review and approval by the Engineer prior to installation. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements and coordinate the Page SP 3 of 21 final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes and utility boxes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes and utility boxes shall be permanently adjusted to finish grade. The Contractor shall adjust all temporarily lowered manholes and utility boxes to the new finished grade within five (5) calendar days of completing the AC finished course. 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. 5-7 SALVAGED MATERIALS The Contractor shall salvage existing planter rods. Salvaged material shall be delivered to the City's Municipal Operation Yard at 592 Superior Avenue, Newport Beach. Unless directed otherwise or shown otherwise on the plans, the Contractor shall make arrangements for the delivery of salvaged materials by contacting Greg Haynes, Parks Department, Public Works Supervisor at (949) 644-3081. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Page SP 4 of 21 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 40 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. 6-7.2 Working Hours Normal working hours are limited to 8 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 $276 per hour when such time periods are approved. 6-7.3 Working Days The following days are designated City holidays and are non -working days: Page SP 5 of 21 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 241t', (Christmas Eve) 10. December 25t' (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. Page SP 6 of 21 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shutdowns 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 Page SP 7 of 21 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. 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. Page SP 8 of 21 The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General 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. Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, providing submittals, bonds, insurance and financing; providing and maintaining a 6-foot high construction chain link screened fence on both ends of the bridge; preparing and implementing the BMP Plan; preparing and updating construction schedules as requested by the Engineer; attending construction progress meetings as needed; and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K- rails, temporary striping, and flag persons. Contractor shall prepare a Designated Pedestrian Detour Route to provide access for the duration of the bridge closure due to the construction activity. Signage shall be reviewed and approved by the Engineer prior to posting. The Designated Pedestrian Detour Route shall be printed on two (2) 24"x36" Coroplast signs in color with grommets posted on the temporary construction fence at both ends of the bridge. 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. Page SP 9 of 21 Item No. 3 Remove and Replace Existing Wooden Planters: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and replacing existing wooden planters with heart redwood lumber as specified on the Contract Drawings; hauling and disposing existing wooden planters; sealing the interior face of the planter with waterproof coating; installing rubber liner waterproof impermeable membrane mat; applying two (2) coats of clear varnish sealant to the exterior surface of wooden planters; removing and reinstall existing private trellis at the north entrance arch effected by the work; repairing concrete spalling at the base of the wooden planter if needed as determined by the Engineer prior to installing new wooden planters and all other work items as required to complete the work in place. Item No. 4 Remove and Replace Existing Wooden Arches: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and replacing existing wooden arches with heart redwood lumber as specified on the Contract Drawings; hauling and disposing existing wooden arches; replacing existing entry signage matching existing font, and all other work items as required to complete the work in place. Item No. 5 Remove and Replace Existing Irrigation Lines: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and replacing existing irrigation lines with 0.9 GPM Rain Bird XF dripline or Engineer approved equal; furnish and install %-inch schedule 40 PVC irrigation line and drip irrigation headers in both wooden planters per Contract Drawing and all other work items as required to complete the work in place. Item No. 6 Remove and Replace Existing Light Fixtures (Specialty Item): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and replacing existing light fixtures with Boxie Outdoor Ceiling Mount lighting fixtures or Engineer approved equal per the Contract Drawing; replacing new conductors; installing all necessary electrical components; installing stainless steel ceiling mount plate cover; connecting all electrical wiring to the lighting controller and all other work items as required to complete the work in place. Item No. 7 Remove and Replace Existing Electrical Conduit (Specialty Item): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and replacing existing electrical conduit; furnishing and installing 1-inch diameter schedule 80 PVC electrical conduit with 3 conductors and 12- inch sweeps; appurtenances to make required connections shall be stainless steel; connecting all electrical wiring and all other work items as required to complete the work in place. Item No. 8 Remove and Replace Existing Irrigation Drain Pipe System: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and replacing existing irrigation drain pipe with 3-inch ADS perforated drain pipe; installing mesh liner and filler rock around drain pipe per Contract Drawing; connecting 3-inch ADS perforated drain pipe to 3-inch schedule 40 PVC drain pipe at the outlet; installing 3-inch schedule 40 PVC drain pipe on slope; installing slope anchor at Page SP 10 of 21 every 10-ft to hold drain pipe in place per Contract Drawing and all other work items as required to complete the work in place. Item No. 9 Remove and Replace Existing Irrigation Valves and Controller: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and replacing existing irrigation valves and controllers; installing two (2) Rain Bird XCZ-100 PRF Drip Zone kit or Engineer approved equal; installing controller with Toro DXi-Laguna Irrigation Controller with Cellular Communication or Engineer approved equal; furnishing and installing VIT 16 Stainless Steel Pedestal and connecting all electrical wiring to provide power for the controller and all other work items as required to complete the work in place. Item No. 10 Concrete Spall Repair (Specialty Item): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for any concrete spall repair that may be necessary as required by the Engineer and all other work items as required to complete the work in place. Item No. 11 Furnish and Install New Plants: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for installing new plants per the Contract Drawing; replacing topsoil as specified in the Contract Document and all other work items as required to complete the work in place. Item No. 12 Trim Bush and/or Shrub: Work under this item shall include, but not be limited to, providing all the necessary labor, equipment, and materials for removal of and/or trim existing bush in conflict with the proposed 3-inch drainage pipe alignment as directed by the Engineer; disposing of excess materials; restoring surface to match adjacent area; and all other work items as required for performing the work complete and in place. The work shall be limited to areas directly adjacent to the proposed 3-inch drainage pipe alignment. Item No. 13 Provide As -Built Plan: 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 $1000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS Page SP 11 of 21 SECTION 200 — ROCK MATERIALS 200-1 ROCK PRODUCTS 200-1.1 General Rock products shall be defined as crushed rock, rock dust, gravel, sand, stone for riprap, or any combination thereof. Rock products shall be clean, hard, sound, durable, uniform in quality, and free of any detrimental quantity of soft, friable, thin, elongated or laminated pieces, disintegrated material, organic matter, oil, alkali, or other deleterious substance. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 marine grade, epoxy -coated steel conforming to ASTM A 934 or ASTM A 775 with 2-inch minimum cover unless shown otherwise on the plans. 201-10 CONCRETE REPAIR MATERIALS 201-10.1 General All concrete repairs to the bridge concrete shall be made with SikaGrout-212, SikaTop- 111, SikaTop-123, SikaQuick VOH, or similar product as approved by the Engineer. SECTION 204 — LUMBER AND TREATMENT WITH PRESERVATIVES 204-1 LUMBER AND PLYWOOD 204-1.1 Type 204-1.1.3 Redwood Page SP 12 of 21 Redwood lumber shall conform in all particulars to the Standard Specifications for Grades of California Redwood of the Redwood Inspection Service. 204-1.2 Lumber Uses and Grades Unless otherwise specified, lumber quality for the uses listed shall not be less than the grades in Table 204-1.2 of the Standard Specifications for Public Works Construction (2015 Edition). 204-2.2 Waterproofing Treatment The interior surface of the wooden planters shall be sealed with Henry's waterproofing sealant or Engineer approved equal. All exterior surface of the wooden planters and wooden arches shall be sealed with Valspar Protective Sealant or Engineer approved equal. 204-2.3 Rubber Liner Waterproof Mat Rubber liner waterproof impermeable membrane mat shall be at minimum 10 mil thick. SECTION 206 — MISCELLANEOUS METAL ITEMS 206-1 STRUCTURAL STEEL, RIVETS, BOLTS, PINS, AND ANCHOR BOLTS. 206-1.1 Requirements 209-1.1.1 General All steel, the class of which is not definitely designated herein, in the Special Provisions, or on the Plans, shall be structural steel and shall conform to the requirements of ASTM A36. Steel manufactured by the acid Bessemer process shall not be used. 206-1.1 Rivets, Bolts, Pins, and Anchor Bolts 209-1.1.1 General All rivets, bolts, rods, pins, conduit clamps, and anchor bolts shall be stainless steel. SECTION 218 — ELECTRICAL MATERIALS 218-1 ELECTRICAL MATERIALS 218-1.1 Wires Contractor shall submit, as part of their submittal, the wiring for approval by the Engineer. 218-1.2 Conduit Page SP 13 of 21 Conduit shall be minimum 1-inch diameter schedule 80 rigid PVC conduit. 218-1.3 Light Fixtures The light fixtures shall be Boxie Outdoor Ceiling Mount light fixtures or Engineer approved equal. Refer to Appendix A, BOXIE OUTDOOR CEILING MOUNT LIGHT FIXTURE. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3-feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS Page SP 14 of 21 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 200 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2-inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. Contractor shall prepare a Designated Pedestrian Detour Route to provide access for the duration of the bridge closure due to the construction activity. Signage shall be reviewed and approved by the Engineer prior to posting. The Designated Pedestrian Detour Route shall be printed on two (2) 24"x36" Coroplast signs in color with grommets posted on the temporary construction fence at both ends of the bridge. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. SECTION 601 — WORK AREA TRAFFIC CONTROL Page SP 15 of 21 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718-3466 and all affected property owners. PART 8 - LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIALS 800-1.1 Topsoil 800-1.1.1 General Lightweight topsoil shall be a mix of sand, peatmoss, perlite mixture, and a small amount of organic mulch to reduce shrinkage. Refer to Appendix B, LIGHTWEIGHT POTTING SOIL. 800-1.2 Plants 800-1.2.1 Assorted Geranium Ivy Page SP 16 of 21 Plants shall be 1-gallon equal mix of red, white, pink, and purple Geranium Ivy. Submittals are required for all construction material including a sample of the 1-gallon Geranium Ivy in each color for review and approval by the Engineer prior to installation. 800-2 IRRIGATION SYSTEM MATERIALS 800-2.1 Irrigation System Dripline system shall be consisted of 0.9 GPH Rain Bird XF Dripline with 12-inch spacing and Rain Bird '/2-inch, 17 millimeters dripline or Engineer approved equal. Refer to Appendix C, PARKS DIVISION STANDARD IRRIGATION MATERIAL LIST. 800-2.2 Irrigation Valves Irrigation Valves (total of 2) shall be Rain Bird XCZ-100 PRF Drip Zone kit or Engineer approved equal. Refer to Appendix C, PARKS DIVISION STANDARD IRRIGATION MATERIAL LIST. 800-2.3 Irrigation Controller and Pedestal 800-2.3.1 Irrigation Controller Irrigation Controller shall be Toro DXi-Laguna Irrigation Controller with Cellular Communication or Engineer approved equal. Refer to Appendix C, PARKS DIVISION STANDARD IRRIGATION MATERIAL LIST. 800-2.3.2 Irrigation Controller Pedestal Irrigation Controller shall be VIT 16 Stainless Steel or Engineer approved equal. SECTION 801 - INSTALLATION 801-1 GENERAL The landscape contractor or subcontractor shall provide a licensed Pest Control Advisor (PCA) prior to applying herbicide. The PCA will be responsible for preparing and approving a Pest Control Recommendation and providing Safety Data Sheets (SDS). These items shall be included with the herbicide submittal. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT The maintenance and plant establishment period shall be for a period of Ninety (90) calendar days. The Contractor shall set a preliminary review with the City Arborist once the plantings are completed per Contract Documents. The Contractor shall submit a written request to the Engineer at least five (5) working days prior to the anticipated preliminary review date. The Beginning of the 90-Day Plant Establishment Period will commence upon the issuance of a letter of Preliminary Acceptance to the Contractor. The condition of the plants shall be free of dead or dying branches and branch tips, with Page SP 17 of 21 all foliage of a normal density, size and color. If the event replacement is required, as soon as weather conditions permit, replace, without cost to the City all dead plants and all plants not in a vigorous, thriving condition, as determined by the Engineer during and at the end of the Warranty Period. Page SIR 18 of 21 APPENDIX A — BOXIE OUTDOOR CEILING MOUNT LIGHT FIXTURE Page SP 19 of 21 BOXIE SMALL WALUCEILING Featuring a thick, square polished pressed -glass shade suspended from a die-cast base. the modern Boxie's LED light source beautifully illuminates a space without Calling attention to itself. It easily mounts to the ceiling or wall for ultimate flexibility. High quality LM80-tested LEDs for consistent long -life performance and color Outstanding protection against the elements: • Powder coat finishes • Stainless Steel mounting hardware • Impact -resistant, l stabilized frosted acrylic lensing Ceiling or wall mounting option SPECIFICATIONS DELIVERED LUMENS 472.2 LED WATTS 12 LED VOLTAGE 120V, 277V (LED only) DIMMING ELV LIGHT DISTRIBUTION Symmetric MOUNTING OPTIONS Wall or Ceiling CCT 3000K or4000K. CRI 90+ COLOR BINNING 3 Step BUG RATING 81-U3-G1 DARK SKY Compliant (Ceiling) WET LISTED IP65 GENERAL LISTING ETL Can be used to comply with CEC 2016 Title 24 CALIFORNIA TITLE 24 Part 6 for outdoor use. Registration with GEC Appliance Database not required. START TEMP -30°C FIELD SERVICEABLE LED No CONSTRUCTION Aluminum HARDWARE Stainless Steel FINISH Powder Coat LED LIFETIME L70; 70,000 Hours WARRANTY* 5 Years WEIGHT 4lbs. V•st tec^•iight.ng mm for specfc warranty 'imitations and details ORDERING INFORMATION 7000WBX SHAPE CRUCCT FINISH VOLTAGE S SMAL.L. - 6- 930 90 CRI, 3000K Z RRCNZE 120 '20V 940 90 CR!, 400UK H C-iARCDAL 277 277V INC ',NCANDESCE-NT- •'.KV 3VY ,''L TECH LIGHTING' BOXIE SMALL shown in bronze BOXIE SMALL shown in charcoal tech lighting.com BOX I E SMALL WALL,CE L'NG .S6mm ®�69 M. 5.3 35 ' 1mm 53 135 mm 3cxie Srnad PHOTOMETRICS* BOXIE SMALL Total i_umen Cutout: 472.2 Total Power: 12 Luminaire :ifficacy: 39.35 Cotor Temp: 2700K CR: 90+ BUG Rating: Bi-lJ3-G-, 150 125 100 75 50 25 0 25 50 75 100 125 150 PROJECT INFO °47,RF PYaF & QUANTTY 130" 120' 110' 100' 90' 80' 70° 60' 50' i08 NAME & NtO NGTES ® 2019 Tech Lighting, L.L.C. All rights reserved. The "Tech Lighting" graphic is a registered trademark of Tech Lighting, L.L.C. Tech Lighting reserves the right to change specifications for product improvements without notification. TECH LIGHTING TECH LIGHTING' GENERATION 6RAN01S 7400 L.nder Avenue, Skokie, Illinois 60077 T 847.410 4400 F 847 410. 4500 techlighting.com Installation Instructions for TECH LIGHTING' GENERAL PRODUCT INFORMATION: TI, These fixtures are intended to be installed c I I us utilizing NEC compliant junction boxes. I ntertek This product is suitable for wet locations. This product can be dimmed with a low -voltage electronic dimmer. This product may be ceiling or wall mounted. This instruction shows a typical installation. Install the Fixture Base ® FIXTURE BASE #6-32 SET SCREWS j © 1/16 ALLEN WRENCH GLASS SHADE While supporting the glass shade, loosen (Do Not Remove) the four #6-32 set screws on fixture base with the 1/16 Allen wrench. © Carefully remove the glass out of the fixture base. 1 B •❑I" o"oo❑ o e 920FMBOXISMD 700BXS -LED, 7000WBX5 -LED CAUTION - RISK OF FIRE This product must be installed in accordance with the applicable installation code by a person familiar with the construction and operation of the product and the hazards involved. Use minimum 90°c supply conductors. IG PLATE #8-32 SCREW #8-32 SCREW Secure the mounting plate to the electrical box with 2 #8-32 screws. NOTE: Install the mounting plate so that the studs are parallel or perpendicular to the walls, this will ensure that the fixture is oriented to the room. © Remove the mounting plate from the fixture base by unscrewing the two knurled nuts. 1D OOooOO O p ooOO o 4 OO �00 0 00 Ooo 000o O © Ground the mounting plate in accordance with local electrical codes. 1E Connect the black fixture wire to the hot power line wire with a wire nut. Connect the white fixture wire to the neutral power line wire with a wire nut. (all�' ❑ O D O O Properly place all wires and wire nut connections into the electrical box, mount the fixture base to the ceiling by reinstalling it onto the mounting plate, and secure it tightly with the knurled nuts. 2 1F OOp�ao004 m000O�L7 00 000 00 oo� o0 For wet location installation, caulk around the fixture base with waterproof construction sealant. Install the Shade m #6-32 SET SCREWS GLASS SHADE 1/16 ALLEN WRENCH Place the glass shade into the fixture base until the grooved section of the glass shade is completely inside. © Hold the glass shade in place and tighten all four #6-32 set screws with the 1/16 Allen wrench to lock the glass shade in place. SAVE THESE INSTRUCTIONS! TECH LIGHTING 7400 Linder Ave, Skokie, IL 60077 847.410.4400 www.techlighting.com n 2016 Tech Lighting, L.L.C. All rights reserved. The 'Tech Lighting" graphic is a registered trademark of Tech Lighting, L.L.C. Tech Lighting reserves the right to change specifications for product improvements without notification. A Generation Brands Company APPENDIX B — LIGHTWEIGHT POTTING SOIL Page SP 20 of 21 6/28/22, 11:54 AM Print: Lightweight Potting Soil Lightweight Potting Soil Lightweight Potting Soil (LWPS33) ewsa.com Earth Works Lightweight Potting Soil is a quality mix that creates an ideal growing environment for all container planting conditions and is excellent as a complete soil replacement. This Lightweight Potting Soil is specifically formulated to provide a balance between soil moisture retention and drainage while promoting rapid plant establishment. Earth Works Lightweight Potting Soil has been carefully blended with premium peat moss, vermiculite and sand. Vermiculite and sand are blended into the mix to provide proper drainage and aeration in the root zone. This important sand and vermiculite mixture also prevents soil compaction, while providing the anchorage necessary for the proper rooting of large plants and trees in container situations. EarthWorks Lightweight Potting Soil is suitable for all indoor and outdoor container planting. It is an ideal soil for raised bedding areas, general container planting, and planting acid loving plants. This premium Lightweight Potting Soil is also suitable for hanging baskets, color bowls and all specialty planting situations. PLANTING RECOMMENDATIONS: • Drainage holes in containers are critical for a plant's long term well being. Place pebbles or broken pottery over the drainage holes. Position the plant in the container and firmly press Earthworks Lightweight Potting Soil into place under and around the rootball. Water thoroughly. INGREDIENTS: • 33 % Peat moss, 33% Vermiculite and 33% Sand plus nutrients and minerals (triple super phosphate, potassium sulfate, ureaformaldehyde, lime, gypsum and iron sulfate). (Infiltration rate: approx. 4in/hr) (Saturated density: approx.85 Ibs/cf) Request a Quote` www.ewsa.com/website/printing/print_page.asp?domain=ewsa.com&rid=7551 &pg=LightweightPottingSoil 1 /1 APPENDIX C — PARKS DIVISION STANDARD IRRIGATION MATERIAL LIST Page SP 21 of 21 o�WP°R� Public Works O5, n P Parks Division �<<FORNStandard Irrigation Materials List 5-2022 Controller Toro DXi-Laguna Irrigation Controller with Cellular Communication httr)s://cdn2.toro.com/en/-/media/Files/Toro/professional-contractor/Controllers/DXi-Controller/21- 1196-I RC-DXi-Controller-SS-new. ashx Contact Toro/Rain Master Scott We 949-212-8013 Battery Powered Irrigation Controller Toro DDCWP Battery Powered Controller Hunter XC Hybrid Battery Powered Controller w/Solar Panel Kit Heads Toro 570Z-PRX-COM Pop -Up Rain Bird 5000 Rotor Rain Bird 8005 Rotor Drip Irrigation Rain Bird Xerigation Landscape Drip Rain Bird XCZ-100-PRF Drip Zone Kit Rain Bird XF Dripline - 0.9 GPH, 12 in. Spacing Miscellaneous Febco 825Y RP Spears # DS-100 Dri-Splice Connectors with crimp sleeves Spears # DS-300 Dri-Splice Sealant Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover Rainbird EFB-CP Series Valve with DC Latching Solenoid (Battery Controllers Only) Griswold DW Series Valve (Control Valve) Griswold DW Series Valve with DC latching solenoid (use with battery -powered controller) Griswold 2160 Solenoid Valve (Normally Open Master Valve) Griswold 2000 Solenoid Valve (Normally Closed Master Valve) Matco 754 Series Full Port Ball Valve Schedule 40 PVC Lateral Pipes Class 315 Main Supply Pipe (2" and larger) Schedule 40 PVC Main Supply Pipe (1-1/2" and smaller) Rectangle Valve Box-Plastic-18" L x 12" W x 12" D Round Valve Box-Plastic-10" Control Wire-14 AWG U.F. 600-Volt Direct Burial Copper with PVC Insulation. Rain Master Flow Sensor - http://rainmaster.com/pdf/SellSheet-FlowSensors.pdf EV-CAB-SEN — Rain Master Flow Sensing Cable, 3M-DBR/Y-6 Connectors c d) W, I K,A