HomeMy WebLinkAboutC-9333-1 - Bonita Creek Community Center Improvementsi
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ffY OF
N0 DOGE 8lMTING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport reach, CA 92660
By 11:00 AM on the 111 day of November, 2023,
at which time such bids shall be opened and read for
Bonita Creek Community Center Improvements
Contract No. 9333-1
$629,000
Engineer's Estimate
Annroved by
Jaynes M.
ulihan
puty PW®/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
littp://vvww.plat-ietbids.coi-n/portal/poi-tal.cfm?CompanyiD=22078
Hard copy plans are available via
Santa Ana Blue Print at (949)756-1001
Located at 2372 Morse Avenue, Irvine, CA 92614
Contractor License Classification(s) required for this project: "B"
For further information, call Kyle Aube, Project Manager at (949) 644-3296
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
https://wvw.newportbeaclica.clov/governmeiiUdata-hub/online-services/bids-rfps-vendor-
registration
City of Newport Beach
BONITA CREEK COMMUNITY CENTER IMPROVEMENTS
Contract No. 9333-1
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS......................................................................................3
BIDDER'S BOND............................................................................................................ 6
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15
ACKNOWLEDGEMENT OF ADDENDA.......................................................................18
INFORMATION REQUIRED OF BIDDER.....................................................................19
NOTICE TO SUCCESSFUL BIDDER........................................................................... 21
CONTRACT.................................................................................................................. 22
LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A
FAITHFUL PERFORMANCE BOND........................................................... Exhibit B
INSURANCE REQUIREMENTS.................................................................Exhibit C
PROPOSAL.............................................................................................................. PR-1
SPECIALPROVISIONS............................................................................................ SP-1
E
City of Newport Beach
BONITA CREEK COMMUNITY CENTER IMPROVEMENTS
Contract No. 9333-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.)
The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on
the outside of the envelope containing the documents.
4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
3
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
7. In accordance with the California Labor Code (Sections 1770 of seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the worm 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.
Adl parties to the contract shall be governed by all provisions of the California Labor Code —
inct'udtng, 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
fhie Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Cote, "Subletting and Subcontracting Fair Practices Act'.
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
0
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204,
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been reviewed
944088 B- GENERAL BUILDING CONTRACTOR PRESIDENT
Contractor's License No. & Classification Authorized I
natureTf itle
1000002054
DIR Registration Number & Expiration Date
R DEPENDABLE CONST INC
5
06/30/2024
Date
CK, of Newport Beach
BONITA CREEK COMMUNITY CENTER IMPROVEMENTS
Contract No. 9333-1
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 Amount of Bid
Dollars ($ 10% ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of Bonita
Creek Community Center Improvements, Contract No. 9333-1 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 obiigotions
under this Bond.
Witness our hands this 26th day of October 2023.
R Dependable Const Inc
Name of Contractor (Principal)
The Ohio Casualty Insurance Company
Name of Surety
790 The City Drive, Suite 200 Orange, CA 92868
Address of Surety
951-553-7400- Agent
949-316-1806- Surety
Telephone
Authorize a re/Title Rosemary Padilla, President
Authori d Agent Signature
Ashley N. Baker, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
6
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SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except In the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8208023-987721
KNOWN All PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company Is a corporation duly organized
under the laws of the Stale of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ashley N.
Baker, Karen A. Eby, Kyle T. Baker Timothy C Balcer
all of the city of muff ieta state of CA each individually if there be more than one named, its true and lawful attorney -In -fact to make,
execute, seal, acknowledge and de liver, for and on Its behalf as surety and as Its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly sighed by the president and attested by the secretary of the Companies in thalr own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or of clal of the Companies and the corporate seals of the Companies have been affixed
thereto this 11 th day of May 2022
Liberty Mutual Insurance Company
11va(, N 11i The Ohio Casualty Insurance Company
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c West American Insurance Company
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r`a Stele of PENNSYLVANIA David M. Carey, Assistant Secretary
& County of MONTGOMERY IRS
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On (his 11th day of_ May , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by slgning on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
R PAS*
roE commonwealth of Pennsylvania- Notary seal
xW a -% C* Teresa Peatella, Notary Putallo
aF Montgomery County
My commission expiraa March 23, 2026 By:
Commission number iIA 44
Member, Pennsylvania Association or Netarias Teresa Pastella, Notary Public
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This Power of Attorney is made and executed pursuant to and by authority of the fallowing By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV- OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such adomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -In -fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
Instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -In -fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority,
ARTICLE XiII - Execution of Contracts: Section 5. Surety Bonds and Undertakings,
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shell appoint such attorneys -In -fact, as may be necessary .to act in behalf of the Company to make, execute, seal, acknowledge and dettver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the
Company by their slgnalure and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, AssistantSecratary to appoint such attornsys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizancei and other surely
obligations,
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company In connection with surely bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
t, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby Certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26th day of October 2023 .
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County Of Riverside } ss,
On 26th October 2023 before me, K. A. Eby
Notary Public, personally appeared Ashley N. Baker, Attorney -In -Fact
who proved to me on the basis of satisfactory evidence to be the person(r,) whose name(s) is/Nye
subscribed to the within instrument and acknowledged to me that hw/shekwy executed the same
in his/hefteir authorized capacity( s), and that by Ms/herAMir signatures(t) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hakndialseal. IC A. i �V
comm. #;wan9s
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•NtVEnsjr&'1;gUNTq
-- SKoam.RnprmaSKafsfut►m y uia'
Sign re-`' (seal)
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(les) claimed by Signer(s):
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
_ Other:
Other Information:
7
Thumbprint of Signer
71
Check here if
no thumbprint
or fingerprint
is available.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of SS.
On 2,(D+�. 20 23 before
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 han official seal.
Sig ature
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
DAMARIS ABIGAIL LARA RAMOS
;. COMM. #2448473
NOTARY -CALIFO
SAN BERNARIDINO COUNTYIA
My Comm. Expires May 30, ?0227
(seal)
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
10
(seal)
City of Newport Beach
BONITA CREEK COMMUNITY CENTER IMPROVEMENTS
Contract No. 9333-1
DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT
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.
0
R DEPENDABLE CONST INC / RESIDENT
Bidder Authorized Sig ture/Title
9
City of Newport Beach
BONITA CREEK COMMUNITY CENTER IMPROVEMENTS
Contract No. 9333-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name R DEPENDABLE CONST INC
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $150,000, provide the following information:
No. 1
Project Name/Number GLENDALE PACIFIC CLINICS HEAD START / MODULAR BUILDING PROJECT
GENERAL CONSTRUCTION,New Concrete Flat Work/Utilities plumbing work/Landscaping 6 IrrigigatioN
work/New Gates/New Fencing/New Handrails/New Signage/ Furnish Temporary Fencing w/Privacy Screens
Project Description for Duration of Project - Furnish New Fire Extinguishers - Other General Conditions
Approximate Construction Dates: From 12/15/2022 To: 11/30/2023
Agency Name
PACIFIC CLINICS HEAD START @ GLENDALE COMMUNITY COLLEGE
DAVID BALIAN
Contact Person KEN JOYNER
(213)712-1530
Telephone (626}701-4769
Original Contract Amount $740, 000.00Final Contract Amount $ 740, 000.00
If finall amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
NO
No. 2
Project Name/Number
Project Description
ROSEMEAD DOG PARK AT GARVEY PARK
NEW CONSTRUCTION, CONCRETE, SHADE STRUCTURES, SITE WORK
Approximate Construction Dates: From 08/16/2022
Agency Name
City Of Rosemead
To: 12/19/2022
Contact Person Daniel Nguyen Telephone (626) 569-2117
Original Contract Amount $640, 00e.00Final Contract Amount $ 640, 008 . 00
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. 3
Project Name/Number WALMERADO PARK RESTROOM IMPROVEMENTS
Project Description
RENOVATION/REMODEL
Approximate Construction Dates: From 8/11/2022 To: 01/11/2023
Agency Name CITY OF WEST COVINA
Contact Person Keith Wyatt, Project Manager Telephone (626) 677-7399
Original Contract Amount $248, 000.00Final Contract Amount $ 248, 000.00
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
11
No. 4
Project Name/Number
CITY COUNCIL CHAMBERS RENOVATION PROJECT NO. 765-19
DEMOLITION OF THE EXISTING FINISHES AND RESTROOMS, REPLACEMENT OF ALL FINISHES,
FULL RESTROOM RENOVATIONS AND UPGRADES OF EXISTING IMPROVEMENTS TO COMPLY WITH CURRENT
Project Description ADA STANDARDTS (ACCESS DOOORS, RAMP, HANDRAILS, A14D PATHS OF TRAVEL)
Approximate Construction Dates: From 11/18/2021 To: 3/11/2022
Agency Name
CITY OF PALM DESERT DEPARTMENT OF PUBLIC WORKS
Contact Person AUDREY NICKERSON
O 760 346-0611
Telephone (760) 776-6444
Original Contract Amount $ 925, 000.0 Final Contract Amount $ 925, 000 . 00
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 DHS - Gym Floor Replacement
Project Description RENOVATION/REMODEL
Approximate Construction Dates: From 04/11/2022 To: 10/08/2022
Agency Name Palm Springs Unified School District
760 883-2710
Contact Person Rodriguez, Nathaniel Telephone (760) 534-5559 - MOBILE
Original Contract Amount $L,o4H,000.00Final Contract Amount $ 1, 048, 000.00
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
106
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No. 6
Project Name/Number 15710-15718 RAUSCH ROAD BUILDING AND SITE IMPROVEMENTS
Project Description RENOVATION/REMODEL/TENNENT IMPROVEMENTS
Approximate Construction Dates: From 01/09/2023
To: 08/09/2023
Agency Name CITY OF INDUSTRY
GERRY CELLPHONE 626-945-0527
Contact Person Gerry Perez, PE Telephone (626).333.0336 1 D: 626.956.8034
Original Contract Amount $1,763,780.ofinal Contract Amount $ $2, 181, 788.58
If final amount is different from original, please explain (change orders, extra work, etc.)
Change orders & extra work.
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.
R DEPENDABLE CONST INC /PRESIDENT
11_� PoIr
Bidder Authorized Sign t re/Title
13
City of Newport Beach
BONITA CREEK COMMUNITY CENTER IMPROVEMENTS
Contract No. 9333-1
NON -COLLUSION AFFIDAVIT
State of California )
) ss.
County of SAN BERNARDINO )
ROSEMARY PADILLA being first duly sworn deposes and says that he or she is
of R DEPENDABLE CONST INC, the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of the State of California that the forggoinMislItrue and correct.
ROSEMARY PADILLA
Bidder Authorized Signature itl
Subscribed and sworn to (or affirmed) before me on this day of , 2023
by , proved to me on the basis of
satisfactory evidence to be the person(s) 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.
PLEASE SEE ATTACHMENT
[SEAL]
14
Notary Public
My Commission Expires:
CALIFORNIA
JURAT CERTIFICATE
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
county of San Bernardino
Subscribed and sworn to (or affirmed) before me on this 30 day of October
2023 by Rosemary Padilla
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
DAMARIS ABIG4IL LARA RAMOS
C4MM, # 2448473
WITNESS MY HAN ND OFFICIAL SEAL. NOTARY PUBLIC • CALiFORNIA
S�N BERNAROINO COUNTY
My 9Onlm. Fat Irns Ma 0,29
, 20Z7
Signature of 4mary Public (Notary Seal)
OPTIONAL INFORMATION
The jurat contained within this document is in accordance with California Into. Any affdat,it subscribed and sroorn to before a notary shall use
the preceding roording or substautinlly sinnilar• toording pureuan t to Citpit Code sections 1189 and 8202. A fur•at centyicale carutot be affited
to a cocument sent by wail or othenrise delivered to a notay+ public. including electronic means, whereby the signer did not
personally appear before the notary public. even if the signer is known by the notary public. The seal and signature cannot be
afsecl to a document without the correct notarial wording. As an additional option an af)`iant can produce an affidavit on the
same docnnnent as the notarial certificate wording to eliminate the use of additional documentation.
DESCRIPTION OF ATTACHED DOCUMENT
NON -COLLUSION AFFIDAVIT
(Title of document)
Number of Pages (Including jurat)
Document Date
(Additional Information)
MiNIX V. BAN'-'.) 10AU9, 1-334 wwwMayAreallotary.com
CAPACITY CLAIMED BY THE SIGNER
Individual
Corporate Officer
Partner
Attorney -in -Fact
_ Trustee
other:
City of Newport Beach
BONITA CREEK COMMUNITY CENTER IMPROVEMENTS
Contract No. 9333-1
DESIGNATION OF SURETIES
Bidder's name R DEPENDABLE CONST INC
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
THE OHIO CASUALTY INSURANCE COMPANY - SURETY
790 THE CITY DRIVE, SUITE 200 ORANGE, CA 92868
949-316-1806 -SURETY 951-553-7400 -AGENT
PERFORMANCE, PAYMENT, & BID BONDS
DIAMOND VALLEY INSURANCE COMPANY - BROKER
41856 IVY # 108 MURRIETA, CA 92562
951-252-9036 - 951-553-7400 Office FAX 909-510-4545
PERFORMANCE, PAYMENT, & BID BONDS
15
City of Newport Beach
BONITA CREEK COMMUNITY CENTER IMPROVEMENTS
Contract No. 9333-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name R DEPENDABLE CONST INC
Record Last Five (5) Full Years
Current Year of Record
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2022
2021
2020
2019
2018
Total
2023
No. of contracts
26
31
21
25
21
23
147
Total dollar
Amount of
Contracts (in
$6. 363, 361, 83
$4, 688, 687.00
$5, 403, 814.00
$4, 214, 332. 00
$5, 433, 441.00
$4, 452, 610.00
$30, 556, 245. 03
Thousands of $
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
0
0
0
0
0
0
0
No. of lost
workday cases
involving
permanent
0
0
0
0
0
0
0
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder R DEPENDABLE CONST INC
Business Address: 1019 W. 3RD ST. SAN BERNARDINO, CA 92410
Business Tel. No.: (909) 381-2310
State Contractor's License No. and
Classification: 944088 B- GENERAL BUILDING CONTRACTOR
Title PRESIDENT
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 11/08/2023
Title PRESIDENT
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. i
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Bernardino
OIL Oct 30, 2023 before me, Damaris Abigail Lara Ramos, Notary Public
(Here insert name and title of the officer)
personally appeared Rosemary Padilla
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WI S my han official seal. DAMARIS ABIGAIL LARA RAMOS
COMM. #2448473 9
NOTARY PUBLIC -CALIFORNIA r`n
(Notary Seal) Y SAN BERNARDINO COUNTY
Signature of Notary Public y My Comm, Expires May 30, 2027
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
CONTRACTOR'S INDUSTRIAL SAFETY
(Title or description of attached document)
RECORD TO ACCOMPANY PROPOSAL
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Atty acknowledgment completed in California must contain verbiage exaclly as
appears above in the notary section or a separate acknowledgment form nmst be
properly completed and affached to that document. The only exception is if a
doctoaent is to be recorded outside of California. in such instances, an alternative
acknowledgment verbiage as maty be printed on such a document so long as the
verbiage does not require the notarp to do something than is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully far proper notarial wording and attach this farm if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/shelt#ey- is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type or attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com
City of Newport Beach
BONITA CREEK COMMUNITY CENTER IMPROVEMENTS
Contract No. 9333-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name R DEPENDABLE CONST INC
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Signature
1 10/23/2023
2 11/06/2021
in
City of Newport Beach
BONITA CREEK COMMUNITY CENTER IMPROVEMENTS
Contract No. 9333-1
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: R DEPENDABLE CONST INC
Business Address:1019 W. 3RD ST. SAN BERNARDINO, CA 92410
Telephone and Fax Number:
(909)381-2310 - FAX (909)453-0429
California State Contractor's License No. and Class: 944088 B - GENERAL BUILDING CONTRACTOR
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 03/04/2010 Expiration Date: 03/31/2024
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
JOHNNY RUIZ/PROJECT MANAGER
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
ROSEMARY PADILLA/PRESIDENT
1019 W. 3RD ST. SAN BERNARDINO, CA 92410
(909)381-2310
Corporation organized under the laws of the State of CALIFORNIA
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
N/A
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
N/A
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
N/A
Briefly summarize the parties' claims and defenses;
N/A
Have you ever had a contract terminated by the owner/agency? If so, explain.
NO
Have you ever failed to complete a project? If so, explain.
NO
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor com liance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes / NN
20
Are any claims or actions unresolved or outstanding? Yes / No
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive.
R DEPENDABLE CONST INC
Bidder
ROSEMARY PADILLA
(Print name of Owner or President
of Corporation/ mpany)
T1nZA&AA,u i �04. \ /PRESIDENT
Authorized Sigpliture/Title
PRESIDENT
Title
11/08/2023
Date
On before me, , Notary Public, personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
T'cGSG SG_ (SEAL)
Notary Public in and for said State
My Commission Expires:
21
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Bernardino
On Oct 30, 2023
before rne, Damaris Abigail Lara Ramos, Notary Public
(Here insert name and title of the officer)
personally appeared Rosemary P
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY Linder the laws of the State of California that the foregoing paragraph
is true and correct.
WITN S my han official seal. Wv NMI !S� jiM:NTY
ra .
NOTARY PUBOR
(Notary Seal) SAN BERIA
Signature otary Public My Comm. E, 2(127
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
INFORMATION REQUIRED OF BIDDER
(Title or description or attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknorletgnrent completed in California nu(s, contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form nurst be
properly completed and attached to that docrunett. The only exception is if a
document is to be recorded onside of California. In such instances, any alternative
acknowledgment verbiage as ntgv be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal fur• a notary in
CaliJurrrtn (i.e. certifying the authorized capacity of the signer). Please check the
doctanent carefully for proper notarial rwording and attach Nris fen•m if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
4e/she4ey- is /ere ) or circling the correct fortes. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must snatch the signature on rile with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-873-98G5 www.NotarvClasses.cont
City of Newport Beach
BONITA CREEK COMMUNITY CENTER IMPROVEMENTS
Contract No. 9333-1
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 Ratinq 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
City of Newport Beach
BONITA CREEK COMMUNITY CENTER IMPROVEMENTS
Contract No. 9333-1
SAMPLE CITY
CONTRACT
23
City of Newport Beach
BONITA CREEK COMMUNITY CENTER IMPROVEMENTS
Contract No. 9333-1
ITt�••
(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. 9333-1 in accordance with
the Plans and Special Provisions, and will take in full payment therefore the following unit
prices for the work, complete in place, to wit:
11/08/2023
Date
(909)381-2310 - FAX (909)453-0429
Bidder's Telephone and Fax Numbers
944088 B- GENERAL BUILDING CONTRACTOR
Bidder's License No(s).
and Classification(s)
1000002054
DIR Registration Number
R DEPENDABLE CONST INC
Bidder 1
PRESIDENT
Bidder's Aut rized Signature and Title
1019 W. 3RD ST. SAN BERNARDINO, CA 92410
Bidder's Address
Bidder's email address: estimating@rdpconstinc.com
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. I
Bonita Creek Community Center Improvements
CONTRACT NO. 9333-2
DATE: �� 23 2+�2-°j BY
//4
Public Works Director/City Engineer
TO: ALL PLANHOLDERS AND BIDDERS
The following changes, additions, deletions, or clarifications shall be made to the contract
documents — all other conditions shall remain the same.
A. NOTICE INVITING BIDS
Pre -bid meeting: Non -Mandatory pre -bid meeting is scheduled for Wednesday, October
25, 2023 at 2:00 PM.
Q&A deadline date: CHANGE the Q&A deadline date to the Wednesday, November 1, 2023
at 3:00 PM.
Bid opening date: CHANGE the bid opening date to the Wednesday, November 8, 2023 at
10:00 AM.
B. ARCHITECT'S PROJECT MANUAL
a. Revise Specification 08 71 00 — Door Hardware
i. Revised door hardware set for Door 101 B
C. REQUEST FOR INFORMATION
All Requests for Information shall be submitted by Wednesday, November 1, 2023, at
3:00 PM.
Q1: Toilets — existing toilets are floor mounted. Plumbing fixture schedule is calling out
new wall hung toilets with carriers. Please advise if the scope of work is to change toilets
to wall hung or provide new toilet floor mounted spec.
Al: Yes, new water closets are to be wall mounted as shown in the plans.
Bidders must sign this Addendum No. 1 and attach it to the bid proposal. A bid may
be deemed unresponsive unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
ROSEMARY PADILLA
Bidder's Name (Please Print)
11/08/2023
Date 42j1&.,
/PRESIDENT
Authorized Sig a ure & Title
Attachments:
1. Revised Specification 08 71 00 — Door Hardware
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
`.:_... \ate^.�•:...r_..
ADDENDUM NO.
Bonita Creek Community Center Improvements
CONTRACT
DATE: yf� BY:
Deputy Publ
rem",.
9333-
director/City Engineer
TO: ALL PLANHOLDERS AND BIDDERS
The following changes, additions, deletions, or clarifications shall be made to the contract
documents — all other conditions shall remain the same.
A. NOTICE INVITING BIDS
Bid opening date: CHANGE the bid opening date and time to the Wednesday, November Is,
2023 at 2:00 PIVI.
B. PLANS
a. Revise Drawing E0.1 — Electrical Symbols and Abbreviations
L Revised Tel/Data System Scope Notes
b. Revise Drawing A2.1 -- Demo Floor Plan
i. Revised Demo Scope in Lobby
uaerslpbw•sbaradcontrscls'fy23.2r1;urren@Ip0_lad111ias1fmmp1bonite CreO cc rehab 23f0ZL*M nu 2 8333.dcc<
c. Revise Drawing A5.2 — Enlarged Plan and Interior Elevations
i. Revised Detail D1
d. Revise Drawing A6.1 — Room Finish, Finish, and Door Schedules
i. Revised Finish Schedule
C. ARCHITECT'S PROJECT MANUAL
a. Revise Specification 00 00 00 — Table of Contents
i. Table of contents updated to include Section 12 24 13
b. Add Specification 12 24 13 — Roller Window Shades
D. REQUEST FOR INFORMATION
Q1: As per Drawing No. A2.4 Construction Note: 710, new Roll Down Shades are to be
provided at Meeting Room. Upon checking there is no specifications
(Brand/Manufacturer/Model) provided. Please provide Technical Specifications for Roll
Down Shades.
Al: Specification Section 12 24 13 has been added to the Architect's Project
Manual for roller window shades. The table of contents of the Architect's Project Manual
has also been updated to include this section.
Q2: Some doors at demo sheet shows to remain/modify, but the door schedule shows to
provide new doors. Please clarify which door is to replace and which doors to remain and
modify.
A2: On the door schedule sheet A6.1, all doors noted with `E' are existing doors to
remain in place. These doors are included in the door schedule as they are noted to be
painted. Refer to the door remarks and associated door notes.
Entry storefront door 101A to be removed/modified for new hardware. Refer to door
schedule remarks and door hardware spec for hardware requirements. Door 111A to be
removed and replaced. Refer to door schedule remarks and door hardware spec for
hardware requirements.
Refer to demo and new plan for all other door requirements and reference door
schedule remarks and hardware specifications.
Q3: The demo sheet shows the existing floor tiles to remove and to replace in entry
hallway. Please clarify since the existing tiles are in perfect condition.
A3: Existing floor tiles in lobby to remain in place. See revised floor plan and finish
schedule.
i luserslpbw%,hnred\contracts\tYd3-24 rurrent1100_faclliliesifmnip�bonitn creek cc rehab 23tMbid does\addendum 42lnddendum no. 2 9333.doex
Q4: The demo sheet shows the existing facia remove and replace (typ) for all facia. Please
clarify if the facia is to be replaced only at flat roof area, since the facia at upper (sloped
tiled roof) roof area visually looks in perfect condition.
A4: Replace only at flat roof area.
Q5: The addendum #1 clarified the water closet installed in the wall. Please clarify the
magnitude of work for the waste line below ground. Either way the wall and floor tiles and
concrete needs to be removed, to access the pipe below ground.
A5: Minimize the extent of demo required. The new water closets are wall hung,
so demo work below slab should be minimal,
Q6. The electrical plans show new outlets and devices installed in new walls. Please
clarify if new installed conduit is exposed of concealed in drywall covered walls and
exposed on block (CMU) walls. Demo/repair drywall for new conduit work?
A6: Most electrical devices and light fixtures are replaced in the same location.
These devices would use the existing raceways. Additional devices and light fixtures noted
on the plans will need new raceways. Surface mounted raceways will be used on CMU
wall. Accessible ceiling can be used as well.
Q7: What is the required scope for the fire alarm? What is the brand of the fire alarm
panel?
A7: There is no fire alarm panel work called out in the plans.
Q8: Kindly advise for the automatic door required scope of work?
A8: Refer the door hardware specifications and door schedule remarks for each
door.
Q9: Where are the two Telecom cabinets called out on drawing E0.1 under Tel/Data scope
notes to be installed in the building?
A9: No telecom cabinets are to be installed on this project. Please disregard items
2-4 on E0. 1 Tel/Data scope notes.
Q10: Are there existing Tel/Data cables that need to be moved into the new telecom
cabinets or will they remain in their current terminated location?
A10: No telecom cabinets are to be installed for this project. Please disregard
items 2-4 on E0.1 Tel/Data scope notes. Existing telecom cables do not need to be
modified. New telecom cables to be connected to existing patch panel.
Q11: Can we submit copy of the bid bond via PlanetBids together with the bid documents,
then provide original after bid closing?
A11: No, an electronic copy of the bid shall be submitted on PlanetBids AND an
original physical bid bond shall delivered to the City Clerk's Office prior to the bid opening
c\usprslpbwlshareJ\ronlracls�fy23-2.7 curren4100 Jacilibes\hnmplbonda creek cc rehah 23lU2\bid docs\Mdendum 10addendum no. 2 9333.rincz
in a sealed envelope with the title of the project, Contract Number, and the words "Sealed
Bid" clearly marked on the outside of the envelope containing the documents.
Bidders must sign this Addendum No. 2 and attach it to the bid proposal. A bid may
be deemed unresponsive unless this signed Addendum No. 2 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
R DEPENDABLE CONST INC
Bidder's Name (Please Print)
11/08/2023
Date
PRESIDENT
Authorized Sin ure & Title
Attachments:
1. Revised Drawings
2. Revised and Added Specification Sections 00 00 00 and 12 24 13
3. Photos of Existing Roof
City of Newport Beach
Bonita Creek Community Center Improvements (9333-1), bidding on 11I15I2023 2 00 PM (PST)
Page 1 of 74
Printed 11/16/2023
Project Title Bonita Creek Community Center Improvements
Invitation # 9333-1
Bid Posting Date 10/11/2023 5:26 PM (PST)
Project Stage Closed
Bid Due Date 11/15/2023 2:00 PM (PST)
Response Format Electronic only
Link to Project https:#pbsystem.planetbids.com/portal/22078/bo/bo-detail/l 10675
Reference ID
Project Type
Bid
Response Types
Line Items
Subcontractor
Bid Bond
General Attachment (required)
Bid Bond (required)
Type of Award
Lump Sum
Categories
90900 - Building Construction Services, New (Incl. Maintenance And Repair Services)
90922 - Building Construction, Non -Residential (Office Bldg., Etc.)
91000- Building Maintenance, Installation And Repair Services
License Requirements
B
Restriction None
Restricted To
Department Public Works
Address 100 Civic Center Drive
Newport Beach, California
92660
County Orange
Bid Valid
Liquidated Damages
$1,000 per day
Engineer's Estimate
$629,000.00
Estimated Bid Value
$629,000
Start/Delivery Date
Project Duration
75 consecutive working days
Prevailing Wage
Yes
Cooperative Bid
No
Piggy-backable
No
eBid Notes
Contractors Shall fully execute the following documents and upload them to PlanetBids as part of their Bid
submittal. Your file name should be formatted as follows: 'BID SUBMITTAL C-XXXX Contractor Name".
Instructions to Bidders
Technical Ability and Experience References
Non -Collusion Affidavit
Designation of Sureties
Contractor's Industrial Safety Record
Acknowledgement of Addenda (This shall be executed and uploaded in addition to acknowledgement via
PlanetBids)
Information Required of Bidder
Proposal Acknowledgement
Other Files:
Designation of Subcontractors (this shall be executed and uploaded in addition to listing subcontractors on
PlanetBids.)
Bidder's Bond (to be submitted as a separate attachment AND original mailed to the City prior to bid opening.)
Please note that all bidders must submit a hard copy of their bidder's bond prior to the Bid Opening. Failure to
execute and upload all required documents may result in the bid being deemed incomplete.
PlanetBids
City of Newport Beach
Bonita Creek Community Center Improvements (9333-1), bidding on 11/15/2023 2:00 PM tPST)
Page 2 of 74
Printed 11115/2023
Bid Bond 10%
Payment Bond 100%
Performance Bond 100%
Pre -Bid Meeting Information
Pre -Bid Meeting Yes
Pre -Bid Meeting Date 10/25/2023 2:00 PM (PST)
Pre -Bid Meeting 3010 La Vida, Newport Beach, CA 92663 at the community center
Location
Online Q&A
Online Q&A Yes
Q&A Deadline 11/01/2023 3:00 PM (PST)
Contact Information
Contact Info Public Works Admin 949-644-3296
kaube@)newportbeachca.gov
Bids to
Owner's Agent
Description
Scope of Services The work necessary for the completion of this contract consists of obtaining City building permits, replacement
of various doors, concrete work, adding automatic door openers, upgrading interior finishes and fixtures,
painting, installing new LED light fixtures and controls, IT installations, and replacing the existing built up roof
and fascias.
Other Details Department of Industrial Relations (DIR) Noticing:
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)].
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.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Notes ORIGINAL COPIES OF BIDDERS BONDS MUST BE SUBMITTED TO THE CITY CLERK PRIOR TO BID OPENING
DATE. All responses for this Bid are due at or before the time shown on each Notice Inviting Bids. Late
responses will not be accepted. Hard copy responses WILL NOT be accepted. The City is not responsible for and
accepts no liability in the event a response is late due to any network, internet, or any other technical problem or
interruption. Electronic PDF files of the plans, specifications and bid documents are available. The City is not
responsible for any errors that may occur from the printing of any of these documents by bidders, including, but
not limited to: scaling issues, print quality, failure to print and submission -of -all required documents. 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 the reading may go to the City Clerk's Office (Located at 100
Civic Center Dr, Newport Beach, CA 92660)
Special Notices
PlanetBids
City of Newport Beach
Bonita Creek Community Center Improvements (9333-1), bidding on 11/15/2023 2:00 PM (PST)
Page 3 of 74
Printed 11/16/2023
Local Programs &
Policies
Documents
File Title
C-9333-1_Master Formal Contract
C-9333-1_Sample Contract
C-9333-1_Special Provisions
C-9333-1 _Plans
C-9333-1 -Architect Technical Specs
Addendum No. 1
Addendum No. 2
Download Cost $0.00
File Name
CIP MASTER FORMAL CONTRACT 9333-1.pdf
Public Works Formal-Sample.pdf
C-9333-1_Special Provisions.pdf
C-9333 Plans.pdf
ARCHITECT TECHNICAL SPECS.pdf
ADDENDUM NO. 1_9333.pdf
ADDENDUM NO.2_9333.pdf
Status
On Server
On Server
On Server
On Server
On Server
On Server
On Server
PlanetBids
City of Newport Beach
Bonita Creek Community Center Improvements (9333-1), bidding on 11If 5/2023 2:00 PM (PST)
Page 4 of 74
Printed 11/16/2023
Line Items
Item # Item Code Section Type Description UOM Qty Reference Unit Price
1 Section 1 Construct Bonita Creek Community Center Renovation LS 1
2 Section 1 Temporary Restroom Service LS 1
3 Section 1 As-Builts LS 1 Fixed $1,000.00
PlanetBids
City of Newport Beach
Bonita Creek Community Center Improvements (9333-1), bidding on 11/15/2023 2:00 PM (PST)
Page 5 of 74
Printed 11/1612023
Addenda
Oct 24, 2023 No. 1 Addendum Num . 1
Please see attached addendum to see changes to notice inviting bids, architect's project manual, and request for information.
ADDENDUM NO.1_9333.pdf
Nov 06, 2023 2 Addendum Num. 2
Addendum Num. 2
ADDENDUM NO. 2_9333.pdf
PlanetBids
City of Newpell Beach Page E of 74
Bonita Creek Community Center Improvements (9333-1), bidding on 11/15/2023 2:00 PM (PST) Frinted 11116/2023
Bid Results
Bidder Details
Vendor Name
U.S. Builders & Consultants Inc.
Address
126 Desert Lotus
Irvine, California 92618
United States
Respondee
Tamer Awad
Respondee Title
Vice President
Phone
714-317-8402
Email
Tamer@us-builders.com
Vendor Type
License #
CADIR
Bid Detail
Bid Format
Electronic
Submitted
11/15/2023 1:03 PM (PST)
Delivery Method
Bid Responsive
Bid Status
Submitted
Confirmation #
353590
Respondee Comment
Buyer Comment
Attachments
File Title File Name File Type
Bidding Documents Signed and Scanned.pdf Bidding Documents Signed and Scanned.pdf General Attachment
Bid Bond Signed and Scanned.pdf Bid Bond Signed and Scanned.pdf Bid Bond
Bid Bond Signed and Scanned.pdf Bid Bond Signed and Scanned.pdf Bid Bond
PlanetBids
BONITA CREEK COMMUNITY CENTER IMPROVEMENTS
CONTRACT NO. 9333-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd day
of January, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and R Dependable Const Inc., a
California corporation ("Contractor"), whose address is 1019 W 3rd Street, Suite B, San
Bernardino, California 92410, 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 obtaining City building
permits, replacement of various doors, concrete work, adding automatic door
openers, upgrading interior finishes and fixtures, painting, installing new LED light
fixtures and controls, IT installations, and replacing the existing built up roof and
fascias (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. 9333-1, 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 Four Hundred Eighty Nine Thousand Eight Hundred Sixty
Dollars and 00/100 ($489,860.00).
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 Evelin Garay 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
R Dependable Const Inc. 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: R Dependable Const Inc.
R Dependable Const Inc.
1019 W 3rd St Suite B
San Bernardino, CA 92410
R Dependable Const Inc. Page 3
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit B and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
R Dependable Const Inc. Page 4
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract or for other periods as specified in the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
Control means fifty percent (50%) or more of the voting power or twenty-five percent
(25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Contract shall be paid to all workmen employed on the
Work to be done according to the Contract by the Contractor and any subcontractor. 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. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations, and the parties agree that the City shall not be liable for any violation thereof.
16.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply
and the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem
wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport
Beach, California 92660, and are available to any interested party on request.
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
R Dependable Const Inc. Page 5
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of the
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
R Dependable Const Inc. Page 6
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
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.
R Dependable Const Inc. Page 7
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Contractor has not been previously paid.
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.
R Dependable Const Inc. Page 8
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
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]
R Dependable Const Inc. Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: A at
Mron C. Harp 2/�s�2y we
Ci y Attorney
ATTEST:
Date:
go
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Will O'Neill
Mayor
CONTRACTOR: R Dependable Const
Inc., a California corporation
Date:
By:
Rosemary R Padilla
Chief Executive Officer / Chief Financial
Officer / Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
R Dependable Const Inc. Page 10
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: ,=,1,�� �(
By: at
ron C. Harp
Ci y Attorney
ATTEST:
Date: a�.
Leilani CIJ�6wn
City _...
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: -3/�;IZ-41, z V
By:
Will O'Neill
Mayor
CONTRACTOR: R Dependable Const
Inc., a California corporation
Date: %-- / r-51- 2/-1
By:
_ -1f2
Rosemary R Padilla
Chief Executive Offic r Ychief Financial
Officer / Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C - Insurance Requirements
R Dependable Const Inc. Page 10
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO.18L006196
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to R
Dependable Const Inc. hereinafter designated as the "Principal," a contract for: the work
necessary for the completion of this contract consists of obtaining City building permits,
replacement of various doors, concrete work, adding automatic door openers, upgrading
interior finishes and fixtures, painting, installing new LED light fixtures and controls, IT
installations, and replacing the existing built up roof and fascias, in the City of Newport
Beach, in strict conformity with the Contract on file with the office of the City Clerk of the
City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
The Ohio Casualty Insurance Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four
Hundred Eighty Nine Thousand Eight Hundred Sixty Dollars ($489,860.00) 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 Califomia Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
R Dependable Const Inc. Page A-1
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 13th day of February , 20 24 .
R Dependable Const Inc
Name of Contractor (Principal)
The Ohio Casualty Insurance Company
Name of Surety
790 The City Drive, Suite 200
Orange, CA 92868
Address of Surety
951-553-7400- Agent
949-316-1806- Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: —
By: jj_-
7 J
Aaron C. Harp �')s
City Attorney
Authorized Signature/Title Rosemary P idiha, President
Authorized Agent�Signature
Ashley N. Baker, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
R Dependable Const Inc. Page A-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
Court of Riverside } ss.
On 1�h February , 20 24 before me, K.A. Eby
Notary Public, personally appeared Ashley N. Baker
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-&) 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 Isis/her/their signatures(e) on the instrument
the person(4), or the entity upon behalf of which the person(-&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. -+• n
:ir , K. A. EBY 4.
r� s -..w COMM. #233.3693 —+
WITNESS my hand official r " q. NOTANV PUBLIC CAUr-OnNIA
dl RIVERS]r. . COUNTY "J
/ Cam-6MPIns SkMOVIRIER'S' "7A
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 l } ,_
On ptir,, ;` �. , 20 ' �j 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 corfe--ct.DAMARIS ABIGAIL LARA RAMOS
WITNESS my�nd'a -o ioal seal.
Signature
COMM. #2448473
NOTARY PUBLIC - CALIFORNIA
SAN BERNARDINO COUNTY
R Dependable Const Inc. Page A-3
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty
Mutual®
SURETY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8208023-987721
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ashley N.
Baker, Karen A. Eby, Kyle T. Baker, Timothy C. Baker
all of the city of Murrieta state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this I I th day of May , 2022 .
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M State of PENNSYLVANIA
rn County of MONTGOMERY ss
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Liberty Mutual Insurance Company
\NSU.0 V,ZY INS& \NSU'D The Ohio Casualty Insurance Company
tiJp°1 0g4r9yn yJp°ofur—,ray �uP.oaPORa 9y� West American Insurance Company
1912 0 1919 1991
4 o a 44Z / l
V� ss4 CN115��.aL Z0 ,, V, a .da `ls �N°IANP .aa
, * )� dy1 * �� ''M * > By:
navid M Carey Assistant Serretary
On this I I th day of May 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written
Sp. PAST
Q14 �MON W,4 lP(
�tp !y y
OF
Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella, Notary Public
Montgomery County
My commission expires March 28, 2025
By:
.jr,Ngy�VP
Commission number 1126""
Teresa Pastella, Notary Public
`G
Ry�
Member, Pennsylvania Association of Notaries
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attomey, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 13th day of February , 2024 .
P� \NSU� POSY INS�j \NSU/�1.
�J ap1'PO�T ti5J u°aPO�>�Z �GP c°aP0 yn
3 °o n Q 3 Fo c� r °o to
1912 0 1919 2 1991ry�
y m o Q By:
dd sS4CHusda SD HAMPSa`aa �s �yMAO' da Renee C. Llewellyn, Assistant Secretary
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LMS-12873 LMIC OCIC WAIC Multi Co 02/21
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 18L006196
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ $12,736 , being at the
rate of $ $26.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to R
Dependable Const Inc. hereinafter designated as the "Principal," a contract for: the work
necessary for the completion of this contract consists of obtaining City building permits,
replacement of various doors, concrete work, adding automatic door openers, upgrading
interior finishes and fixtures, painting, installing new LED light fixtures and controls, IT
installations, and replacing the existing built up roof and fascias, in the City of Newport
Beach, in strict conformity with the Contract on file with the office of the City Clerk of the
City of Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and
The Ohio Casualty Insurance Company duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Four
Hundred Eighty Nine Thousand Eight Hundred Sixty Dollars ($489,860.00) 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.
R Dependable Const Inc. Page B-1
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 13th day of February 2024 .
R Dependable Const Inc
Name of Contractor (Principal)
The Ohio Casualty Insurance Company
Name of Surety
790 The City Drive, Suite 200
Orange, CA 92868
Address of Surety
951-553-7400- Agent
949-316-1806- Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: —
By: �� <a
Aaeon C. Harp 'ems
City Attorney aia$Iay
Authorized SignatUreMtle Rosemary Padilla, President
Authorized Ageit Signature
Ashley N. Baker, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
R Dependable Const Inc. Page B-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Riverside ) ss.
On 13th February , 2024 before me, K. A. Eby
Notary Public, personally appeared Ashley N. Baker ,
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 fie/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(&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. K. A. E:BY
can w r acw � COMM. #233,3693 C
.E NOTARY PUBLIC CALIFORNIA Cf>
f=I RIVERSIDE COUNTY -4
t�z
yCamm. E>+plrossE�IhM�KB lst :rox4doom ftw-daftw-r
Signature I ' (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 i,-k � -`•, -\ :, :,� �� c-,4 20 4-`-i before me, I�c.mc_,� . Po tc a, � l(-ct Qa wos
Notary Public, personally appeared P-14 �
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.
WIT ESE, my hand,.64 official seal.
'gnature
DAMARIS ABIGAIL LARA RAMOS
COMM. #2443473
- NOTARY PUBLIC - CALIFORNIA m
1 SAN B Expine NO COUNTY
My Comm. Expires M1ay 30, 2027
R Dependable Const Inc. Page B-3
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty
Mutual
SURETY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8208023-987721
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ashley N.
Baker, Karen A. Eby, Kyle T. Baker, Timothy C. Baker
all of the city of MUrrieta state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this I I th day of May , 2022 .
N
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s M State ofPENNSYLVANIA
1 rn County of MONTGOMERY
Liberty Mutual Insurance Company
P� 1NS(/� POSY INS&p d \NSUR, The Ohio Casualty Insurance Company
�J ooRPORgT yn roJ 60NPORgT 9y MVP p°0.POR4T y� West American Insurance Company
3 o Ct a: 3 Fo
1912 0 0 1919 1991 0 �1
9ss �'ry s' y Ziy " y�� Q 3 j l.Nlti
Jl ACHUS ,aa0 HAMPSa ,aa YS �N°IANP da r
By:
David M. Carey, Assistant Secretary
: On this I l th day of May , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
io Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
a therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
N Co
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day andyear first above written.
N
yP PAST
(L)
F
��`hwM �4!'�gCy
OF
Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella, Notary Public
Montgomery County
My commission expires March 28, 2025
By:
Commission number 1126044
Teresa Pastella, Notary Public
�.
�
Pugs
Member, Pennsylvania Association of Notaries
A
a3
This Power of Attorney
is made and executed pursuant to and by
authority of the following By-laws and
Authorizations of The Ohio Casualty Insurance
? •�
Insurance Company, and
West American Insurance Company which
resolutions are now in full force and effect reading as follows:
Company, Liberty Mutual
U ARTICLE IV — OFFICERS: Section 12. Power of Attorney.
o M Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
a L) President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
CU > C any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
o a) have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
Z L) instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this l3th day of February , 2024 .
\NSUR �ZY INS& \NSUR
J 3°°ar°r�roym Q 3°°VLaoRy� `VP`2°"aortyro?.�
1912 0 o: 1919 o a 1991
d�9ss4cHu5eraa y0 �`� $ By:
eh * �+yl AMP *�da �s�M °*"dads Renee C. Llewellyn, Assistant Secretary
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EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
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. 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, 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, volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary excess/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 two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate and four
million dollars ($4,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
R Dependable Const Inc. Page C-1
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 five million dollars ($5,000,000)
combined single limit for each accident.
D. Pollution Liability Insurance. Contractor shall maintain a policy providing
contractor's pollution liability ("CPL") coverage with a total limit of liability of
no less than five million dollars ($5,000,000) per loss and five million dollars
($5,000,000) in the aggregate per policy period. Claims -made policies
require a 10-year extended reporting period. The CPL policy shall include
coverage for cleanup costs, third -party bodily injury and property damage,
including loss of use of damaged property or of property that has not been
physically injured or destroyed, resulting from pollution conditions caused
by contracting operations. Coverage as required in this paragraph shall
apply to sudden and non -sudden pollution conditions resulting from the
escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals,
liquids, or gases, waste materials, or other irritants, contaminants, or
pollutants. The CPL shall also provide coverage for transportation and off -
Site disposal of materials. The policy shall not contain any provision or
exclusion (including any so-called "insured versus insured" exclusion or
"cross -liability" exclusion) the effect of which would be to prevent, bar, or
otherwise preclude any insured or additional insured under the policy from
making a claim which would otherwise be covered by such policy on the
grounds that the claim is brought by an insured or additional insured against
an insured or additional insured under the policy.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability
policies are used to meet the limits of liability required by this contract, then
said policies shall be "following form" of the underlying policy coverage,
terms, conditions, and provisions and shall meet all of the insurance
requirements stated in this contract, including, but not limited to, the
additional insured and primary & non-contributory insurance requirements
stated herein. No insurance policies maintained by the City, whether primary
or excess, and which also apply to a loss covered hereunder, shall be called
upon to contribute to a loss until the Contractor's primary and
excess/umbrella liability policies are exhausted.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
R Dependable Const Inc. Page C-2
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,
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 similarwritten 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/umbrella 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, 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,
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except
for nonpayment for which ten (10) calendar days' notice is required) for
each required coverage except Builders Risk Insurance, which shall
contain an endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and
other endorsements as specified herein for each coverage. All of the
executed documents referenced in this Contract must be returned to City
within ten (10) regular City business days afterthe 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
R Dependable Const Inc. Page C-3
(15) days prior to the expiration of any such policy, evidence of insurance
showing that such insurance coverage has been renewed or extended
shall be filed with the City. If such coverage is cancelled or reduced,
Contractor shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any
time during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Contractor, City and Contractor may
renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be 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.
R Dependable Const Inc. Page C-4
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.
R Dependable Const Inc. Page C-5
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