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HomeMy WebLinkAboutC-9333-1 - Bonita Creek Community Center Improvementsi r.(1 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 �' fL er J 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 %r 3. GpPPo y S ok �P oRPor�q (oy c West American Insurance Company 1919 rj�' 1991 0 +�+ r1lq?l rg �.A NANPg a' �� �NDUNP 1 . emu• os — r`a Stele of PENNSYLVANIA David M. Carey, Assistant Secretary & County of MONTGOMERY IRS U o; �m C Uj m a9) 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 '�pY Pu 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 . lx3U/ � ( MervXN 1NSti�a ��J�opPorWrFaypm �J�conPoirgf®'� ;�; ��pPoggy •y�, _ 1912 0 _ 1919 - 1'�91 �d o t A, d O By *P$��,d Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC 0010 WAIC Multi Co 112121 iU) 0 T_ m'm 40 oq �r � N �i om zOD `o6 a� tic — a� ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County Of 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 '� :. .'�n'l'i1!(�'VIJ81i�cdAl9WnMIA •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 12 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 . c (6 M State of PENNSYLVANIA rn County of MONTGOMERY ss U N oFu a`) > N -6 M 'rn M O 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 Y , O N N (M 0 CD m U 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 W m 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 O N C9 tV M c? 0 m m U LMS-12873 LMIC OCIC WAIC Multi Co 02/21 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 O d N Qf 'G N N O ; p Q � N �U N tlNf V y •C E q: w d s 6 U C m C ih O N m N V U7 m V C M C E co m of U N c d E a `o. C c E `m m � U tm U w N c C E � o c u. L G 7 t/5 o O } y � [� N C � U g ca C1 O 7 CD C Ch U rn C m O G a C 0 'n fj Z 6 zth j C � C U 0 - s u C U 7a. z to V Cil N 7 G3'4 N @CLO U Utn O O y 'C+ • O h M � U C ti U C v ' T C Q j c O N N N N Im N E N w E U a' a N R F— m m a > m of 6 all, o Z N_ 2 b r eyyC o a c aCi CL �. Q 5 rU -`��' T Q w o