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Home My WebLink AboutC-9497-1 - Harbor Department Acoustic Revisionso� CITY OF NEWPORT BEACH V NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 Before 2:00 PM on the 12th day of March, 2024, at which time such bids shall be opened and read for HARBOR DEPARTMENT ACOUSTIC REVISIONS Contract No. 9497-1 $30,000 Engineer's Estimate Approved by /James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 VOLUNTARY PRE -BID SITE WALK: A voluntary job walk will be conducted for this project on March 5th, 2024 at 2:00 p.m. at the site located at 1600 W Balboa Blvd Room No. 210, Newport Beach, CA 92663. 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 required for this project: "B" For further information, call Peter Tauscher, P.E., Project Manager at (949) 644-3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor- reqistration City of Newport Beach HARBOR DEPARTMENT ACOUSTIC REVISIONS Contract No. 9497-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 7 NON -COLLUSION AFFIDAVIT..................................................................... 11 DESIGNATION OF SURETIES...................................................................... 12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 13 ACKNOWLEDGEMENT OF ADDENDA.......................................................................15 INFORMATION REQUIRED OF BIDDER..................................................................... 16 NOTICE TO SUCCESSFUL BIDDER........................................................................... 19 CONTRACT.................................................................................................................. 20 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 2 CitV of Newport Beach HARBOR DEPARTMENT ACOUSTIC REVISIONS Contract No. 9497-1 INSTRUCTIONS TO BIDDERS 1. 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. 2. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 4. 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. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 3 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 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 rernaining 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. n The signature below represents that the above has been reviewe . t_icense It 1010827 / A, B, C 17, C33 / C1.. Contractor's License No. & Classification Authorized Signature/Title DIR # 1000043210 / 6/30/2025 3/7/2024 DIR Registration Number & Expiration Date Date Newbuild Construction and Restoration Inc Bidder 5 r-- City of Newport Beach HARBOR DEPARTMENT ACOUSTIC REVISIONS Contract No. 9497-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT State -law requites the listing ofall-subcontractors-wtio-will-per-form-work in an-amountin-&xees"f-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. Newbuild Construction and Restoration, Inc. Bidder 101 /CEO Authorized Signature/Title r City of Newport Beach HARBOR DEPARTMENT ACOUSTIC REVISIONS Contract No. 9497-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Newbuild Construction and Restoration, 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 $25,000, provide the following information: No. 1 Project Name/Number As Needed hence Maintenance at 17th & Bristol Vacant Lot Project Description Graffity removal and fence maintenance Approximate Construction Dates: From January 2024 To: January 2026 Agency Name Rancho Santiago Community Collette District Contact Person Joe Melcndez Telephone (71 4 480-7531 Original Contract Amount $ 82k Final Contract Amount $ On Going Proiect If final amount is different from original, please explain (change orders, extra work, etc.) Did you fife any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 7 No. 2 Project Name/Number Child Developement Center Path of Travel Project Project Description ADA concrete Job Approximate Construction Dates: From Feb. 2024 To: March 2024 Agency Name Rancho Santiago Community College District Contact Person Joe Melendez Telephone 014) 480-7531 Original Contract Amount $ 57.5k Final Contract Amount $ 57.5k 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. N/A No. 3 Project Name/Number 1.1 Segundo Middle School Window Rc.placcrnent Project Description Glazing and framing Approximate Construction Dates: From December 2023 To: January 2024 Agency Name El Segundo Unified School District Contact Person Stephany Chavez Telephone (714 351-0.539 Original Contract Amount $ 166k Final Contract Amount $ 156k If final amount is different from original, please explain (change orders, extra work, etc.) District took over the water nressurc,estino Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No ,:3 No. 4 Project Name/Number Walk of Champion Slab Leak at RSCCD Project Description ADA, Concrete Priect Approximate Construction Dates: From February 2023 To: February 2023 Agency Name Rancho Santiago Community College District Contact Person Chuck Wales Telephone 0143.628-4721 _ Original Contract Amount $ 13k Final Contract Amount $ 13k If final amount is different from original, please explain (change orders, extra work, etc.) No 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 Adam Ficnientary School Walkway Support Wacing Project Description Concrete and Metal Job. Approximate Construction Dates: From August 2023 To: August 2023 Agency Name Newport Mesa United School District Contact Person .Jonathan Gcislcr Telephone (714) 424-5063 Original Contract Amount $ 38k Final Contract Amount $ 38k If final amount is different from original, please explain (change orders, extra work, etc.) No 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 E No. 6 Project Name/Number Window Replacement at Ifarper Assessment Center Project Description Window Replacement Approximate Construction Dates: From July 2022 To: Ocotober 2022 Agency Name Newport Mcsa Unified School District Contact Person Jonathan GeisAer Telephone (714) 424-5063_ Original Contract Amount $ 132k Final Contract Amount $ 132k If final amount is different from original, please explain (change orders, extra work, etc.) No 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 Contra is current financial conditions. Newbuild Construction and Restoration, Inc. / CF0 Bidder Aut rized Signature/Title 10 City of Newport Beach HARBOR DEPARTMENT ACOUSTIC REVISIONS Contract No. 9497-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of _Orange _.) _._Maher Kutkut _-_ being first duly sworn, deposes and says that he or she is CF0 of NcvNb.ui.ld C:UJ�tructiui..uusl-li—wiu uli 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 Slate of C is foregoing is true and correct. Ne build Construction anddog RLstrirati,,n tn� -- / CI-0 Bidder Aut orized gnature/Title Subscribed and sworn to (or affirmed) before me on this__.4�—_day of March , 2024 by Maher Kutkut , 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. [SEAL] IENA.0HAS Notary Public; . caltfomla i 0" County lE COFMM#U10n k 2480569 ty Comm. Exmros Jan X. 2028 11 Lena Nahhas Notary Public My Commission Expires: .2q} City of Newport Beach HARBOR DEPARTMENT ACOUSTIC REVISIONS Contract No. 9497-1 DESIGNATION OF SURETIES Bidder's name NeWbUild Construction and Restoration, 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): Workers Comb, liability & Auto insurance Insurance Broker: Orr and Associates Narnc: Alan Goldman ; Phone /{ (951) 240-5640 Address: 28780 Single Oak Drive, Suite 255,Tcmccula CA 82590 Y Bimd Surety Broker: Artisan Bonding & Insurance Services, LLC Nance: Andrew Sysn ; Phone 1/ (949) 5 15-4194 Address: 30101 1111Iside Tcrracc San Juan Capistrano, CA 92867 12 P City of Newport Beach HARBOR DEPARTMENT ACOUSTIC REVISIONS Contract No. 9497-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Newbuild Construction and Restoration, Inc. Record Last Five (5) Full Years Current Year of Record Current ! Record r Record Year of for for Record 2023 2022 2024 No. of contracts Total dollar Amount of Contracts (in 144K 600K 1.002M Thousands of $) No. of fatalities 0 0 0 No. of lost Workday Cases 0 0 0 No. of lost workday cases involving permanent transfer to (� 0 1 0 another job or termination of employment _ he information required for these items is the sar iccupational Injuries, Summary --Occupational Inj Record Record i for for 2021 2020 Record for 2019 1 Total 24 39 29 140 • 4 943K 1.467M 1.245M 5,401 M 0 0 0 0 0 0 0 0 0 0 0 0 ne as required for columns 3 to 6, Code 10, uries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder Newbuild (Construction and Restoration, lnc. Business Address: 625 W. Katclla Ste. 27, Orange, CA 92867 Business Tel. No.: (714) 912.48 36 State Contractor's License No. and Classification: 1010827=A, B, C17. C33 Title CFO 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 t Ti 0-4 Title CFO Signature of bidder Date ---- Title --- Signature of bidder Date Title Signature of bidder Date Title Signature. Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On _3/11/2024` _ before me, _ Lena_Nahhas _ (insert name and title of the officer) personally appeared _ Maher Kutkut 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. i Signature _ (Seal) IENa NAhIMAS Mou , Publk • California or"W coon y >E cc Ilion i 2440569 W is�y COTm, Wires Ut 2C, 2D2� J u City of Newport Beach HARBOR DEPARTMENT ACOUSTIC REVISIONS Contract No. 9497-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Ncwbuild_Construct.on and Restoration, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Aphcndix A Date Received I-cb.:? I , 20214 15 City of Newport Beach HARBOR DEPARTMENT ACOUSTIC REVISIONS Contract No. 9497-1 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: Ncwhuild Construction and Name of individual Contractor, Company or Corporation: Restoration, Inc. Business Address: 625 W. Katella Ave Ste 27 Orange CA 92867 Telephone and Fax Number: 714 91 2-1836 Fax: (714) 912-4096 California State Contractor's License No. and Class: 1010827 ; A, B, C 17, ('33 (REQUIRED AT TIME OF AWARD) Original Date Issued: 2/1/2016 Expiration Date 2/28/2026 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: Dave Oukal 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 Mahcr Kutl<ut CF0 625 W, Katella Ave, Ste 27, Orange, CA 92807 (714) 912-4836 Corporation organized under the laws of the State of California 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/ All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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 1 Have you ever had a contract terminated by the owner/agency? If so, explain. N A Have you ever failed to complete a project? If so, explain. N!A 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 compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 17 Are any claims or actions unresolved or outstanding? Yes /©o If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Newbuild Construction and Restoration, Inc. Bidder Maher Kutl<ut (Print name of Owner or President of Corp o a ' pany) / (honer Authorized Signature/Title CF:O Title Date /7/2024 On before me, L?, yta M,!Akas , Notary Public, personally appeared # it ef V, ✓4" t , 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. G4 l ► r-ornra Notary Public in and for said State My Commission Expires: Gt / 3 o / 1-0 Z y 18 (St At ) Y LIMA NANHAS s "bury iub is - California ■ Orany* County COTnllffbn a 24e0569 ?xoires Jan )C, 2025 City of Newport Beach HARBOR DEPARTMENT ACOUSTIC REVISIONS Contract No. 9497-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability. Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 City of Newport Beach HARBOR DEPARTMENT ACOUSTIC REVISIONS Contract No. 9497-1 SAMPLE CITY CONTRACT 20 City of Newport Beach HARBOR DEPARTMENT ACOUSTIC REVISIONS Contract No. 9497-1 (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. 9497-1 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: 3/7/2024 Date Phone (714) 912-4836/ Fax (714) 912-4096 Bidder's Telephone and Fax Numbers 1010827 / A, B, C 17, C33 Bidder's License No(s). and Classifications) 1000043210 DIR Registration Number Newbuild CorlsltEuction and Restoration Inc. Bidder / CEO Bidder's Authorized Signature and Title 625 W. Katella Ave, Ste. 27, Orange, CA Bidder's Address Bidder's email address: NewbuildCR(tvgrnail.com PR-1 City of Newport Beach Page I of 4 Harbor Department Acoustic Revisions (9497-1), bidding on 02,/ 1212024 2:00 PM (PDT) Printed 04/24/2024 Bid ReSUItS Bidder Details Vendor Name Newbuild Construction and Restoration Inc Address 625 W. Katella ave Ste 27 Orange, California 92867 United States Respondee Faye Oukal Respondee Title Office Manager Phone 714-852-2137 Email newbuild27@gmail.com Vendor Type License # CADIR Bid Format Electronic Submitted 03/12/202412:54 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 368076 Respondee Comment Buyer Comment Attachments File Title File Name File Type BID SUBMITTAL C-Newbuild Construction and Restoration BID SUBMITTAL C-Newbuild Construction and Restoration General inc.pdf inc.pdf Attachment PlanetBids City of Newport Beach Harbor Department Acoustic Revisions (0497-1), bidding on 03112120,14 2�00 PM (PDT) Page 2 of 4 Printed 04124/2024 Subcontractors No Subcontractors PlanetBids City of Newport Beach Page 3 of 4 Harbor Department Acoustic Revisions (9407-1), bidding on 03/ 1212024 2:00 PM (PDT) Printed 04/24/2024 Line Items Discount Terms No Discount Item # Item Code Type Item Description UOM CITY Unit Price Line Total Response Comment Section 1 $38,700.00 1 Mobilization LS 1 $4,000.00 $4,000.00 Yes 2 Acoustic Revisions LS 1 $33,700.00 $33,700.00 Yes 3 As -Built Plans LS 1 $1,000.00 $1,000.00 Yes PlanetBids City of Newport Beach Harbor Department Acoustic Revisions (9497-1), bidding on O:d I _^12024 2 00 PNI (PDT) Page 4 of 4 Printed 0412412024 Line Itern Subtotals Section Title Section 1 Grand Total Line Total $38,700.00 $38,700.00 PlanetBids HARBOR DEPARTMENT ACOUSTIC REVISIONS CONTRACT NO. 9497-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 29th day of March, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and NEWBUILD CONSTRUCTION AND RESTORATION, INC., a California corporation ("Contractor"), whose address is 625 W Katella Ave, Unit 27, Orange, CA 92867, 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: New additions consisting of a wall, door and placements of acoustical panels along the walls of the Harbor Department Office (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. SSNOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, 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. 9497-1, 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 Thirty Eight Thousand Seven Hundred Dollars ($38,700.00). 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 Maher Kutkut to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing 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.). Newbuild Construction and Restoration, Inc. Page 2 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 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Maher Kutkut Newbuild Construction And Restoration, Inc. 625 W Katella Ave, Unit 27 Orange, CA 92867 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. Newbuild Construction and Restoration, Inc. Page 3 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of 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 Newbuild Construction and Restoration, Inc. Page 4 assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the 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. Newbuild Construction and Restoration, Inc. Page 5 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 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. Newbuild Construction and Restoration, Inc. Page 6 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. 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, Newbuild Construction and Restoration, Inc. Page 7 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. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. Newbuild Construction and Restoration, Inc. Page 8 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] Newbuild Construction and Restoration, 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: Aaro C. arp 3"1s C Attorney �Z�Izy ATTEST: Date: go LeiWnft'VNri city Cl� �--"1 FORA CITY OF NEWPORT BEACH, a California municipal corporation Date: — - Z By: David We6 b Director of Public Works CONTRACTOR: NEWBUILD CONSTRUCTION AND RESTORATION, INC., a California corporation Date: Signed in Counterpart By: Maher Kutkut Chief Executive Officer, Secretary, Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Newbuild Construction and Restoration, 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: 3 - 2F - 2 Ll By: -arq C. � rp City Attorney' ATTEST: Date: By: _ Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: David Webb Director of Public Works CONTRACTOR: NEWBUILD CONSTRUCTION AND RESTORATION, INC., a California corporation Date: 4/1 /2024 By: Maher Kutkut Chief Executive Officer, Secretary, Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Newbuild Construction and Restoration, Inc. Page 10 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 72634231 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Newbuild Construction and Restoration, Inc hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract: New additions consisting of a wall, door and placements of acoustical panels along the walls of the Harbor Department Office 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, WESTERN SURELY CONIPANY 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 Thin,,'. Eight Thousand Seven Hundred Dollars ($38,700.00) 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, Newbuild Construction and Restoration, Inc. Page A-1 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 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 'nd day of April 20 24 Newbuild Construction and Restoration, Inc Name of Contractor (Principal) WESTERN SURETY CONIPANY Name of Surety 151 North Franklin, 17th Floor Chicago, IL 60606 Address of Surety 605-336-0850 Telephone APPROVED AS TO FORM: CITY ATTOR E 'S OFFICE Date: Bv:i _Aar n C. Var C-ify A '�•o/zy Authorized ature/Title Authorized Agent ignatur ANDREW JOSEPH SYSYN, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Newbuild Construction and Restoration, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On Ur, 1 4 202-4 before me, J e ru, Notary Public, personally appeared yk1 1, -ems K't �14— who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *my LENA NAHHAS Notary Public • California orange County Commission # 2480569 Comm, Expires Jan 30, 2028 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 Orange ? ss. On April 2 2024 before me, Maria Sysyn Notary Public, personally appeared AndreNv Joseph Sys),„ 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 hislher/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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. do WITNESS my hand and official seal.*my MARIASYSYN Notary Public • California Orange County Commission # 2468022 Signature Comm, Expires Nov 7, 2027 + (seal) Newbuild Construction and Restoration, Inc. Page A-3 Io1`: 3472 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO AMENDED Certificate of Authority TuTs Is To CEwmy. That, pursuant to the Insurance Code of the State of California, WESTERN SURETY COMPANY of SIOUX FALLS, SOUTH DAKOTA , organized under the laws of SOUTH DAKOTA , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Centi ficate, the following classes of insurance: SURETY and LIABILITY as such classes are now or -nay hereafter be defined in the Insurance haws of the State of Calif arnia. Tms CERMFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requiremnts nwde tinder authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN Wrrmm WFmtEoF, effective as of the ------- 2.ISI`----------- day of-------MARr.H— _ I37-5_-, I have hereunto set my hand and caused my official seal to be affixed this._.21ST--__._ day of------- MARCH _ Ig 75_. Fee WESLEY J. KINDER Pnsearanca Cammisnton�+r Ree. No. - o� Filed ByDept�sv�3 Cal' NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 70.1 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. FOM4 ce-a —s -fW 1.1. —10— Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 72634231 Iinow all Men By These Presents. that. \\'ESTER!\ SURET'i CHMP:\Nl. a corporation duly orgauizel an(I existing Lnt(Icr the laws of the State of'S(ntth Dakola. and having its principal office in Sinus Palls. South Dakota (the "Company"). dues by thes(• present, make. constitute and appoint .. ANDREW JOSEPH SYSYN its true and lawful att:orney(s)-in-fact. with full power and authority hereby conferred, to execute. acknowledge and deliver for and on its behalf as Surety. bonds for: Principal: Newbuild Construction and Restoration, Inc. Obligee: City of Newport Beach Amount: $1, 000, 000. 00 and to bind the Company thereby as fully and to the same extent as if such bonds wet•e signed by the Vice President. sealed with th,• corporate seal of the Company and club• attested by its Secretary. hereby ratifying and confirming all that the said attorney(s) -in- fact mac do within the above slated limitations. Said appoinlnurnl i, made under and by authority of'the falloff li" byl;m of 1\'(•stern "Lit •ety Company which remains in full force aui(I erfecl. "Section 7. All bonds, policies. undertakings. Powers ol':\ltornec or other obligations of' the corporation shall be exccnw(l in Ill, - corporate name of the Company be Iho President_ Secn•etary. nil} Assistant Secretary. 'I'rc•asurer. or any \'ice I'resideni or by such other officers as the Boarcl of Directors may authorize. The Presi(lenl. any Vice 111•esidenl. Secretary. any .\ssistnnt Secretary. or Ihr Treasurer- may appoint Attorneys in Fact or a„eats who shall hn\,- authority to issue honcls. policies. ,a• undeoalun s in thy, naim- of the Company. The corporate seal is not necessary for the validil'\ of any honcls. policies. undertakings. PoLcers of .\ttorne} or other obligations of the eotjlot•ation. The signature ol'anc such 01'I'ice1-,m,1 I he corporate seal nut} be printed by I'acsiroil(. " This Power of attorney mac be. signecl by digital signature an(1 seoletl by a digital or otherwise elecu uric-I'ormaned corporato seal uncles and by the authority of the 1'0110tcing Resolution adopted by the koarcl of Dirc•,•tors of the l'ompanc by uaaninUuis writt(•n (•onsont dat.ecl the 371.h day of April. 2022: "RESUL\,-ED: That it is in Iho best interest of the Company to por•iodicalle ratify and confirm any corporate, documents si ned b* digital signatures and to rat:ifv and confirm the use of a (figit.nl or otherwise electronic-formatte(I corporate seal. each to be eonsicle.recl the act and cleetl of the Company." IfRond No- 72634231s not on oi _ - it i-before midnight of May ist,- 2024 - - -- all authority conferrecl in this Power of attorney shall expire and terminate. In• \Vitness \\hereof. \\'extern Surety t'ompauy has caused these presents to be signed by its Vice President. Larry Kasten. and its corporate seal to be affisecl this ___ 2nd . --_ clay of __ April _ 2024 -_- STATE ()F SOLTTH DAI{UTA ('()L'NTY (:)F'_\LINNLH 1JA ss NVESTF,RN SUR1,,Ty CO 1\1 P.a N Larry [iastcn, \'nee President (.)n lhi� --- 2nd clay of April . in the year 2 0 4 before me, a notary public. personally appanrorl Lat-r\ lias1,at. who being Io me (ILdr sworn. acknowledged (hill he signed the above Power of Atorne\ as the al'n said ul'I'icer I' R'ESTERN tiURETY ('( )MPANY and aeknowleclgecl said instrument to Iu the voluntary act m teed ofsaicl corporattion. S. GREEN rt;NOTARY PUBLIC ,� a'EAL NOTARY DAKC)TA SEAL Nolaty I'ubli South 1)ad;otn .{� \Z7-6� SOUTH �r�a� My Commission E::pires February 1 2, 2027 I t:he tmcle ied off cer of \\�estern Surety ('ompany. a stock corporation of the Slntc of South Dolcota. &, her(•by certify that ill, attached Power of Attorney is in full force and el9'ect and is irrevueatblc•. and furthc•rmrne. Ihnt Section 0fthe I)y1ims (-I'th,• Conapnn as set forth in the Power of .attorney is now in force. In testimony where.of. I have herOLmto set my hand end seal nl' \\'extern Surety Company this 2nd clay or April 2024 \VH'ST[-,1RN SURE" ' ('UN1'P_AN)' C®. .arry fasten. Dice Prc:xident To validate bond authenticity, go to www.enasurety.coni > Owner/Obligee Services > Validate Bond Coverage. Foim F5306-5-2023 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 72634231 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,161,00 , being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Newbuild Construction and Restoration, Inc hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract: New additions consisting of a wall, door and placements of acoustical panels along the walls of the Harbor Department Office 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 WESTERN SURETY COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Thirty Eight Thousand Seven Hundred Dollars ($38,700.00) 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. Newbuild Construction and Restoration, 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 2nd day of April 20 24 . or Newbuild Construction and Restoration, Inc. Name of Contractor (Principal) Aut orize Signature/Title WESTERN SURETY COMPANY Name of Surety Authorized Agent ignatur 151 North Franklin, 17th Floor ANDREW JOSEPH SYSYN, Chicago, IL 60606 Attorney -in -Fact Address of Surety Print Name and Title 605-336-0850 Telephone APPROVED 1 ASTOFORM, I � OC7-''/ i 9 1IE Date: /b By: 4��Har City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Newbuild Construction and Restoration, 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 oK�hS } ss. On 62r, r � / 20 z�' before me, be�t- /01 � 4f Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature S�—OF ? u NA NAWWAS Notary Public - CalHornia orange County r Commission # 1F0a2480569 P My Comm. Expires Jan 30, 2028 C�(�` (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 Orange } ss. On Aprd 2 , 2024 before me, Maria Sysyn Notary Public, personally appeared Andrew Joseph Sysyri proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. lamy MARIASYSYN Notary Public - CaliforniaOrange County Commission # 2468022 Signature Comm, Expires Nov 7, 2027 (seal) Newbuild Construction and Restoration, Inc. Page B-3 N 3472 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO AMENDED Certificate of Authority THIS Is To CER'TYFY. That, pursuant to the Insurance Code of the State of California, WESTERN SURETY COMPANY of SIOUX FALLS, SOUTH DAKOTA , organized under the lairs of SOUTH DAKOTA , subfeot to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: SURETY and LIABILITY as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. Tms CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made tinder authority of the laws of the State of California as long as such laws or requirements are in e$ect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WrrNm Wtmimov, effective as of the ------- 21-ST--- ------- day 19-75--, 1 have hereunto set my hand and caused my officialseal to be armed this._21ST-__ day of ---------MARCH _ __-____,19 ? 5_ Fee WESLEY J. KINDER rnsum-" eo>a:as6eaduoese Rec. No. Filed By NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code proanptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. Fb."CD.3 19>f) >•,,-..,(D- Western Surety Compari\i, POWER OF ATTORNEY - CERTIFIED COPY Bond \,. 72634231 linow .All Men By These Presents. that WESTERN SC RET" ('( )_\II'AN . o corporation dull organizc•cl and existing under the laws orthe State of South Dakota. and having its principal office in Simi\ Falls. South Dakota (the "(company"). doe, by these presents make. constitute and appoint ANDREln1.. JOSEPH_ SYSYN its true and lawful attorn .�(s)-in-fact. with hill power and authority hereby conrerrecl. to execute, acknowleclge and deli\'er roil and on its-helmlftrs-rs. ttret� : bmtclsfor- Principal: Newbuild Construction and Restoration, Inc. Obligee: City of Newport Beach Atnount: $1, 000, 000. 00 and to bind the Conpany thereby as full and to the sarne extent as irsuch bond., were signed by the Vivo Prr,id,ol. sealed wiih ill, - corporate seal of the Company and cluly atte.stecl by its Secretary. hereby ratifying amyl confirming all that the said atlorncy(s)-in- fact may do within the ahrny(• stated limitations. Swirl apn poinluonma l i, cro undr e,rrrcl by authority or the following berme of \\'(stern Surely Company which re mains in roll rorce and erred. "Section 7. all bonds. policies. undertakings. Powers of Atorney or other obligations of' the corporation shall h(• arceculed in ihr• corporate name of the Company by the President. Secretary. any :\ssislanl Secrclory. 'Treasurer. or any \'ice Prosid,•nl or by such other officers as the Boarcl or Directors may authorize. The President. any Vice President. Secretary. any Assistant Secretary. or the Treasurer may appoint Attorneys in Fa.t or agents who shall ha\c authority to issue bonds. policies. Ill -undertakings in the nai no of the (company. The corporate seat is not necessary for the validily of ally bonds. policies. undertakings. Powers of .Attorney or other obligations of the corporation. The signature ot'any such officer ;trul t [w corporate seal may he printed by facsimile. This Power of .Attorney may be signed by cligital signature and sealecl by a cligital or otherwise electronic -formatted corporate seal under and by the authority of the. following Resolution adopted by the Board of Directors of the ("mnpany by unanimous \yritien consent dated the 27th clay of April. 2022: "RESOIXED: That. it is in the best intoresl of the (company to periodically ratify and confirm any, corporate clocuments signed by cligital signatures and to ratify and confirm the use of a digital or otherwise electronic-rormatt.ed corporate seal. each to he consicle.red the act and deed of the Company." If Bond No. 72634231___-_---- - is not. issued on or before miclnighi of May 1st,-- 2024- authority conferred in this Power of Attorney shall expire and terminal,e. In Witness Whereof. Western Surety Company has caused these presents to be signe(I by its Vice President. Larry Hasten. and it: corporate .y-eal to be affixed this _ __- 2nd clay of April 2024 STATE OF SC )i'TH DAI�UT:\ ( ()LINTY OF MINNEHAH A NN'F,STF.RN SUR1,.T ('O1\1P:\N)i' Larr}• Hasten. \ i(•c• I'n�sid�•nl ()n this 2nd -- day of --- Aril . in the scar 2024 lu•I'nr• me. a notary public. personally appeared Larry hasten. who being to me dub sworn. aVko0"'ledged thol ho signed the above Power of Allornec as Lh(! aforesaid orricor or WESTERN St-RETY Q )MP:\NY and acknowledged said instrumcnl to h�.• the voluntary act at deed of'said corporation. S. GREEN -� NOTARY PUBLIC �-� SEAL SEAL Notary Public -South Dakota SOUTyH�D�AKOTA My Commission Expires February 12, 2027 t nc yt e undersrgofficer of Western Surety Company, a stock corporation or the Stateoi'South Dakota. do hereby certify that. Lho attached Power of Attorney is in full force and effect and is irrcwoc•able. and furthermore. that Section i of the bylaws oft e (ompanc as set forth in the Power of .Attorney is now in force. In testimmty whereof. I have hereunto set my hand aucl seal or\\'estern Surety Compan} this 2nd clay of April 2024 \V F:S'1'EIiN SURE' ('O1\I1)_AN1 { .wilily hasten. \'icy }'resident To validate bond authenticity, go to www.enasurety.com > Owner/Obligee Services > Validate Bond Coverage. Form F5306-5-2023 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). Newbuild Construction and Restoration, 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 one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of the Contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. Newbuild Construction and Restoration, Inc. Page C-2 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 after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. Newbuild Construction and Restoration, Inc. Page C-3 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. 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 Newbuild Construction and Restoration, Inc. Page C-4 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. Newbuild Construction and Restoration, Inc. Page C-5 - I CL 2 / § / i U ° �- � �z \ . ■ � LO \ / t / � $ . � \ \ � � « � � § Z? @ § § § £ 2 / ] § $ P ; k in\ k \ \ .