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HomeMy WebLinkAboutC-8939-1 - Central Library Elevator Modernization Project12/10/25, 3:55 PM Batch 20314380 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder NO FEE *$ R 0 0 1 5 9 4 7 7 6 6$ 2025000343177 03:31 pm 12/10/25 872 Ex19A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Armstrong Cal Builders, Inc. of Stanton, California, as Contractor, entered into a Contract on 04/23/2024. Said Contract set forth certain improvements, as follows: Central Library Elevator Modernization Contract No. 8939.1 Work on said Contract was completed, and was found to be acceptable on December 9, 2025, by the City Council. The title to said property is vested in the Owner and the Surety for said Contract is The Gray Casualty & Surety Company. BY avid bb, Public % orks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. II Executed on Ve b CR-P" 4,.- o1A�S ^ , at Newport Beach, California. BY Lena Shumway, City Clerk https://gs.secure-erds.com/Batch/Confirmation/20314380 1 /5 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Armstrong Cal Builders, Inc. of Stanton, California, as Contractor, entered into a Contract on 04/23/2024. Said Contract set forth certain improvements, as follows: Central Library Elevator Modernization Contract No. 8939.1 Work on said Contract was completed, and was found to be acceptable on December 9, 2025, by the City Council. The title to said property is vested in the Owner and the Surety for said Contract is The Gray Casualty & Surety Company. David \?Vebb, Public —Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on le- ce,*" Lte ID aU%-X— , at Newport Beach, California. BY Lena Shumway, City Clerk Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 2:00 PM on the 71h day of March, 2024, at which time such bids shall be opened and read for Cya���:7_1��137_\:�'����1%�r�7�►�i[�]�7�17�11►/_��[�1TI PROJECT NO. 231702 CONTRACT NO. 6939-1 $720,500.00 Engineer's Estimate Approved by James M. Houlihan eputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans yi-n PlanetBids: littp://www.planetbids.com/portallportal.cfm?CompanyiD=22070 MANDATORY PRE -BID MEETING A mandatory pre -bid MEETING will be conducted for this project on February 2211d, 2024 at 8:00 am., at the Central Library located at 100 Avocado Avenue, Newport Beach, CA. 92660. Bidders who do not participate may be considered non -responsive. Contract License Classification(s) required for this project: "B" or "C-11" with all electrical and fire alarm work to be performed by a Contractor with a "C-10" License and a "C-11" License shall be required for the Contractor performing the elevator work. For further information, call Kyle Aube, Project Manager at (949) 644-3296 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: _ht_tps://www.newportbeaclica.gov/qovernment/data-hub/online-services/bids-rfps-vendor- registration City of Newport Beach CENTRAL LIBRARY ELEVATOR MODERNIZATION PROJECT NO. 23F02 CONTRACT NO. 8939-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................10 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 2 City of Newport Beach CENTRAL LIBRARY ELEVATOR MODERNIZATION PROJECT NO.23F02 CONTRACT NO. 8939-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, seated copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling: the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: M A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. 990992 B. A Shawn Salah, President/CEO Contractor's License No. & Classification Authorized Signature/Title 1000885560 6/30/2024 DIR Registration Number & Expiration Date Armstrong Cal Builders Inc. Bidder 5 3/07/2024 Date City of Newport Beach CENTRAL LIBRARY ELEVATOR MODERNIZATION PROJECT NO. 23F02 CONTRACT NO. 8939-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of amount bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Central Library Elevator Modernization, Contract No. 8939-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 4th day of March , 2024. Armstrong Cal Builders Inc. Name of Contractor (Principal) The Gray Casualty & Surety Company Name of Surety 1225 West Causeway Approach, Mandeville, LA 70491 Address of Surety 760-218-0535 Telephone Shawn Salah, Presi ent/ EO Authorized Signature/Title uthorized AJ4Sit Signature Adriana Valenzuela, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) N No. 090©2 STATE OF CALIFORNIA DEPARTMENT Off' INSURANCE. E. SAN F ICANCISCO Cerfifiente of Authority Il i1S 15 TO CERI'MY. That. put'sa"111 if? the Lrstrrance Cocle ufrhe Sale of C olgirrula. The Grnp Casatilty & Sitiletr Ci7ttrpawy uj l.utrisirnru, vrf rml=c'd tuttttm flier Ira+L:� Llf l oufdrrna, .crrlljc'a to hr rtrticin AI 1Hc'm—po •ratinrk or rldwr (trlidiuueuu(l urgani: tfiotial rlaertinenls, Is he:rebT mahnrl.ec( to !r'umwel within this ,Store. snlyect to all Irrovkhoty (1(this C urfifleale, thelfi)llowinl; classes of insuranec: Sureik' us cHclr c'htese.e ord aril rlr »ten' lrt'r'e'ilfte!' h9 cIC fJrrer(!F7 the Insrrra ee I aw.v nl the Stare of C'alffin•nla. VMS C ERTIFICAT is erf�rt'ssli randitianclr( rrpurr the (ta(der IrerPO(J7Ut1` [rrrC(hr Prlr/ff/ r' hLrrfrs ire /rrll cantlrlfatic'e mit(r till, oral tilt. hr virflation of alit: rfj the irffffl(suhhr ltnrs and la+gfitl rcrtftr(retnentc nttulc rrudrr uufltorfn t�f flit! lair's a1?Pre State gJ cal(fw-ni1(as hmg as mich latts ar requirements are /it c f eer and aflftlic ahiv. and as suc'lt lairs and eel pilrt'meolts flaw are, ar tncty hereafter he vhmr kred at' [imended. K MTh1:SS WHEREOF. e(icetire as of'rhe l.lth drti• nj',llrarch, 012i 1 have hereunto .set my hand and c-aurec tiv of• Wal soul to he alflted flri.v l •tth da,R n/ :lfarch, 2W. Fee w9SS0.1)(t Rce. No. Dave ,loncs tl r.4'rrl'r/r;� L• t �l,nlnrl!'xrngr'r Filed $18f301.1 l3.1' Susand: Sialip t�rr `.rrtirr tIu}!t• t'hn(Lutturl• ��i'rll%(CUl(rrll 1. the undenvigrted hrsuranee C oininissioner of the ,Slate q("C irCifrtrni<x (k) hereh_v ee rlffi-that ( have compared Jhu (llfal'e Ca1ry qf C.'et7ifrertte 1YIlh 11t4' l(lfjrliL"CIIL' crf'arighrul nrlsi• oil file lit rftyoffice, <nrd ilea! the snare f.r a fill!, tr uc, viral carrear trrttrseripl [hereof; rrrtd of rlrr• whale g1.arid drrlrl/ca1,;. and xedd (: eniliccrtr 0"41111joritl' !\ now it! hili f nrr•e and ejj ct. IN WITidFSS WHERE.M. I have hereunto .stet utt' hand and caused mY g1ficial seal tcf he ei ffixed fltis •Ith day of .haul, 2012. Dave Janes Iuslrrmnt• C'ilutrrracer�,e�r• ftiLJ(Sti.J.�Wttt li t��' l Putrline D Andrea Alliant Insurance Services, Inc. 02/27/2024 16:56 231249601623 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER Or ATTORNEY Bond Number: N/A Principal: Armstrong Cal Builders Inc. Project: Central Library Elevator Modernization Project No. 23F02, Contract No. 8939-9 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Jay Freeman, Christina Mountz, Cynthia J. Young, and Adrlana Volenzuela of San Bernnrdino, California jointly and severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $25,000,000.00. This Power of Attorney is granted and is signed by facsimile tinder and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26", day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company maybe affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 01 day of November, 2022. r 8U R:I.N �Af1Y, d•gU B Michael T. Gray Cullen S. Piske of SEAL „ SEAL j y President President ` ". The Gray Insurance Company The Gray Casualty & Surety Company y��'•...... , f � State of Louisiana ss: Parish of Jefferson On this 0 day of November, 2022, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. { hrigh Arne Henicen Notary Public Notary ID No. 92653 Leigh Anne Henican Orleans Parish, Louisiana Notary Public, Parish of Orleans State of Louisiana My Commission is for Life 1, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Company this 4th day of March 2024 0JJAA F %4 /"***-6 I, Leigh Anne Henican,/Secretary of The Gray Casualty & Surety Company , do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seats of the Company this 4th day of March f 2024 - �6- � LAWO � W ("-� SURAN "f SEAL �r SEAL 'c, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 V\ .r .a .fl.a .a .a .a .a .af.a'.a..f.a.2.af.aS. .a .a .a .V..L.G ..� A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On Date personally appeared before me, Kassandra De Leon, Notary Public Here Insert Name and Title of the Officer Adriana Valenzuela Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the-PersonJra)`whose name;())' Wye subscribed to the within instrument and acknowledged to me that-6e/she/ttwexecuted the same in 11is/her/ti r authorized capacity,(jaj, and that by odher/t aetr signatureKon the instrument the person br the entity upon behalf of which the persona acted, executed the instrument. KASSANDRA DE LEON COMM. 42408438 z x@My Notary Public - California z Orange County Comm. Expires JuIx 15, 2026 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signa ure of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 1-1 Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other: Signer Is Representing: ©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE g 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 11 March 2024 Date before me, Jo -an Guino Reeves, Notary Public Here Insert Name and Title of the Officer personally appeared Shawn Salah Norrie(d) of Signer(s) Who proved to me on the basis of satisfactory evidence to be the personWwhose name 'are subscribed to the within instrument and acl<nowled authorized capacity(i), and that by ed to me tha�f he/they executed the same i1i /her/their its ter/their signature on the instrument the person(s), or the entity upon behalf of whichthe person(s) ed, executed the i strument. `JO•AN GUINO REEVES a Notary Public - California Orange County Commission ✓t 2436731 �My Comm. Expires Jan 31, 2027 rww� Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL of Notary Public Completing this information can deter alteration ofW document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by 5igner(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): o Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: k>'��@�`8�f33U�8�^i@+t3�S8:@�BiEi+fl48ii3:9,'�S@@4';��48f8iB;Bi8ff3#3¢Eiit#}3it3i8;f�fRli=fi:fi:{3'•it&t$tB�$:l�Fiif34� ©2019 National Notary Association City of Newport Beach CENTRAL LIBRARY ELEVATOR MODERNIZATION PROJECT NO. 23F02 CONTRACT NO. 8939-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors wiil 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 also in ciude DIR registration numbers for each subcontractor. �^ Armstrong Cal Builders Inc. Shawn Salah, President/CEO Bidder Authorized Signature/Title 0 City of Newport Beach CENTRAL LIBRARY ELEVATOR MODERNIZATION PROJECT NO. 23F02 CONTRACT NO. 8939-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Armstrong Cal Builders Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $200,000, provide the following information: No. 1 Project Name/Number Gateway Park Improvements Improvements to the landscaping, irrigation and landscape walls Project Description at��a)r Park Approximate Construction Dates: From 4/03/2023 To: 7/07/2023 Agency Name City of Newport Beach Contact Person Tom Sandefur Telephone (949 644-3321 Original Contract Amount $540,233.5q=inal Contract Amount $ 569,283.47 If final amount is different from original, please explain (change orders, extra work, etc.) Chanqe Orders Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No to both questions. 10 No. 2 Project Name/Number Cabrillo High School Structural Repairs (Bldg. 1100) Structural repairs to Bldg. 1100, ADA restroom upgrades & various Project Description ADAupgrades at Cabrillo High School. Approximate Construction Dates: From 6/19/2023 To: 3/31 /2024 Agency Name Long Beach Unified School District Contact Person Steven Ross Telephone (909 331-8258 Original Contract Amount $1,186,Oo0. Rnal Contract Amount $ 1,186,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) M 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 to both questions. No. 3 Project Name/Number Nutrition Services Seismic Upgrade Ph. 2 Voluntary Seismic strengthening to provide wall anchorage systems, steel Project Description braced frames and freight elevator wall improvements to reduce the potential for structural damage in an earthquake. Approximate Construction Dates: From 5/30/2023 To: 8/31/2023 Agency Name Long Beach Unified School District Contact Person Sherry Turner Telephone 662) 997-7550 x 1330 837,000.00 837,000.00 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No to both questions 11 No. 4 Project Name/Number Vincent Park Pavilion Replacement Demo/Replace 2 pavilions, demo replace concessionaire building and concrete pads, grading & earthworks. Construct wash building, construct sidewalk, barbecue stand, and garbage bin on a concrete pa . Project Description Approximate Construction Dates: From 12/04/2023 To: 4/22/2024 Agency Name City of Inglewood Contact Person Boytrese Osias Telephone 010) 41 -5333 Original Contract Amount $864,000.R0 al Contract Amount $ TBD If final amount is different from original, please explain (change orders, extra work, etc.) TBD 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 to both questions No. 5 Project Name/Number Oak Canyon Nature Center Renovate existing amphitheater, install educational exhibits & interpretive panels, Project Description improve accessibility with DGM, install wooden decks, install directional signs, resurface existing parking lots, install e ica piles. Approximate Construction Dates: From 11/14/2023 To: 3/31/2024 Agency Name City of Anaheim Contact Person Annie Singhal Telephone (711 765-5272 OQ Original Contract Amount $1,118,000.Fi al Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) TBD 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 to both questions. 12 No. 6 Security Gates Installation at Anaheim, Garden Grove Project Name/Number and Santa Ana Bus Bases Project Description Security Gates Installation Approximate Construction Dates: From 7/n6/2023 To: 7/04/2n24 Agency Name Orange County Transportation Authority (OCTA) Contact Person Brianna Arquette Telephone (714 560-5693 3,798,000.00 Original Contract Amount $ Final Contract Amount $ TBD If final amount is different from original, please explain (change orders, extra work, etc.) TBD 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 to both questions. 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. Pls. see attached resume of Byron Hayes, General Superintendent. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of theEah, ractor's current f' ancial conditions. Armstrong Cal Builders Inc. Shawn President/CEO Bidder Authorized Signature/Title 13 Byron Hayes General Superintendent Email: ByronCcDarmstrongcalbuilders.com Years of Experience & Expertise: 20+ years' experience in the construction industry (10+years as Journeyman Carpenter, 5+ years as Foreman Carpenter and 5+ years as Superintendent). Results -oriented, hands-on construction and development professional. Verifiable track record for the successful completion of multi -million -dollar projects through coordinating trades involved under his supervision. In addition, Byron works closely with his crew to ensure maintaining an accident -free work environment. He is thoroughly knowledgeable in the day-to-day operations of the construction work as well as documentation and monitoring of safety procedures. His strength areas consist of his experience and knowledge with Cal OSHA Safety regulations. Training & Certificates: KEY PROJECTS: -OSHA30 1) Project Name: Leuzinger High School Athletic Fields and Facilities -OSHA 10: Completed & Modernization — BP #01 General Conditions, Finishes & Specialties Current Site address: 4118 Rosecrans Avenue, Lawndale, CA 90260 -CPR: Completed & Year constructed: September-2021 to October-2023 Current Owner: Centinela Valley Union High School District -Standard First Aid: Value: $2,590,000.00 -Local Union Carpenter Scope: Wood Framing, Site Furnishings, Roofing, Metal Framing, Foreman Drywall, Lath & Plaster, Sheet Metal Flashing, Hollow Metal Doors & Frames, Overhead Coiling Doors & Coiling Counter Doors, Aluminum Framed Storefronts, Sliding Pass Windows, Glass & Glazing, Acoustical Ceilings, Resilient Flooring, Epoxy Flooring, Paints & Coatings, High Performance Coatings, Anti -Graffiti Coating, Markerboards, Signage, Phenolic Toilet Compartments & Bathroom Accessories, Window Shades, Cabinetry & Countertops. 2) Project Name: Jean Hayman Site, PH2 — Remodel of Buildings 3 & 4 Site Address: 21330 Lemon Street, Wildomar, CA 92595 Year constructed: July 2021 to October 2022 Owner: Lake Elsinore Unified School District Value: $2,239,119.00 Scope of Work: Bldg 3 Tenant Improvements with work consisting of improvements to framing, plumbing, electrical, low voltage, mechanical to build a new IDF Room, convert Library to new Conference Room , convert exstng serving area to new seating area, updating Restroom plumbing fixtures, Food Service area improvements, Update lighting, convert exstng room to Conference Room, install new finishes. 3) Project Name: Beach Terrace Memory Care Site Address: 12282 Beach Blvd., Stanton, CA 90680 Year constructed: June-2018 to May-2022 Owner: Stanton Assisted Living, LLC Value: $18,662,844.00 Scope: Construction of two (3) story building for a 66-Rooms residential elderly care facility with a total building area of 79,763SF. 4) Project Name: Park View Estates Senior Assisted Living Site address: 11360 Warner Avenue, Fountain Valley, CA 92708 Year constructed: December-2018 to November-2020 Owner: Fountain Valley PropCo LLC Value: $28,955,013.00 Scope: Construction of two story 154 bed count elderly care facility building with a total bldg area of 10,505 SF. 5) Project Name: Algin Sutton Recreation Center Site address: 8800 South Hoover Street, Los Angeles, CA 90044 Year constructed: May-2018 to July-2020 Owner: City of Los Angeles Value: $6,388,000.00 Scope: Replacement of public pool and pool deck. New construction of splash pad and restroom facility. Renovation of existing Bathhouse. Construction of shade canopies. 6) Project Name: Puente Hills Intermodal Facility — completion scope Site address: MP 12.44 City of Industry Year constructed: April-2019 to September-2022 Owner: Los Angeles County Sanitation Districts Value: $6,070,000.00 Scope: Construction and tie-ins of Union Pacific Railroad tracks, Steel bridge structural steel walkway/maintenance platform, Retaining Walls, Steel Fencing and Railings. 7) Project Name: McKinley Elementary School Modernization Site address: 2401 Santa Monica Blvd., Santa Monica, CA 90404 Year constructed: June-2018 to August-2020 Owner: Santa Monica -Malibu unified School District Value: $6,488,000.00 Scope: Selective Demolition & Asbestos Abatement, Replacement of Existing Windows, Doors & Hardware, Framing, Drywall, Plaster, Repainting, Replacement of Carpet & VCT Flooring, Casework, Finish Plumbing, Ceramic Tiles, T-bar Grid ceiling, HVAC & Mechanical upgrades, Fire Alarm System update, Signage, Sitework, Equipment Pads & enclosure. City of Newport Beach CENTRAL LIBRARY ELEVATOR MODERNIZATION PROJECT NO.23F02 CONTRACT NO. 8939-1 NON -COLLUSION AFFIDAVIT State of California ) ss. County of Orange ) Shawn Salah being first duly sworn, deposes and says that he or she is President/CEO of Armstrong Cal Builders Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Armstrong Cal Builders Inc. Shawn Salah, President/CEO Bidder Authorized Signature/Title XIII 7 Subscribed and sworn to (or affirmed) before me on this day of , 2024 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public [SEAL] My Commission Expires: SEE ATTACHED FOR NOTARY 14 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 Subscribed and sworn to (or affirmed) before me on this 11th day of March , 20 24 , by Shawn Salah proved to me on the basis of satisfactory evidence to be the per o o a e e�or e. 10f r JO-AN GUINO REEVES Notary Public - Caiifornla Z T Orange County > ission ° Comm.Expires N an 31, �L r `'�i0•"�° 436731 My om. Expires Jan 31, 2027 (Seal) Signature City of Newport Beach CENTRAL LIBRARY ELEVATOR MODERNIZATION PROJECT NO. 23F02 CONTRACT NO. 8939-1 DESIGNATION OF SURETIES Bidder's name Armstrong Cal Builders Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Bid/Performance/Payment Bonds: The Gray Casualty & Surety Company 1225 West Causeway Approach, Mandeville, LA 70491 (76m_ _�35 Agent/Broker: Alliant Insurance Services Inc. 685 E. Carnegie Dr., Suite 265 n Rernardinn (`A 99408 Insurance - General Liabil Contact: Adriana Valenzuela - (909)471-6383 Jmbrella/Excess Liability: Kinsale Insurance Com Automobile Liability: Infinity Select Insurance Company Workers's Compensation & Employers' Liability: Midwest Employers Casualty Co. Insurance Agent: Prince Financial Insusrance Services 444 W. Ocean Blvd., Suite 1102 Contact: Fayez Kabour - (562) 473-4444 15 City of Newport Beach CENTRAL LIBRARY ELEVATOR MODERNIZATION PROJECT NO. 23F02 CONTRACT NO. 8939-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Armstrong Cal Builders Inc. Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2023 2022 2021 2020 2019 Total 2024 No. of contracts 0 6 2 2 3 0 13 Total dollar Amount of 0 8340 1250 850 500 0 10940 Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost 0 0 0 0 0 0 0 Workday Cases No. of lost workday cases involving permanent 0 0 0 0 0 0 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Armstrong Cal Builders Inc. Business Address: P.O Box 249, Stanton, CA 90680-0249 Business Tel. No.: 562-837-8130 State Contractor's License No. and Classification: 990992 B, A Title General Building, General Engineering The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Shawn Salah Date 3/07/2024 Title President/CEO Signature of bidder N/A Date Title Signature of bidder N/A Date Title Signature of bidder N/A Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] SEE ATTACHED FOR NOTARY 17 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE g 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 11 March 2024 Date personally appeared before me, Jo -an Guino Reeves, Notary Public Here Insert Name and Title of the Officer Shawn Salah NaMe(d) of Signer(d) who proved to me on the basis of satisfactory eviden o be the person(Xwhose nam*hbis are subscribed to the within instrument and acknowled ed to me the she/they executed the same er/their authorized capacity(i�s), and that b his ter/their signatur ) on the instrument the person(s), or the entity upon behalf of whic�{1_ the perso ac ed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing f JO-AN GUINO REEVES paragraph is true and correct. T = Notary Public • California Orange County WITNESS my hand and official seal. r +° Commission N 2436731 �! My Comm. Expires Jan 31, 2027 ram+ Place Notary Seal and/or Stamp Above Signature OPTIONAL of Notary Public Completing this information can deter alteratidVof the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: !✓�i®;�Sf�'[�:d¢�@!8:ffi${$!8�&'1343:ti+@'e8i8:@�i»$:@:��i8t@i8'F3�SSr�#3�T3�13>f34F�:$�t!}iHHi${$!(3:F3;ff.�Qd@+84&'F3iti�` '�tSE1�lF#I3�1� ©2019 National Notary Association rmstrong BOARD OF DIRECTOR'S AUTHORIZATION ACTION TAKEN BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF ARMSTRONG CAL BUILDERS INC. The undersigned, constituting all of the Director of Armstrong Cal Builders Inc., a California corporation, acting under the authority of California Corporations Code Section 307(b) and the bylaws of this corporation, hereby consent to the following actions by the board of director: The following resolutions are hereby adopted: WHEREAS, this corporation desires to engage in the continuous bidding of Public Works Construction Projects WHEREAS, the bidding of such projects requires the execution of contract document and the execution and delivery of bid submittal documents pursuant to the Bid Documents and specifications of the Project (s) in question; and WHEREAS, this Board of directors has determined that it is in the best interest of this corporation to execute and deliver such documents; NOW, THEREFORE, BE IT RESOLVED, that Shawn Salah, as the President of this Corporation, is hereby authorized and empowered to execute and deliver all necessary bid submittal documents on behalf of this corporation; and RESOLVED FURTHER, that the officer of this corporation be and they hereby are authorized and directed to execute any and all instruments, documents and agreements and to do any and all other acts and deeds necessary or proper to carry into effect the foregoing resolutions. Dated: January 1, 2023 esident Shawn Salah 3130 E. Willow St., Signal Hill, CA 90755 I CSLB #990992 I DIR: PW-LR-1000885560 biddin rr armstronecalbuilders.com I armstron acalbuilders.com City of Newport Beach CENTRAL LIBRARY ELEVATOR MODERNIZATION PROJECT NO. 23F02 CONTRACT NO. 8939-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Armstrong Cal Builders Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Si natule 3/06/2024 iN CitV of Newport Beach CENTRAL LIBRARY ELEVATOR MODERNIZATION PROJECT NO. 23F02 CONTRACT NO. 8939-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Armstrong Cal Builders Inc. Business Address: P.O. Box 249, Stanton, CA 90680-0249 Telephone and Fax Number Phone: 562-837-8130 Fax: NIA California State Contractor's License No. and Class: 990992 B, S (REQUIRED AT TIME OF AWARD) Original Date Issued: 3/03/2014 Expiration Date: 3/31/2026 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: Odai Ankeer, Project Engineer 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 Shawn Salah President/CEO P.O. Box 249, Stanton, CA 90680-0249 562-837-8130 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No N ya Have you ever failed to complete a project? If so, explain. No 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 com liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Ye No 20 Are any claims or actions unresolved or outstanding? Yes�L�Lo� 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. Shawn Salah (Print name of Owner or President of Corporation/Company) Armstrong Cal Builders Inc. Shawn Salah Bidder Authorized Signa ure(1 ' 3/07/2024 Date On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public In and for said State My Commission Expires: (SEAL) PLEASE SEE ATTACHED FOR NOTARY 21 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 a8;i#3�8�i3t{�'B'��c�€�€+56€;�€�;_€:€+�C��:Atli.'li�lh�EGf�i3sn,S:L�}��'9i3s�fif§:€�r:@:2.9ti�:§:€7$S:R:!'�'d34f�tkf.. 3`ii�•.:?��'�'->��+� 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 11 March 2024 Date personally appeared before me, Jo -an Guino Reeves, Notary Public Here Insert Name and Title of the Officer Shawn Salah Narrie(d) of Signer(d) who proved to me on the basis of satisfactory eviden o be the person,(8) whose nam to the within instrument and acknowledged to me tha li /she/they executed the same authorized capacity(ys), and that b�f l /her/their signature,() on the instrument the per: upon behalf of which the person(l' a- ted, executed the instrument. �� JO•AN GUINO REEVES a•' Notary Public • California w Orange County T Commission k 2436731 My Comm. Expires Jan 31, 2027 Place Notary Seal and/or Stamp Above are subscribed ier/their or the entity I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL of Completing this Information can deter alteration e difcurhent or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer— Title(s): Q Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: t;itta�t€��i.•irs0tsOrtf���>t;�>>�a��s0;�.t��€ti�f�ttrttst��:tt<�aa�&esa�Btifs ©2019 National Notary Association CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 Central Library Elevator Modernization Project CONTRACT NO. 8939-1 ' ®ATE: 2��� .���� BY: `r D' 7put Public Works Director/City Engineer TO: ALL PLANHOLDERS AND BIDDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. A. NOTICE INVITING BIDS Bid opening date: CHANGE the bid opening date and time to the Thursday, March 14, 2024 at 2:00 PM. B. PLANS No changes. C. ARCHITECT'S PROJECT MANUAL a. Revise Specification 14 24 00 — Hydraulic Elevators i. Subsection 1.3 F: removed hoistway and pit from scope of work for smoke sensing devices. users,pbwishare9f.conuacts,fy23-2dcurrenp100_fn;illties`immp`centiibreleaatormdmlztnc3939-1_23fO2tbiddocslg3a,addendumno 2 9133.dac< ii, Subsection 1.3 K: deleted the security keypad section. iii. Subsection 1.4 D: deleted sentence for structural modifications of walls and floors. iv. Subsection 3.2 B: corrected the Floor to Floor Performance Times. v. Subsection 2.3 D: deleted Extra Drilling section. D. REQUEST FOR INFORMATION Q1: is there currently an estimated mobilization date? Al: The Contractor that is awarded the project shall coordinate with the City on the Notice to Proceed date in a timely manner. Q2: During the job walk, the question was asked on how and who was allowed to bid the project. Could you please clarify if only the attendees are allowed to bid as a prime contractor? A2: Only attendees of the mandatory pre -bid meeting are able to submit a bid as a prime contractor for this project. The list of attendees of the mandatory pre -bid meeting is posted on PlanetBids. Q3: If the attendee is a subcontractor, are the prime bidders restricted to using only the companies attending the job walk as subcontractors? A3: No, subcontractors are NOT required to have attended the pre -bid meeting. Q4: In the specification section 14 24 00, there are three different contractor designations. Can you please clarify Owner's Contractor, Contractor, and Elevator Contractor as they relate to the specific section. For instance, does the term "Contractor" mean the Owner's Contractor, or the Elevator Contractor, or a separator contractor? A4: All the work in the plans and specifications are to be performed by the winning bidder and their subcontractors only. Any reference to a "contractor" including all terms mentioned in the question above that appears in the specifications or plans refers to the prime and/or subcontractor on the winning bid. Q5: Specification Section 14 24 00 1.3 F calls for smoke sensing devices in the hoistway and the pit. Smoke devices are not allowed in the pit due to access requirements. Can the smoke detectors be eliminated from the pit and hoistway? A5: Yes, this scope of work has been removed from the project specifications, See attached revised Specification Section 14 24 00. Q6: Specification Section 14 24 00 1.3 N calls for card readers at each hall station. Item K asks for a keypad at the second -floor hall station. How is this configuration suppose to function? Does the card reader override the keypad or vice versa? iskrscr5lpLn'asllarcdlcontraclsUy23-24 currene,100_facililiesWomplcenl Iibr elevator nld(nIYln c0939-1_23f021bid docslq&aladdundum no. 2 9333.docs A6: The keypad has been removed from the scope of work. See attached revised Specification Section 14 24 00. Q7: Specification Section 14 24 00 1.5 calls for wiring to be installed in "pipe conduit". Is EMT electrical conduit acceptable? A7: EMT with compression fittings are permitted. Penetrations shall be with RMC sleeves. 08: Specification Section 14 24 00 1.8 G calls for a complete set of control boards and components. Is this a complete set per elevator? AB: Yes, specifications indicate one set for every type of board and controller component to be installed. Q9: Specification Section 14 24 00 1.8 G calls for a complete set of control boards and components. Can this provision be deleted? A9: No, Contractor shall furnish and install equipment as specified. Q10: Specification Section 14 24 00 2.1 S calls for remote monitoring capabilities, can this section be deleted? A10: No, Contractor shall furnish and install equipment as specified. Q11: Specification Section 14 24 00 2.1 U calls for Emergency Power Operation. This conflicts with Specification 14 24 00 2.2 which covers battery lowering. Which is required? All 1: Both are required. Emergency power operation shall be installed for future use. Q12: Specification Section 14 24 00 2.13 D calls for coaxial cable to be terminated in the hoistway. Can this cable be terminated in the machine room? All 2: Yes, coaxial cable can be terminated in the machine room. Q13: Specification Section 14 24 00 2.17 B calls for existing platforms to be fireproofed. Are the current platforms not fire rated? A13: Assume the current platforms meet code requirements for fireproofing in the bid price. Q14: Specification Section 14 24 00 2.19 A can you please clarify this section? is the elevator contractor responsible for quoting and performing the cab renovation? A14: Yes, elevator contractor is responsible for installing the cab renovation. The price for the cab renovation shall be included in the bid price. i?.users\pbwlsltared\contrnctslly23 24 current\100_Fac!INesllmmptconl libr elevator mdIn! ztn o0939.1_200216id docelg&a\addendum nd. 2_9333,daex Q15: Specification Section 14 24 00 2.19 B calls for handrail on rear wall. For Car #1 with the front and rear entrances, should handrail be placed on side wall? Additionally, should this elevator have two (2) handrails? A15: Yes, for Car #1 handrail shall be installed on the side wall. Only one (1) handrail is required per car. Q16: Specification Section 14 24 00 2.19 B calls for stainless steel interiors for the elevators. Elevator 1 has a custom stainless steel panel finish. Should these panels be replaced? A16: Yes, these panels shall be replaced per the specifications. Q17: Specification Section 14 24 00 2.2 H calls for in -car voice annunciators. Cars have only two landings. Can this device be deleted? A17: No, in -car annunciators shall be included in the bid price. Q18: Specification Section 14 24 00 2.6 A calls for a Lobby Position Indicator. Existing equipment does not have this feature. Can this feature be deleted? A18: No, Lobby Position Indicator work shall be included in the bid price. Q19: Specification Section 14 24 00 3.2 B Elevator #1 is rated at a slower speed (80 fpm vs 100 fpm) but is specified to perform faster than Elevator #2 (18 seconds vs. 20 seconds). Are we required to increase the speed of Elevator #1? A19: No, the speed for Elevator #1 shall NOT be increased. See attached revised Specification Section 14 24 00 with the corrected speeds. Q20: Specification Section 14 24 00 2.3 D Extra Drilling. Is this provision for anticipated drilling to install the new elevator jack? Are we to assume that the existing wellhole is cased, deep enough, and will accept the new jack unit and PVC casings? A20: Section 2.3 D Extra Drilling has been removed from the specifications. See the attached revised specifications. The bid price shall include the cost to remove the existing jack and install the new jack. The assumptions in the above question seem reasonable. Q21: Specification Section 14 24 00 2.3 D Extra Drilling. Are we to include in our base price re -drilling of the wellhole and removal of the existing casing? A21: See responses to Questions 20. Q22: Specification Section 14 24 00 2.3 D Extra Drilling. Is this provision only for unforeseen drilling conditions such as water or wellhole collapse? A22: See response to Question 20. iAuserskpbYAshare&r:onlracts\fy23-2d curront%100_ fadiGaWnimplcent lib, ekwaIor mdrniztn c-6939-'I _2TONiid docskq&aXaddendum im 2_9333.dou Q23: Specification Section 14 24 00 2.5 1 oil removal will require the owner to provide an EPA number for the disposal of hazardous waste material. Will owner provide the required EPA number? A23: Yes, the owner will provide the EPA number if required. Q24: Specification Section 14 24 00 1.4 D asks us to "Identify any structural modifications ... for equipment to be properly installed." Who will be responsible for these modifications? A24: This has been removed from the scope of work. See revised Specification Section 14 24 00. Q25: Will there be an additional job walk to review Elevator #1 since it was out of service during the initial job walk? A25: No, it was confirmed with all attendees of the pre -bid meeting that an additional walk was not necessary if photos were provided. Photos of Elevator #1 are attached to this addendum. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. A bid may be deemed unresponsive unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Armstrong Cal Builders Inc. Bidder's Name (Please Print) 3/07/2024 Date Shawn Salah, President/CEO Authorized Signature & Title Attachments: 1. Revised Specification Section 14 24 00 2. Elevator #1 Photos islusmslpbtvlsharedlcontractsVy23-2,1 curre1111100_facillliesUmmpkenl libr elevator mdrniztn c-0939-1_2302MAd docslq&aladdendum no. 2_9333.docx City of Newport Beach CENTRAL LIBRARY ELEVATOR MODERNIZATION PROJECT NO. 23F02 CONTRACT NO. 8939-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 8939-1 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: 3/14/2024 Date 562-837-8130 FX: n/a Bidder's Telephone and Fax Numbers 990992 B, A Bidder's License No(s). and Classifications) 1000885560 DIR Registration Number Bidder's email address: Armstrong Cal Builders Inc. Bidder Shawn Salah, President/CFO Bidder's Authorized Signature and Title P.O. Box 249, Stanton CA 90680-0249 Bidder's Address bidding@armstrongcalbuilders.com PR-1 City of Newpai Beach Central Library Elevator Modernization (3939-1), bidding on 03/14/2024 2:00 PM (PDT) Page 1 of 4 Printed 05/15/ 2024 Bid Results Bidder Details Vendor Name Armstrong Cal Builders Inc. Address P.0 Box 249 Stanton, California 90680 United States Respondee Shawn Salah Respondee Title President/CEO Phone 562-837-8130 Email bidding@armstrongcalbuilders.com Vendor Type CADIR License # 990992 CADIR PW-LR 1000885560 Bid Detail Bid Format Electronic Submitted 03/14/20241:47 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 367159 Respondee Comment Buyer Comment Attachments File Title File Name File Type BID SUBMITTAL C-9009-2 Armstrong Cal Builders Inc.pdf BID SUBMITTAL C-9009-2 Armstrong Cal Builders Inc.pdf General Attachment Bid Bond. C-9009-2 Armstrong Cal Builders Inc.pdf Bid Bond. C-9009-2 Armstrong Cal Builders Inc.pdf Bid Bond Bid Bond. C-9009-2 Armstrong Cal Builders Inc.pdf Bid Bond. C-9009-2 Armstrong Cal Builders Inc.pdf Bid Bond PlanelBids City of Newport Beach Central Library Elevator Modernization (3939-1), bidding on 03/14/2024 2:00 PM (PDT) Page = of 4 Printed 05/15/2024 Subcontractors Showing 2 Subcontractors Name & Address AZTech Elevator Company 4031 Goodwin Ave. Los Angeles, California 90039 CALIBA INC. 8031 MAIN STREET STANTON, California 90680 Desc License Num Elevator 978449 Electrical Works 657694 CADIR Amount Type 1000011959 $545,750.00 1000041461 $65,000.00 CADIR, DGS PlanetBids City of Newport Beach Page 3 of 4 Central Library Elevator Modernization (8939-1), bidding on 03/14/2024 2:00 PM (PDT) Printed 05/15/2024 Line Items Discount Terms No Discount Item # Item Cade Type Item Description UOM QTY Unit Price Line Total Response Comment _I Section $1,023,500.00 1 Mobilization and Demobilization LS 1 $175,000.00 S175,000.00 Yes 2 Construct Staff and Public Elevator Improvements LS 1 $848,000.00 $848,000.00 Yes - 3 As-BUIRs LS 1 $500.00 $500.00 Yes PlanetBids City of Newport Beach _ Central Library Elevator Modernization (8939-1), bidding on 03/14/2024 2:00 PM (PDT) Page 4 of 4 Printed 0511512024 Line Item Subtotals Section Title Section 1 Grand Total Line Total $1,023,500.00 $1,023,500.00 PlanetBids CENTRAL LIBRARY ELEVATOR MODERNIZATION CONTRACT NO. 8939-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd day of April, 2024. ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ARMSTRONG CAL BUILDERS, INC., a California corporation ("Contractor"), whose address is 8031 Main Street, Unit A, Stanton, CA 90680, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of two (2) full interior elevator cab renovations, replacing existing fire alarm control panel and associated electrical components and all other incidental items to complete the work in place required by the Contract Documents at the Newport Beach Central Library located at 1000 Avocado Avenue, Newport Beach, 92660 (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 8939-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million Twenty Three Thousand Five Hundred Dollars ($1,023,500.00). 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 Shawn Salah to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for Armstrong Cal Builders, Inc. Page 2 payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Shawn Salah Armstrong Cal Builders, Inc. 8031 Main St Unit A Stanton, CA 90680 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 Armstrong Cal Builders, Inc. Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. Armstrong Cal Builders, Inc. Page 4 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774 and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract 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 Armstrong Cal Builders, Inc. Page 5 Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless 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. Armstrong Cal Builders, Inc. Page 6 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seg., 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 seg., 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 Armstrong Cal Builders, Inc. Page 7 non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 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. Armstrong Cal Builders, Inc. Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Armstrong Cal Builders, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: z4 By: a on C. Harp Ci y Attorney ATTEST: Date: 5 M c Leilani I. Brown City Clerk vuP aRT CITY OF NEWPORT BEACH, a California mupicipal corporation Date: .So%o-z / By: Will O'Neill Mayor CONTRACTOR: ARMSTRONG CAL BUILDERS, INC., a California corporation Date: Signed in Counterpart By: Shawn Salah Chief Executive Officer, Chief Financial Officer, Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Armstrong Cal Builders, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: W 12�1 ZK By: WAojt (Np ron C. Harp Gi y Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONTRACTOR: ARMSTRONG CAL BUILDERS, INC., a California corporation Date: Or I (>�-fjq By: Shawn alah Chief Executive Officer, Chief Financial Officer, Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Armstrong Cal Builders, Inc. Page 10 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer cornpleting 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 8 May 2024 Date before me, Jo -an Guino Reeves, Notary Public personally appeared Shawn Salah Here Insert Name and Title of the Officer Name(d) of who proved to me on the basis of satisfactory evidence to be the personVwhose name is re subscribed to the within instrument and acknowl ed to me that i she/they executed the same i ' /her/their authorized capacity(i/s), and that by hi her/their signature/) on the instrument the person(s), or the entity upon behalf of which the person) acted, executed the instrument. JO-AN GUINO REEVES Notary Public - California m Orange County T Commission # 2436731 My Comm. Expires Jan 31, 2027 Place Notary Seal and/or Stamp Above 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 anp Signature OPTIONAL I seal. of Notary Public Completing this information can deter alteration the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ***Executed in Triplicate*** Bond No. SO44289 EXHIBIT A Premium: Included in Performance Bond CITY OF NEWPORT BEACH BOND NO. Bond No. SO44289 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Armstrong Cal Builder, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of two (2) full interior elevator cab renovations, replacing existing fire alarm control panel and associated electrical components and all other incidental items to complete the work in place required by the Contract Documents at the Newport Beach Central Library located at 1000 Avocado Avenue, Newport Beach, 92660, 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, Employers Mutual Casualty Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million Twenty Three Thousand Five Hundred Dollars ($1,023,500.00) 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. Armstrong Cal Builders, 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 California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. 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 29th day of April , 2024 . Armstrong Cal Builders Inc. Name of Contractor (Principal) Employers Mutual Casualty Company Name of Surety 16150 N. Arrowhead Fountains Drive Suite 350, Peoria, AZ 85385 Address of Surety 623-760-1563 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 7 / I'1 /2- 4{ In Won C. Harp S/'ems City Attorney y/Zx wsL �7> Authori d Signatur /Title Au orized Agent Si ature Adriana Valenzuela, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Armstrong Cal Builders, Inc. Page A-2 CALII�ORMIA ACKNOWLEDGMEN'-f CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange Oil 2 May 2024 Date personally appeared before me, Jo -an Guino Reeves, Notary Public Shawn Salah Here Insert Name and Title of the Officer Name(d) of Signer(d) who proved to me on the basis of satisfactory evidence to be the person(4 whose name re subscribed to the within instrument and acknowledged to me thalGshe/they executed the same in i er/their authorized capacity(ies), and that byoher/their signature(s) on the instrument the persornX or the entity upon behalf of which the personif acted, executed the instrument. W' 4Ea'.OF ryF aJO-AN GUINO REEVES Notary Public California z `_ =�-. _m Orange County ; Commission N 2436731 z r `' 00."' My Comm. Expires Jan 31, 2027 + Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL of Notary Completing this information can deter alteration f th dbebment or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ? ss. On , 20 before me, , Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Armstrong Cal Builders, Inc. Page A-3 P.O. Box 712 • Des Moines, Iowa 50306-0712 %emc INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1, Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: Adriana Valenzuela its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s): Surety Bond Principal: Number Armstrong Cal Builders, Inc. SO44289 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be 22nd day of September , 2022 . Seals .P�co 11NSUggry. Y ' -: 4•.LpPPOR.Gr �'C', z SEAL_ 2= 1863�1953IOWA =< ' * IOWP•} o��R '�130��• IImp, ;�SU AANCF '. : •�'NSUAq,�C'.., � �U,Uq ,'�'' , `•yC�: pPpOR„r .C, - FP �pPON",, C, ��Cy: nFPORgr .9SG '' w: SEAL '?_ o: SEAL SEAL w � •t • Os' aaF•: • >f ,IOWP`* • '•�ORiI{'pPKOP•• ,� �MOINES.PO`. wo KATHY IOVERIDGEw riulonNwim780769 October to,, ZM for each by their officers as shown, and the Corporate seals to be hereto affixed this (. 1 �,411 4'e, . �cP eott R. Jean, ident & CEO Todd Strother, Executive Vice President of Company 1; irman, President Chief Legal Officer & Secretary of EO & Cof Com nies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6 On this 22nd day of September 2022 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President, Executive Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2025. CERTIFICATE 0411:.(G.l1LLJ Notary Publi in and for the State of owa I, Ryan J. Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 22nd day of September , 2022 , are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 29th day of April , 2024 Vice President 7851 (9-22) SO44289-NA J0565 911 AC 008782 "For verification of the authenticity of the Power of Attorney you may call (515) 345-7548." STATE OF CALIFORNIA DEPARTMENT OF INSURANCE NQ 07690 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Employers Mutual Casualty Company Of Des Moines, Iowa , organized under the laws of Iowa subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, ;Common Carrier Liability, Boiler and Machinery, Burglary, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the Yth day of March 2003 , I have hereunto set my hand and caused my official seal to be affixed this Yth day of March 2003 By for Ida icOd C—v -L Acting NOTICE: Qualification with the Secretary of State must be accomplished as required by th rations Code p after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and v grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FORM CB-3 EC—) OSP DO 39391 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On APR 2 9 2024 Date personally appeared before me, Kassandra De Leon, Notary Public Here Insert Name and Title of the Officer Adriana Valenzuela Name(p) of Signer(p) who proved to me on the basis of satisfactory evidence to be the person($) whose name($) is/ire subscribed to the within instrument and acknowledged to me that He/she/toey executed the same in hjs/her/tf eir authorized capacity(ips), and that by hJs/her/their signature(b) on the instrument the person(p), 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. KASSANDRA DE LES WITNESS my hand and official se I. c'I COMM. #2408438 z Notary Public California o z' Orange County Signature My Comm, Expires July 15, 2026 Signature of lotary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I-1 Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02015 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item#5907 Bond No. SO44289 Premium: $11,754.00 ***Executed in Triplicate*** EXHIBIT B Premium is for the contract term and is ffsubject to adjustment based on CITY OF NEWPORT BEACHInal contract price BOND NO. Bond No. SO44289 FAITHFUL PERFORMANCE BOND The ppremium charges r� this Bond is $ 11,754.00 ,being at the $?4.40 Per Thousand - first $?00,00 rate of $14.40 Per Thousand - Next�o 00o thousand of the Contract price. 8Wo e�Thousa�remaimng 4,,0500 WHEREAS, the City of Newport Beach, State of California, has awarded to Armstrong Cal Builders, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of two (2) full interior elevator cab renovations, replacing existing fire alarm control panel and associated electrical components and all other incidental items to complete the work in place required by the Contract Documents at the Newport Beach Central Library located at 1000 Avocado Avenue, Newport Beach, 92660, 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 Employers Mutual Casualty Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Twenty Three Thousand Five Hundred Dollars ($1,023,500.00) 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. Armstrong Cal Builders, 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 29th day of April 2024 Armstrong Cal Builders Inc. Name of Contractor (Principal) Employers Mutual Casualty Company Name of Surety 16150 N. Arrowhead Fountains Drive Suite 350, Peoria, AZ 85385 Address of Surety 623-760-1563 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:,' ►�t /�L( By: A r n C. Harp ,r,42 Clq Attorney '% y Authoriz ignature itle Autho ' Agent Sign to Adriana Valenzuela, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Armstrong Cal Builders, Inc. Page B-2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the CIOCUmeut to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 2 May 2024 before me, Date personally appeared Shawn Salah Jo -an Guino Reeves, Notary Public Here Insert Name and Title of the Officer Name(d) of Signer(d) who proved to me on the basis of satisfactory evidence to be the personKwhose name(s)Vare subscribed to the within instrument and acknowledged to me tha/she/they executed the same in his/her/their authorized capacity(iA and that his/her/their signa urA on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. JO-AN GUINO REEVES Notary Public - California <. Z Orange County ?E r� n FIFOF My Commission a 2436731 Comm. Expires Jan 31, 2027 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL of Notary Completing this information can deter olterati n ol the d6cument or fraudulent reattachment of this form to an un7nWnded document, Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, , Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Amistrong Cal Builders, Inc. Page B-3 P.O. Box 712 • Des Moines, Iowa 50306-0712 *emc INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: Adriana Valenzuela its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s): Surety Bond Principal: Number Armstrong Cal Builders, Inc. SO44289 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be 22nd day of September , 2022 , Seals z- SEAL;_ z= 1863�;, 1953 K IOWA- ' `;�,URAryCF. `yOp: CO : �rL`00 AL ,i��`OPPORgr.�N'?`v�ppRR"C9S�. pPPiI R.�<. :- w: SEAL'?_ -o; SEALY ySEAL g RIF'�DPKp. 'L�OWES. t[ATtiY LOVERIDGE p ® CortrMsslrn HunbEr 7�SI�0�7a6.1 rely C � n202S for each by their officers as shown, and the Corporate seals to be hereto affixed this �. 5 cott R. Jean, ident & CEO Todd Strother, Executive Vice President of Company P e 1; irman, President Chief Legal Officer & Secretary of & CEO of Com nies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6 On this 22nd day of September 2022 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President, Executive Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2025. U VJ/Jl.L-L! Notary Publi in and for the State of owa CERTIFICATE I, Ryan J. Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 22nd day of September , 2022 , are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 29th day of April 2024 Vice President 7851 (9-22) SO44289-NA J0566 911 AC 008782 "For verification of the authenticity of the Power of Attorney you may call (515) 345-7548." STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 07690 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Employers Mutual Casualty Company Of Des Moines, Iowa , organized under the laws of Iowa subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 4 th day of March 2003 , I have hereunto set my hand and caused my official seal to be affixed this 4th day of March 2003 By NOTICE: n "AFA J for Ida odrow -Acting Qualification with the Secretary of State must be accomplished as required by thb-�r� ations Code pl-eq after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and t grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FORM C0-3 Ec-) OSP 00 39391 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On A P R 2 9 2024 before me, Date personally appeared Kassandra De Leon, Notary Public Here Insert Name and Title of the Officer Adriana Valenzuela Name(,) of Signer(p) who proved to me on the basis of satisfactory evidence to be the person($) whose named) is/.je subscribed to the within instrument and acknowledged to me that He/she/they executed the same in h%s/her/tf eir authorized capacity(ips), and that by hjs/her/their signature(h) on the instrument the person(p), or the entity upon behalf of which the person(s) acted, executed the instrument. KASSANDRA DE LEA o yY COMM. #2408438 z _ o Notary Public •California � Z Orange County o My Comm. Expires July 15, 2026 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Signature Signature of ,rotary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Armstrong Cal Builders, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed Armstrong Cal Builders, Inc. Page C-2 documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher Armstrong Cal Builders, Inc. Page C-3 limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Armstrong Cal Builders, Inc. Page C-4 co GT C-i !Z �lu en co as 60- Cl to 2 W < ry) CL r �E z O it cool i ca .L4 I CA to of Ch Io LLJ —ID o LU L I �o i E S LU L) u ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTIC ESCROW # 2296 DINER SANK This Escrow Agreement is made and entered into on the 16" of July 2024, by and between City of Newport Beach, whose address is 100 Civic Center Drive, Newport Beach, CA 92660, hereinafter called "Owner"; Armstrong Cal Builders, Inc., whose address is PO Box 249, Stanton, CA 90680 hereinafter called "Contractor", and Banner Bank, a State chartered bank, whose address is 5901 Priestly Drive Suite 160, Carlsbad CA 92008, hereinafter called "Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: (1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for the Central Library Elevator Modernization Proiect in the amount of ***One Million Twenty Three Thousand Five Hundred Dollars and Zero Cents*** ($1,023,500.00) dated April 23, 2024 (hereinafter referred to as "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of City of Newport Beach, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. (4) Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. Escrotiv Agreement — revised 312012019 5901 Priestly Dr., Ste. 160 Carlsbad, California 92008 112t (760) 448-8301 • bannerbank.com EQUAL HOUSING LENDER Member FDIC, Equal Housing Lender LE Page 1 of 3 (7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by Owner. (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely upon the written notification from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10)The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: City of Newport Beach On behalf of Escrow Agent: Banner Bank Title: Escrow Administrator Name: Francisca Pardo Signature: 5901 Priest riv Suite 160, Carlsbad, CA 92008 On behalf of Contractor: Armstrong Cal Builders, Inc. Title: CEO Name: Shawn Salah Si tore: P. O. Box 249, S o A 90680 Escrow Agreement — revised 312012019 Page 2 of 3 (11) By signing this Agreement, Contractor is: (a) requesting Owner to make payment of retention earnings directly to Escrow Agent, (b) choosing not to deposit securities as a substitute for retention earnings, and (c) agreeing not to direct the investment of payments of retention earnings into securities. The parties understand if Contractor desires to change any of the foregoing, the escrow will need to be transferred to a different escrow agent (12)This Agreement may be executed in any number of counterparts, and by the different parties in separate counterparts, each of which when so executed and delivered shall be an original. The executed signature page(s) from each counterpart may be joined together with and attached as one such original and shall constitute one and the same instrument. This Agreement, to the extent signed and delivered by electronic means, shall be treated in all manner and respects as an original agreement and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. Both Parties agree that an electronic copy of this Agreement shall be deemed to be an original of this Agreement for all purposes. The Parties also agree that notice for all purposes under this Agreement may be made by electronic communications to the email addresses contained in this Agreement, or as updated by an applicable Party. At the time the escrow account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fiilly executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officer on the date first set forth above. City of Newport Beach Title: F4)ande ViYee-f by Name: X2S6h 1 �� rY1QN'1 Signature: 90ft &'&MM 100 Civic Ceirte Drive, Newport Beach, CA 92660 r Approved: on . arp, ►ty ttorney Dated. IZ/0 A 12,q — Escrow Ageeement— revised 312012019 Armstrong Cal Builders, Inc. Title: CEO Name: Shawn Salah Signafore: 69fll-1 �" P. O. Box 249, SeK CA 90680 Leila*'rrliv, iC, City Clerk Page 3 of 3