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HomeMy WebLinkAboutC-9394-1 - Central Library Kitchen Remodelti CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 Before 2:OOPM on the 12t" day of September, 2024, at which time such bids shall be opened and read for Contract No. 9394-1 $1821800 Engineer's Estimate Approved by Jaynes M. Houlihan Duty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 MANDATORY PRE -BID SITE WALK: A mandatory job walk will be conducted for this project on August 28112024 at 8:00 a.m. at Newport Beach Central Library located at 1000 Avocado Ave, Newport Beach, CA 92660 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19t" Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "B" For further information, call Kyle Aube, Project Manager at (949) 644-3296 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor- registration City of Newport Beach CENTRAL LIBRARY KITCHEN REMODEL Contract No. 9394-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)...................................................................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 2 City of Newport Beach CENTRAL LIBRARY KITCHEN REMODEL Contract No. 9394-1 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 before the bid opening) 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. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office before the Bid Opening. 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. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. 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. 8. 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) 7034-4774, 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 tabor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subl'ettingi and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 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 beep reviewed. 1059471 and Class B A�� I -A President Contractor's License No. & Classification Authorized Signature itle 1001044213 & Exp Date 06/30/2027 09-11-2024 DIR Registration Number & Expiration Date Date Triangle Decon Services, Inc. Bidder 5 City of Newport Beach CENTRAL LIBRARY KITCHEN REMODEL Contract No. 9394-1 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 the Amount Bid Dollars ($ 10% of amount bid ), 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 KITCHEN REMODEL, Contract No. 9394-1 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. ' /k Witness our hands this fir: day of September , 2024. Triangle DeCon Services, Inc. L-- ( Pc -C-� t Name of Contractor (Principal) Author' ed Sig tureffitle U.S. Specialty Insurance Company /i*/U F �o Name of Surety Author' ed"A e t`%nature ,�`"r 0 "Ns. 1 MacArthur PI Suite 550 Santa Ana, CA 92707 Tracey Lawrence, Attorneydn-fact Address of Surety Print Name and Title 40' 310-957.3073 `q, 1t,�� Telephone ►������, (Notary acknowledgment of Principal & Surety must be attached) U RATF a ~r SEAL 4i,z; f FOWO, . D IUD ,E l•F1 G'a_3Li -I A. I 6 DOCUMENT 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 al for County of AVZV51) SS. On 20 befog me, ! Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to b6 the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same In his/her/their authorized capacity(les), and that by his/herltheir 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. OtN�' MITH ANN JACKSON Notary Puhdc - Cm{fornla WITNESS my hand and off<cial seal,Commission; 21933Ze ty Comm, Expires reb 8. 2026 Si ature (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(les) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer n Check here if no thumbprint or fingerprint Is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of. ;1 �W4 ? ss. On 20,,14 before me,v� �i�J� ti ff 1'11J11i r1� Notary Public, personally appeared_- j�4Vi -1" q e �1 , who proved to me on the basis of satisfactory evidence to be l e persons) 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 Cailfornia that the foregoing paragraph is true and correct. V. KARLA YVETTE HERNANDEZ Notary Public • California WITNESS my hand and official///���ttteah, <*'y orange County Commission N 24710, 2 Comm, Expires Jan 10, 2028 (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document, State of California County of . ) ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) TOKIO MARi NE HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS; That, US. SPECIALTY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the Stale of Texas, and having Its principal office In Houston, Harris County, Texas, does by these presents make, constitute and appoint, its true and lawful Attorney -in and dellverbond number BE In an amount not to exceed_ Said appointment Is made u Company, TRACEY LAWRENCE power and authority hereby conferred In Its name, place and stead, to execute, acknowledge . Issued In the course of Its business and to bind -the Comganv therebv, Insurance "Be 11 Resolved, that the President, any Vice -President, any Assistant Mce-President, any Secretary or any Assistant Secretary shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -In -Fact to represent and act for and on behalf of the Company subject to the following provisions; Attorney-ln-Fact may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognlzances, contracts, agreements or Indemnity and other conditional or obligatory undertakings, Including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as If signed by the President and sealed and effected by the Corporate Secretary. Be It Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached." Adopted by unanimous written consent In lieu of meeting on September 151, 2011. The Attorney -In -Fact named above may be an agent or a broker of the Company, The granting of this Power of Attorney Is specific to this bond and does not indicate whether the Attorney -in -Fact is or Is not an appointed agent of the Company. IN WITNESS WHEREOF, U.S. Specialty Insurance Company President on this 1811, day of April, 2022, _o`; Its seal to be affixed hereto and executed by Its Senior Vice U.S. SPECIALTY I SURANCE COMPANY Adam S. Pessl ,Senior Vice President A Notary Public or other officer completing this certificate verilles'ohly the Identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles on this 18°1 day of April, 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, Senior Vice President of U.S, Specialty Insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name Is subscribed to the within Instrument and acknowledged to me that he executed the same In his authorized capacity, and that by his signature on the Instrument the person, or the entity upon behalf of which the person acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of CALiFORNIA that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. soHl�o,cnaara , � aviary pvEIIs • (dUanh - Ia+MgetxCauntsyy int missson Y 21987 s0 Signature (seal) �•' NyCvram,tspbeslpr2),20t6 I, Kio Lo, Assistant Secretary of S. Specialty Insurance company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of soldCompanies at Los Angeles, California this 6th da of September 2024 y tnaula�% �o Bond No, t3132024052 yo w�����,���x(((y ; Agency No. 19315 �1 5 Wo Lo, Ass it Secretary Visit lmhco.comisurety for more Informal ion"111milInol"° HWAOZZPOAUSSIC0712023 p y. ..rk :• Surety Group TOMO MARINA 801 S. Figueroa Stroat, suue 700 { H C C Lop Angeles, CA 00017 USA ' Tel: 3I M49-0900 SURETY BOND SEAL ADDENDUM AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS 13ONDINS COMPANY UNITED STATES SURETY COMPANY U,S, SPECIALTY INSURANCE COMPANY Due to logistical Issues associated with the use of traditional seals during this COVID-19 pandemic, American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S, Specialty Insurance Company, (Individually, the "Company" and collectively, the "Companies") have authorized its Attorneys -In -Fact to affix the Companies' corporate seal to any bond executed on behalf of the Companies by any such Attorney -in -Fact by attaching this Addendum to said bond, In addition, the Companies accept digital or digitized signatures as original wet signatures for bond execution. All bonds that are properly executed via digital or digitized signature are valid as If they were executed via physical signature. To the extent this Addendum is attached to a bond that is executed on behalf of any of the Companies by Its Attorney -in -Fact, each Company hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if Its raised corporate seal was physically affixed to the face of the bond. Additionally, each Company hereby agrees that electronic signatures are accepted and given the same validity as physically wet signatures. Dated this V day of April 2020. American Contractors Indemnity Company, Texas Bonding Company, United States Surety J1Company and U,S. Specialty Insurance Company �p�or`�pcTOR)��rai ayoallil,INrtirpq, adaudmuuurpi `��rauwullvigi p+'hMlnsu)q�cry IS r� .�b� ���ff r 1C1.� A a r F% �F •,�to G vrt scrrxs.f�2Qry=.ErY4iYlV�If`I a. g ;, IORi'1A```\�� 11 rr1111H11i11� By: :rWAtA ti— '� YZ Frank Mester, Vice President Reference Information Principal Name: TRIANGLE DECON SERVICES, INC Bondibld Number: BB2024062 Agency Name; HEIS SURETY AND INSURANCE SERVICES, INC, Attorney -in -Fact: TRACEY LAWRENCE Date: September 6, 2024 Nccati PRWKRF 712027 City of Newport Beach CENTRAL LIBRARY KITCHEN REMODEL Contract No. 9394-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Triangle Decon Services, Inc. Bidder E j President Authorized Signature/Title City of Newport Beach CENTRAL LIBRARY KITCHEN REMODEL Contract No. 9394-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Triangle Decon Services, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 Project Name/Number Corona Library Heritage Room Renovation Project Description Interior renovation of heritage room in Corona Library Approximate Construction Dates: From 03/15/24 To: 08/30/24 Agency Name City of Corona Contact Person Moses Cortez Telephone (9083o-0906 Original Contract Amount $ 342,392 Final Contract Amount $ 387,502 If final amount is different from original, please explain (change orders, extra work, etc.) Extra work was performed based on CO's issued by the Agency 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. 0 10 No. 2 Project Name/Number Bldg 26B Writing Center Renovation Project Description Interior renovation of the first floor of writing center Approximate Construction Dates: From 07/15/24 Agency Name Mt. San Antonio Col Contact Person Laura Rule To: 11 /30/24 Telephone (909) 238-8831 Original Contract Amount $155,000 Final Contract Amount $ 155,000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. No. 3 Project Name/Number MWDOC Breakroom Remodel Project Description Interior breakroom remodel for the MWDOC Approximate Construction Dates: From 04/17/24 To: 08/23/24 Agency Name Municipal Water District of OC Contact Person Sarina Sriboonlue Telephone (949) 878-6574 Original Contract Amount $160.000 Final Contract Amount $167,000 If final amount is different from original, please explain (change orders, extra work, etc.) Extra scope of work performed based on CO's issued by the Agency 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. 11 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name To: Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From To: Agencv Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $, To: Telephone ( Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Triangle Decon Services, Inc. AY EWA President Bidder . Authorized Signature/Title 13 T R I N G L E Matt Pirayeh, PE, PMP, DBIA Principal Education B.S., Civil Engineering, Southern Illinois University, Carbondale, IL M.S., Construction Management, University of Southern California, Los Angeles, CA Master of Business Administration, University of Southern California, Los Angeles, CA Licenses/Certifications Licensed Civil Professional Engineer (PE), California, Lic.# C68704 Licensed General Building Contractor, California, Lic.# 1059471 Design Build Institute of America Professional, DBIA, Cert.# D-3501 Project Management Professional (PMP), Cert.# 2317352 About Resume I am a results -oriented and hands-on project development and delivery professional with 23 years of experience with leading construction, CM/PM Consultancies and real estate development firms in U.S.A. and U.A.E. I have gained a solid track record of successful completion of a diverse set of ground -up, expansion, renovation & TI projects from concept to hand -over in private and public sectors by team building and leadership, devising a clear strategic plan and a thorough execution plan, communicating effectively with team members, developing partnerships and building positive relationships across all stakeholders. As a licensed Civil Engineer & General Contractor in California, I have gained a unique understanding of programming and planning projects to structuring the partnerships and agreements to design and deliver a variety of construction projects in Southern California. Project Experience Senior Project Manager; North Orange County Community College District; Measure J Bond Programs, Anaheim, CA (September 2022 — Present). The $520M Measure J Bond Programs include major repair and replacement projects, as well as new construction projects, at 3 college campuses which include Anaheim, Fullerton and Cypress. Projects totaled $25M+ and included ADA Transition Plan development and execution. I was responsible for budget development, design management, value engineering, constructability review, pre -bid RFI control and distribution, bid review and result notification, preconstruction meetings and submittal log preparation, project management, organization of O&M manuals, warranty administration, processing purchase orders and invoices, processing payment applications and other Project Management duties. Senior Project Manager; Los Angeles Unified School District, Measure Q Bond Programs, Los Angeles, CA (October 2018 —September 2022). The $76 Measure Q Bond Programs include major repair and replacement projects, as well as new construction projects, at over700 elementary, middle, and high schools on occupied campuses throughout the District. My projects totaled $450M+ and included ADA improvements, HVAC repairs, infrastructure improvements, and new construction of a $165M, 145,000 SF administration building, competition gym building and complete renovation of historic administration building and athletic fields. I was responsible leading a team of 15 people spread on 12-15 active construction projects responsible for design review, bid documents preparation, bid analysis and evaluation, construction management and close-out. Senior Project Manager; University of California at Riverside, Riverside, CA Memberships & Affiliations (September 2017 —October 2018). Representing University of California DBIA, CMAA, PMI Riverside on $150 million LEED Platinum multi -disciplinary wet/dry research & teaching lab zones, research support spaces, faculty office spaces, Years of Experience collaboration and meeting rooms, dedicated vivarium floor and etc. with an 20+ area of 125,000 ftz procured by Fixed Price Design -Build delivery model. I was responsible for the design development packages, project controls, change management and quality control, managing the Design -Build Team, peer Matt Pirayeh Page 1 of 2 T R I N G L E Resume review consultants, end -users for compliance with contract documents, coordinate with government authorities for Fire & Life Safety, Building Code and Accessibility compliance, tracking soft/hard costs, review and prepare Change Order and for financial control/reporting to the Client. Project Director; Souq Extra Development; Dubai, UAE (January 2017 —September 2017). Reporting directly to CEO, I was in charge of setting up the Client Brief and following through with concept and schematic design development for the two new community retail centers, about 100,000 ft' in DSO and DIP areas. I managed the closeout process and finalized all permits with consultants, contractor & appropriate agencies to obtain the Final Occupancy Certificate for the recently opened 80,000 ft' DSO community shopping center phase 1. 1 managed Consultants for an enhanced design of interior and fa4ade of four operating shopping centers covering an area of over 200,000 ft', prepared bid documents and draft/award the Contract to the lowest bidding Contractor. Project Manager; Louvre Museum; Dubai, UAE (April 2015 —September 2016). This was a $800 million dollar museum consisting of Built -up -Area of 640,000 ftZ and external paved area of 160,000 ft'. I provided leadership and direction to the project team, consultants, contractors and stakeholders to define and implement project deliverables in line with project plans/specs and resolve cross -functional and cross -border issues. I supported Project Director with the establishment of project delivery strategy, planning, implementation, cost control and engineering design review for completeness and constructability. I supported the Commercial Manager with evaluation of contractual entitlements on claims for Extension of Time, delay analysis, correspondences to contractors and consultants and cost/time variations of design related changes. Project Director; Various Private Projects; Irvine, CA (June 2011—March 2015). 1 led and managed all phases of real estate development including predevelopment services, generate feasibility studies, design management, entitlement process, issue RFPs, bidding review, procurement to handover of various commercial assets. I supported the leadership in development of acquisition strategies, annual business plans and financial modeling. I was responsible for proactive risk assessment of consultants and contractors' agreements, establish risk assessment framework for monitoring the performance & progress of ongoing projects by using clearly defined KPIs. I completed development and repositioning of various residential and commercial distressed properties with values from $1-5M consisting of upgrades, expansions, rehabilitation, interior TI or re -purposing of the properties. Field Engineer to Project Manager; Various Projects; Los Angeles, CA (December 2000 —June 2008). As an Estimator from August 2007 to June 2008; 1 worked on 5 projects totaling $125 million with estimating experience in CSI divisions 2 through 14 and I was successful in securing a $15 million Club Nokia project in Downtown Los Angeles. As a Project Manager from May 2005 to August 2007; 1 was responsible for the $60 million UC Irvine Student Center complex with a 150,000 square feet space delivered with a Design -Build delivery model completed in 26 months. I managed A/E consulting teams during Design Development phase in addition to all subcontractors during the construction phase from contract negotiation to handover to the Client. As a Sr Project Engineer from February 2004 to May 2005; 1 provided engineering responsibility for the $30 million Guaranteed Max. Price (GMP), 6 story structural steel office building with two levels of subterranean parking and 4 levels of above ground pre -cast parking structure; 240,000 sq. ft of office building and 650 parking spaces. As a Project Engineer from February 2003 to February 2004; 1 managed project engineer duties of a UC Irvine Arroyo Vista $10 million Design -Build of eight residential wood framing buildings of three levels each with approximately 500 surface parking spaces; total of 55,000 sq ft of residential spaces. As a Field Engineer from December 200 to February 2003; 4 1 led the field engineering tasks of a $110 million resort, named Hyatt Regency Resort in Huntington Beach, with two levels of parking, four floors of hotel rooms with ballrooms, conference rooms, retail, a mix of over 500 rooms and suites with over 1,000,000 sq ft of floor space. Matt Pirayeh Page 2 of 2 City of Newport Beach CENTRAL LIBRARY KITCHEN REMODEL Contract No. 9394-1 NON -COLLUSION AFFIDAVIT State of Califomia ) ss. County of r 'ram Q Pkr L-j-p' being first duly swam, deposes apd says that he or she is S z,,.-i— of f,�-iti�\- bQco -, (-s the party making the foregoing bid; that the bid is not made in the interest o , 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 Califomia that the foregoing is true and correct Uf'_ c� +� �.f �1 i r �v�t. , c. `�`�—•S l2.f� ` Biddef Authorized Signature itle Subscribed and swom to (or affirmed) before me on this day of, 2024 by t'-Ad1'* 'T" t I'c4 4 f, �A proved to me on the basis of satisfactory evidence to bd the person(s) who appeared before me. 1 certify under PENALTY OF PERJURY under the paragraph is true and correct. iCARLA YYFi is H''lL4AHDEZ Notary FTTI - Caiifernia [SEAL] orange County Wj,Commisslon 4 247921 qy �crr,r.. Expires Jan 10, 2028 laws of the State of Califomia that the foregoing I L Nota Public 14 My Commission Expires: � 2 0 jurat 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 IQ _ day of ? 20 by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me, KAR Al^V_"e HEANANDEI Notary Public - Cati`ornia i Orange County Commission # 2479219 Ny Ccmm. E""es Jan to, 2028 (Seal) Notary ublic Sign City of Newport Beach CENTRAL LIBRARY KITCHEN REMODEL Contract No. 9394-1 DESIGNATION OF SURETIES Bidder's name triangle Decon Servics, 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): Tokio Marines HCC Address: 1 MacArthur Place, Suite 550, Santa Ana, CA 92707 Phone: 949-515-9981 Premier Associates Insurance Brokers Address: 3931 Birch St., Suite B, CA 92660 Phone: 949-800-5003 15 City of Newport Beach CENTRAL LIBRARY KITCHEN REMODEL Contract No. 9394-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name�r i i _Cgo^ S 4rr4 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 7 2— Total dollar Amount of 41-57 M � 2.1 o l< Contracts (in Thousands of No. of fatalities to No. of lost Workday Cases D No. of lost workday cases involving permanent t? 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 Bidderrt{�n kc O-e� g Business Address: 2rA- 22 t►,�,� S}, ss;Dy.rjo,�.f4 Business Tel. No.: 3w-139 --kk9 8 State Contractor's License No. and Classification: S 9 Entity Type: Co ep . The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title _%0-20'2 Sjr-p- S. Ae'-+- 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 partnershipfjoint 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 partnershipfjoint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On _S IP _ ��`? before me, Karla Yvette Hernandez, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. Signature il KA4LA YYEFT1 HE:N1 0 Z _ Notary Public - Calico i Orange County Commission ; 2+79219 My Ccr:r. Exolres Jan 10, 2028 (Seal) City of Newport Beach CENTRAL LIBRARY KITCHEN REMODEL Contract No. 9394-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name triangle Decon Services, 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 Sign ture 01 8/30/24 18 City of Newport Beach CENTRAL LIBRARY KITCHEN REMODEL Contract No. 9394-11 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: Triangle Decon Services, Inc. Business Address: 25422 Adriana St., Mission Viejo, CA 92691 Telephone and Fax Number: 310-739-1198 Califomia State Contractor's License No. and Class:1059471 and Class B (REQUIRED AT TIME OF AWARD) Original Date Issued: 10-22-2019 Expiration Date: 10-31-2025 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: Matt Pirayeh / President 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 Matt Pirayeh - President - address and telephone same as above 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: None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: None 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; None Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. NO. Have you ever failed to complete a project? If so, explain. NO. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor com liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 20 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Matt Pirayeh (Print name of Owner or President o/f] V,C�_o�rpp_oration/Company) (� Triangle Decon Services, Inc. �'` ,(—a Bidder Authorized Signk6reffftle President Title 09-10--2024 Date On 5C P lQ t QD24 before meVtAf\tA 0Af? C P_VWax1e 2, —,Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) 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), orthe 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 ha nd official seal. Notary P blic in a o d ttate My Commission Expires: 21 �KARL `' _--_ f5 HERNANDEZ - Notary Publfc - California OfBr-ge County (SEAL) L�` Commi7ior.42479219 styC:rr. a:itesJan 10, 2028 ' ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On before me, Karla Yvette Hernandez, 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. may- IU RLA'NEi +E HER7IANDEZ i WITNESS my hand and official seal. _s Notary Public • CaliforniaOranve County [ mCommission; 2479219 y Comm, Expires Jan 10, 2028 Signature (Seal) City of Newport Beach CENTRAL LIBRARY KITCHEN REMODEL Contract No. 9394-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 City of Newport Beach CENTRAL LIBRARY KITCHEN REMODEL Contract No. 9394-1 SAMPLE CITY CONTRACT 23 City of Newport Beach CENTRAL LIBRARY KITCHEN REMODEL Contract No. 9394-1 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. 9394-1 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: 09-11-2024 Date 310-739-1198 Bidder's Telephone and Fax Numbers 1059471 and Clas B Bidder's License No(s). and Classification(s) 1001044213 DIR Registration Number Triangle Decon Services, Inc der f President Bidder's Authorized Signature and Title 25422 Adrians St., Mission Viejo, CA 92691 Bidder's Address Bidder's email address: mpirayeh@gmail.com PR-1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CENTRAL LIBRARY KITCHEN REMODEL PROJECT NO. 24F02 CONTRACT NO. C-9394-1 PART 1 - GENERAL PROVISIONS SECTION 00 — PRE -BID MEETING 00-1 JOBWALK 3 3 3 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 4 1-2 TERMS AND DEFINITIONS 4 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General 4 4 4 4 4 4 4 4 4 5 5 5 5 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 8 7-5 PERMITS 8 7-7 COOPERATION AND COLLATERAL WORK 8 7-8 WORK SITE MAINTENANCE 8 7-8.4 Storage of Equipment and Materials 8 7-8.4.1 General 8 7-8.4.2 Storage in Public Streets 8 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-9.2 Care While Working Inside Buildings 7-10 SAFETY 7-10.1 Traffic and Access 7-10.4 Safety 7-10.4.1 Work Site Safety SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK 9-3 PAYMENT 9-3.1 General 9-3.2 Partial and Final Payment 10 10 10 10 10 10 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CENTRAL LIBRARY KITCHEN REMODEL PROJECT NO. 24F02 CONTRACT NO. C-9394-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. B-5317-S); (3) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2021 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 00 — PRE -BID MEETING 00-1 JOBWALK The City will conduct a pre -bid site meeting on the date and at the time specified in the Invitation to Bid. Bidder attendance at this meeting is MANDATORY. The purpose of the Pre -bid Site Meeting is to acquaint prospective bidders with the site, local physical features, site logistics, obstructions, water and power sources, and security conditions and issues. The conditions and requirements of these Specifications will govern over any information presented at the Pre -bid Site Meeting. Addenda will be prepared and issued, as necessary, to effect any changes to these specifications. [31 SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class "B" General Building Contractor license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-3 SELF PERFORMANCE Delete entire Self Performance section. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of replacing existing cabinets, counters, floors, appliances, plumbing fixtures and etc. with new in accordance with the contract documents. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. [4] 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ........................................... 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures .......... 15 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided for in this subsection, one (1) percent may be added for compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule [51 No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 30 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Except as modified in Section 6-1.1, normal working hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $207 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1st (New Year's Day) [61 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, and continuous sequence so as to minimize inconvenience to facilities' users as a result of construction operations. [7] SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-5 PERMITS Replace this Section with "The project is deemed `permit -ready' by the City's Building Department (Permit No. XC2023-0408). The contractor shall obtain the necessary building permit (s) prior to the pre -construction meeting and fees will be waived. Project is not complete until Building Permit is finaled. 7-7 COOPERATION AND COLLATERAL WORK The Contractor shall cooperate with the City to provide public access to the library. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.1 General Store products in strict accordance to manufacturer's recommendations. All materials shall be protected from damage and any damaged materials shall be replaced at the Contractor's sole expense. 7-8.4.2 Storage in Public Streets Construction materials and equipment may not be stored in streets, roads, or sidewalk areas. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) Where applicable, the Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. a e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-9.2 Care While Working Inside Buildings Add this Section to read, "While working in the Building, the Contractor shall be solely and continually responsible for the condition of the walking surfaces that are used by its workers. The Contractor shall immediately remove and dispose of any and all errant/fallen debris, liquids, and other contaminants onto the tiles, stones, pavers, carpeting, etc. flooring and make such surfaces safe for use by all ages with varying degrees of physical and reaction abilities. In the event that the Contractor was unable to timely perform such remedial tasks, the City will deploy its forces to make the area safe and will back charge the Contractor for the actual cost of such work plus 50%, all to be deducted from the sums due the Contractor. It is strongly recommended that the Contractor clearly designate a construction path of travel and deploy safety measures for such areas so as to minimize mishaps and conflicts with staff and guest. 7-10 SAFETY 7-10.1 Traffic and Access Add to this Section: "Although not expected on this Project, whenever any portion of the public sidewalk or roadway adjacent to the work location is impacted by the staging of materials or equipment, the Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also available at Building News Bookstore. Pedestrian access shall be maintained to the extent possible. The Contractor shall furnish and install signage, barricades, construction fencing, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. 191 Since the City facilities operate continuously, the Contractor shall expect and plan for vehicle and pedestrian traffic around his work at all times. Construction delineators and other warning devices shall be placed whenever work is being performed along access roads within the Yards for safely." 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. Contract will be awarded based on the lowest base bid received. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, preparing BMPs, construction schedule, Schedule of Values, site cleanup, and all other related work a required by the Contract Documents and these Special Provisions. Item No. 2 Construct Kitchen Remodel: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance [10] and financing, preparing BMPs, construction schedule, Schedule of Values, site cleanup, and all other related work as required by the Contract Documents and these Special Provisions. Including but not limited to: a. Removals: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of existing cabinets, floors, oven, stovetop, countertops, and all other work items as required to complete the work in place. Salvage and Install Appliances: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for salvaging and reinstalling the existing refrigerator and vending machines. c. New Construction: Construct all improvements shown on the plans and the Architectural Technical Specifications. Item No. 3 Provide As -Built Plans: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for all actions necessary to provide as - built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $1,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. 9-3.2 Partial and Final Payment From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. The Contractor shall fully comply with the following Architect's Technical Specifications for the Construction of the Central Library Kitchen Remodel Project which augments, but is not referenced to in the above sections of the Standard Specifications for Public Works Construction. City of Newport Beach Central Library Kitchen Remodel (9394-1). bidding on 09/12/2024 3:00 PM (PDT) Page I of 4 Printed 09/13/2024 Bid Results Bidder Details Vendor Name Triangle DeCon Services, Inc Address 25422 Adriana St Mission Viejo, California 92691 United States Respondee Matt Pirayeh Respondee Title President Phone 310-739-1198 Email mpirayeh@triangledcs.com Vendor Type DGS,CADIR License # 1059471 CADIR 1001044213 Bid Detail Bid Format Electronic Submitted 09/12/2024 12:54 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 394534 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Submittal C-9394-1 Triangle Decon Services Inc.pdf Bid Submittal C-9394-1 Triangle Decon Services Inc.pdf General Attachment Bid Bond C-9394-1 Triangle Decon Services Inc.pdf Bid Bond C-9394-1 Triangle Decon Services Inc.pdf Bid Bond Bid Bond C-9394-1 Triangle Decon Services Inc.pdf Bid Bond C-9394-1 Triangle Decon Services Inc.pdf Bid Bond PlanetBids City of Newport Beach Central Ubiary Kitchen Remodel (9394-1), bidding on 09/12/2024 2:00 PM (PDT) Page ^_ of 4 Printed 09/13/2024 Subcontractors Showing 4 Subcontractors Name & Address Desc License Num CADIR Amount Type BFD Development Cabinet, casework 1092656 1000960655 $31,010.00 CADIR 10281 Slater Ave Apt 201 and countertop Fountain Valley, California 92708 CamMer Electric, Inc Electrical 1103398 1001035239 $10,990.00 117 S Pennsylvania Ave 6263354661 Glendora, California 91741-4255 JJJ Floor Covering LVT Flooring and 32777S 1000003812 $3,440.00 4831-A Passons Blvd. wall base Pico Rivera, California 90660 McKeown Inc Plumbing 1052408 1000840869 $7,711.00 1945 Laguna Canyon Road Building 2 L:aguna Beach, California 92651 PlanetBids City of Newport Beach Central Library Kitchen Remodel (9394-1), bidding on 09/12/2024 2:00 PM (PDT) Page 3 of 4 Printed 09/13/20'24 Line Items Discount Terms No Discount Item # Item Code Type Item Description UOM QTY Unit Price Llne Total Response Comment Section 1 $99,500.00 1 Mobllizatlon and Demobilization LS 1 54,500.00 $4,500.00 Yes 2 Construct Kitchen Remodel LS 1 $94.000.00 $94,000.00 Yes 3 As-Sullts Plans LS 1 $1,000.00 $1,000.00 Yes PlanetBids City of Newport Beach Central Library Kitchen Remodel (9394-1), bidding on 09/12=24 2:00 PM (PDT) Page 4 of 4 Printed 09/13/2024 Line Item Subtotals Section Title Section 1 Grand Total Line Total $99,500.00 $99,500.00 PlanetBids CENTRAL LIBRARY KITCHEN REMODEL CONTRACT NO. 9394-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 3rd day of October, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Triangle Decon Services Inc, a California corporation ("Contractor"), whose address is 25422 Adriana St, Mission Viejo, CA 92691, 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 replacing existing cabinets, counters, floors, appliances, and plumbing fixtures in the Central Library kitchen (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. 9394-1, 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 Ninety Nine Thousand Five Hundred Dollars ($99,500.00). 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 Mehdi Matt Pirayeh to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be Triangle Decon Services Inc Page 2 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: Mehdi Matt Pirayeh Triangle Decon Services Inc 25422 Adriana St Mission Viejo, CA 92691 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 Triangle Decon Services 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. Triangle Decon Services 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 Triangle Decon Services 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. Triangle Decon Services 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 seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the Triangle Decon Services 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 Triangle Decon Services Inc Page 8 shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 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] Triangle Decon Services 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: 9 / ,�2?,'� By: IJ .� Aa Iron C. Harp tip. ti� City Attorney ATTEST: Date: 10�3o�z a2 y By. for L Ian' .Brown City Clerk o u r CITY OF NEWPORT BEACH, a California municipal corporation Date: I b 1301 I" �{ By: r e K. Leung ity Manager CONTRACTOR: Triangle Decon Services Inc, a California corporation Date: Signed in Counterpart By: Mehdi Matt Pirayeh Chief Executive Officer, Secretary, Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Triangle Decon Services 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: By: %, A, a on C. Harp q, 1,1-I-~ City Attorney A", ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K Leung City Manager CONTRACTOR: Triangle Decon Services Inc, a California corporation Date: � 0 — 0 9 — 20 2A- By: t ehdi Matt Pirayeh Chief Executive Officer, Secretary, Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Triangle Decon Services Inc Page 10 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 100894489 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Triangle Decon Services Inc hereinafter designated as the "Principal," a contract for: the work necessary for the completion of this contract consists of replacing existing cabinets, counters, floors, appliances, and plumbing fixtures in the Central Library kitchen, 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, US Specialty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Ninety Nine Thousand Five Hundred Dollars ($99,500.00) 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. 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. Triangle Decon Services Inc Page A-1 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 7th day of October , 2024 . Triangle DeCon Services, Inc. Name of Contractor (Principal) US Specialty Insurance Company Name of Surety 1 MacArthur PI Suite 550 Santa Ana, CA 92707 Address of Surety (714) 740-7000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: jr�/jS�&4 By: A r n C. LHarp City Attorney Ai?tbt-Pf Q- I '- Authorized Sign ure/Title -jl&tqA� XC-1::UZ Authorized? n S q ature Tracey Lawrence, Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Triangle Decon Services Inc Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 0 Q-< « , 20 2 ,­t before me, Notary Public, personally appeared M R T 7 P\ who proved to me on the basis of satisfactory evidence to be the pe sonks1whose name(sblare su � ribed to the within instrument and acknowledgecj'to me that�'Id he/they executed the same in his her/their authorized capacity(ies), and that bye/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. ,.5°;rePM HUY DANG WITNESS my hand and official seal. r No RhY PUBLIC -CALIFORNIA u' ,' \ ORANGE COUNTY r MY Comm. EzP. Nov. 9, 2021 i Signature NOWLEDGMENT 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 of4GaIKE)Fnia -Oklahoma (seal) County of s !L 0 } ss. ( , On ('?C#;'r � ? 20 2�i before me, ��rct ��e�o�l��� Notary Public, personally appeared Tracey Lawrence 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. �� ilili fIii,,, 11 WIT ESS my hand and official seal. ; �`b, "ol O y 2' Signature EXP. o�i2�aj) tiG . 0 Op Triangle Decon Services Inc Page A-3 TOKIOMARINE HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That, U.S. SPECIALTY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint, TRACEY LAWRENCE its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bond number 100894489 issued in the course of its business and to bind the Compan thereby, in an amount not to exceed Three mi ion and 00/100 ( $3'0�a, 666.66). Said appointment is made under and by authority of the following resolutions of the Board of Directors of U. S. Specialty Insurance Company: "Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." Adopted by unanimous written consent in lieu of meeting on September 1st, 2011. The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, U.S. Specialty Insurance Company hgp,gApsed its seal to be affixed hereto and executed by its Senior Vice President on this 18th day of April, 2022. , 3,y t ......... U.S. SPECIALTY I SURANCE COMPANY =� r °2 By: Adam S. Pessi , Senior Vice President 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. accuracv. or validitv of that document. State of California County of Los Angeles On this 181h day of April, 2022, before me, Sonia 0. Carrejo, a notary public, personally appeared Adam S. Pessin, Senior Vice President of U.S. Specialty Insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. a aryP b.CARRE]0 Notary Public •California Los Ongeies Caunry 9 Commission M 2398710Signature (seal) y COMM. E'piresApr 23,2026 I, Kio Lo, Assistant Secretary of .S. Specialty Insurance Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force >_nd effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals o,' said Companies a Los Angeles, California this 7th day of October 2024 y Bond No. Agency No. 100894489 19315 Kio Lo, Ass Secretary Visit tmhcc.com/surety for more information°' ,.,k.,.„..„ HCCSOZZPOAUSSIC07/2023 JIJL-14-2006 15:52 RNERICRN CONTRACTORS 310 6490416 P.01i01 STATE OF CALIFORNIA DEPARTMENT ®E INSURANCE N4 07984 SAN FRANCISCO Amended Certificate ®f Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, U.S. Specialty Insurance Company Of Houston, :Texas organized under the laws of Texas , 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, Liability, Workers' Compensation, Aircraft, and Miscellaneous as such classes are now or may hereafter be `defined in the Insurance I.atvs 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 arty, of the applicable laws and lateN requirements made tinder authority of the laws of the State of California as long as such laws or requirements are in effect ' and applicable, and as such laws and requirements now are, or may here(*er be changed or amended. IN WITNESS WHEREOF, effective as of the 2 9 th day of December 2004 , I have hereunto set my hand and caused my official seal to be affixed this 29th day of December , 2004 Gatamendi By for Ida Zodrow Vepu NOTICE: Deput Qualification with the Sccretwy of State must be accomplishcd as rcquired by the s ode pro tly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and 11 be grounds for revolting this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FORM C!F] OSP 00 m wl EXHIBIT B CITY OF NEWPORT BEACH BOND NO.100894489 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $2,388.00- - - , being at the rate of $24.00- - - thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Triangle Decon Services Inc hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of replacing existing cabinets, counters, floors, appliances, and plumbing fixtures in the Central Library kitchen, 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 US Specialty Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Ninety Nine Thousand Five Hundred Dollars ($99,500.00) 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. 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 Triangle Decon Services Inc Page B-1 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 7th day of October 12024. Triangle DeCon Services, Inc Name of Contractor (Principal) US Specialty Insurance Company Name of Surety 1 MacArthur PI Suite 550 Santa Ana, CA 92707 Address of Surety (714) 740-7000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: r D/ By: Aar n C. Harp City Attorney \b,�� 5 P c Authorized Signature/Tit e Authoriz V64nt Sjgature Tracey Lawrence, Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Triangle Decon Services Inc Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 6kAN*t J } ss. On (� C 11 , 20`Z 4 before me, C> Notary Public, personally appeared M N—k'T who proved to me on the basis of satisfactory evidence to be the pe son( `) whose namet ' )are su�ribed to the within instrument and acknowledged; o me that she/they executed the same in his/,her/their authorized capacity(ies), and that by Wher/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. OMY HUY DANC WITNESS my hand and official seal. COMM.# 2470432NOTARY PUBLIC•CALIFORNIAORANGE COUNTY Comm. Exp. Nov. 9, 2027 Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of EaAfer� Oklahoma (seal) County of . NU&s cy a 2 e )Ss. On 0( 1 c, Le J I , 20-2'4 before me, v c, L , (,cpc)d, j ; ,,7 Notary Public, personally appeared Tracey Lawrence 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 Califorrljq,thak,�pe foregoing paragraph is true and correct. \�,L. G000%,, oTAR WITNESS my hand and official seal. # 09000953 EXP. 01/26/25 _ Signature (seal) T •AUBL\�': per\.: F............ .� \�. GF GK�P Triangle Decon Services Inc Page B-3 T0KIOMARINE H C C POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That, U.S. SPECIALTY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint, TRACEY LAWRENCE its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver bond number 100894489 issued in the course of its business and to bind the Com,,panv thereby, in an amount not to exceed Three mi ion and 00/100 ( $3,0 6 000.00). Said appointment is made under and by authority of the following resolutions of the Board of Directors of U. S. Specialty Insurance Company: "Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." Adopted by unanimous written consent in lieu of meeting on September 1st, 2011. The Attorney -in -Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, U.S. Specialty Insurance Company h;,:�,A,Ggpsed its seal to be affixed hereto and executed by its Senior Vice President on this 18th day of April, 2022.\� !nsuiy qo U.S. SPECIALTY I SURANCE COMPANY ty=gy; Adam S. Pessi , Senior Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On this 18th day of April, 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Adam S. Pessin, Senior Vice President of U.S. Specialty Insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct. S0141a0. CARREJO WITNESS my hand and official seal.. notary Public • California l.a Angelx County SignatureIdAan(seal) Conmission N 2398710 — a"' My Comm. Expires Apr 23, 2026 I, Kio Lo, Assistant Secretary of .S. Specialty Insurance Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Compan°es at Los Angeles, California this 7th day of October 2024 °';ti 'f�Stlr q Bond No. Agency No. 19315 va.' FT v Kio Lo, ass t Secretary Visit tmhce.com/surety for more information' „� ,, "`° HCCSOZZPOAUSSIC0712023 SUL-14-2006 15.52 ANERICRN CONTRACTORS 310 6430416 P.01i01 STATE OF CALIFORNIA DEPARTMENT 6F INSURANCE N4 07984 SAN FiANCISCO Amended Certificate ®f Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, U.S. Specialty Insurance Company Of Houston, :Texas organized under the laws of Texas , subject to its Articles of Incorporation or otherfundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this CerrVicate, the following classes of insurance: Fire, Marine, Surety, Disability, Liability, Workers' Compensation, 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 nor in violation of arty, 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 herec*er be changed or amended. IN WITNESS WHEREOF, effective as of the 2 9 th day of December 2004 , I have hereunto set my hand and caused my official seal to be affixed this 29th day of December 2004 ohn Ga amend , nsurance C issioher, By .,. for Ida ZodroW De. Deput NOTICE: Qualification with the Sccrettuy of State must be accomplished as required by the e£ s ode pro lly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and 11 be grounds for revolting this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. >'t11tH1 C67 OSP 00 3x*1 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. 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. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort Triangle Decon Services Inc Page C-1 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 two million dollars ($2,000,000) combined single limit for each accident. D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 5. A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement 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/umbrella liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies. Triangle Decon Services Inc Page C-2 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 City Council, boards and commissions, officers, agents, volunteers and employees. 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. 6. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor sixty (60) 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 Triangle Decon Services Inc Page C-3 into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. 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 Triangle Decon Services Inc Page C-4 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. I. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work. Triangle Decon Services Inc Page C-5 0) 6 .9 i aj N N E � as � ill cr, II C � II it I' � I I I IU z t�3 � t_Y N I II � Q7 Cli � 4 m 0 ra © � c 0} N � V CA CN ff) to C) � —� i I I I, d 0 co m CD N ' Q U � U I �i film I D �J CD CD e I I i ,4 ICI ! QOt it Ali i 'i O a 41 i i 2 � , OJ I � U I