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HomeMy WebLinkAboutC-9715-1 - Concrete Replacement Program FY24-257/23/25, 2:51 PM Batch 19569838 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II I� II IIIIIII IIIIIIIIIIIIII III NO FEE *$ R 0 0 1 5 7 0 4 4 0 3$ 2025000205319 01:49 pm 07/23/25 90 CR-SC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and TOWO Enterprises, Inc. of Fullerton, California, as Contractor, entered into a Contract on 11 /19/2024. Said Contract set forth certain improvements, as follows: Concrete Replacement Program FY 2024-25 Work on said Contract was completed, and was found to be acceptable on July22, 2025, by the City Council. The title to said property is vested in the Owner and the Surety for said Contract is Developers Surety and Indemnity. BY �. David Webb, Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on _ JUL-1 23 Zo -z.!�- BY �- Molly Perry, Int im City Jerk u at Newport Beach, California. https://gs.secure-erds.com/Batch/Confirmation/19569838 2/4 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and TOWO Enterprises, Inc. of Fullerton, California, as Contractor, entered into a Contract on 11/19/2024. Said Contract set forth certain improvements, as follows: Concrete Replacement Program FY 2024-25 Work on said Contract was completed, and was found to be acceptable on July22, 2025, by the City Council. The title to said property is vested in the Owner and the Surety for said Contract is Developers Surety and Indemnity. BY David Webb, Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on _ BY J�� Molly Perry, I Z3 ZvZS at Newport Beach, California. �-- CITY OF NEWPORT BEACH NOTICE INVITING BIDS v Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 Before 10:00 AM on the 24th day of October, 2024, at which time such bids shall be opened and read for CONCRETE REPLACEMENT PROGRAM FY 2024-26 Contract No. 9716-1 $1,667,000.00 Engineer's Estimate Approved by James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: hftp://www.12[anetbids.com/pprtal/portal.cfm?CompanvlD=22078 Contractor License Classification(s) required for this project: "A" or "C-8" For further information, call Daniel Jordan, Project Manager at (949) 644-3344 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 CONCRETE REPLACEMENT PROGRAM FY 2024-25 Contract No. 9715-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT................................................................. 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIALPROVISIONS............................................................................................ SP-1 2 City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2024-25 Contract No. 9715-1 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, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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. 3 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, 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) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: 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 4 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been re iewed. 986567, CLASS A & B YUN SU CHUNG! PRESIDENT Contractor's License No. & Classification Auth rized Signature/Title 1000041158 06/30/2025 DIR Registration Number & Expiration Date TOWO ENTERPRISE INC Bidder »1 10/22/2024 Date City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2024-25 Contract No. 9715-1 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 Total Amount Bid ---- Dollars ($ 10% of Bid---- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of the Concrete Replacement Program FY 2024-25, Contract No. 9715-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 1st day of October 2024. Towo Enterprise Inc -�. _ t., W "N CHU Ni G Name of Contractor (Principal) Authorized Signature/Title P1RQgDUq n i Developers Surety and Indemnity Company Name of Surety 17771 Cowan, Suite 100 Irvine CA 92614 Address of Surety (877)528-7878 Telephone d Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact _ Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 1.1 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On October 22, 2024 before me, Young Wan Choi, Notary Public (Here insert name and title of the officer) personally appeared YUN SU CHUNG who proved to me on the basis of satisfactory evidence to be the person(R) whose names) is/are subscribed to the within instrument and acknowledged to me that he/sheA+wy executed the same in his/hen'th-eir authorized capacity(im), and that by his/hefA�it signature(s) on the instrument the person(s), or the entity upon behalf of which the person(f) 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. YOUNG WAN CHOI WITNESS my hand and official seal. COMM. tr2sessa2 NOTARY PUSUC • GUIFORNA s ORANGE COUNTY _5�omm,Expinn May 5, 2025 Signature of Notary Public (Notary Sea mmmmj ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT BIDDER'S BOND (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be property completed and attached to that document. The only exception is if a document is to he recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notmy to do something that is illegal for a notary in California (i.e. certifying the authorized capacity gf the signer). Please check the document caroidly fbr proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they;- is /are ) or circling the correct forms, Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClesses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Oran,e ) On 10/01/2024 _ - _ before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signeri`5,1 who proved to me on the basis of satisfactory evidence to be the person(* whose nameN* is/are subscribed to the within instrument and acknowledged to me that ii /she/the1C executed the same in ft/her/t w r authorized capacity('ibs), and that by his/her/their signatures on the instrument the person(* or the entity upon behalf of which the person(s), acted, executed the instrument. ALMA KAREN HERNANDEZ Notary Public - Califorhia y V J Orange County Commission T 2390908 o� `My Comm. Expires Jan 16, 2026 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Bid Bond Document Date: 10/01/2024 Number of Pages: Three 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates _ Signer's Name: __ ❑ Corporate Officer —Title(s): _ _ ❑ Corporate Officer — Title(s): * Partner — ❑ Limited r7 General ❑ Partner — 1-1 Limited ❑ General ❑ Individual W Attorney in Fact ❑ Individual C Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other. Signer Is Representing: __ Signer Is Representing: Developers Surety and Indemnity Company _ '.L may`'+`.:':/:'✓:'✓6 :v '��<:=Cam:\✓.'✓: ✓yV:'✓:\.'`✓.:�✓5\.S1✓St :4�4 ✓•'u - 02014•nal Notary Associationwww.NationalNotary.org :11 • A' :11 . •: 91 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SUREI'V AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that, except as expressly limited herein, COREP0EN'1'E INSURANCF COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint: William Syrkin, Richard Adiar, and Rebecca Haas -Bates _ of Irvine. CA as its true and lawfid Attorney -in -Fact. to make, execute, deliver and acknowledge, for and mt behalf of said companies, as sureties, bonds, undertakings and con lmeLc of suretyship giving and granting unto said Attorney -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each orsaid company full power of substitution and revocation, and all of the acts of said Attorney-m-Fact, pursuant to these presents, are hereby ratified and confillned. '11tis Parer of Attorney is effective October l 2024 _ _ _ and shall expire on December 31, 2025. this Power of Attorney is granted and is signed under and by authority of the tollowing resolutions adopted by die Buard of Directors of COREPOINT'E INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company-) on February 10, 2023. RESOLVED, that Sant Zazq President Surety Undcrwriti�i", .laures Bell -Vice President Surety lZpdenvritineI and Craig. Dawson. Executive UnderwTilIzIr- Surcty, each an employee of AniTrust North America, Inc, an affiliate of the Company (the "Authorized Signors"), are hereby authorized to execute a Power of Attorney, qualifying attorney(s)-in-fact named in the Power of Attorney to execute. on behalf of the Company, bonds, undertakings and contracts of suretyship, or othersurctyship obligations. and that the Secretary or any Assistant Secretary of the Company be, and each ofthem hereby is. authorized to attest the execution of any such Power of Attornev. RESOLVED, that die signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary ofthe Company_ and the seal of the Company must be affixed to any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power of Attome-y shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, Undertaking or contract of suretyship to which rt is attached IN W ITNESS WFIFREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused tllese presents to be si tut & d- A Itby c u tor zed 1 Ignor and attested by their Secretary or Assistant Secretary this �l Printed Nal c: San Zaza`--- 'title: President. Surew Underwriting _ ACKNOWLEDGEMENT: March 27, 2023 III II II IIN,o IIIUII/Iifr ,,�•��"NSUi --(AND rr Ci C) SEAL: -a: �: 193 0-1 � :O O�•�•�F<AWPR�G,: • Y vy'•c 41F R �P�• S1 . - IIIHIIuN�� I'IIIrIItIµ�� 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 this 27 day of . March , 20 23 , before me, Hoang-Quyen Phu Pham personally appeared Sam 7_aza _ who proved to me on the basis of satisfiletory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument die entities upon behalf which me person acted, executed this 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. a0my HOANGQUYEN P. PHAM Notary Public - California = Orange CountyCommission It2432970 Comm. Expires Dec 31, 2026 CORPORATE CERTIFICATION The undersigned. the Secretnry or Assistant Secretary of COREPOINTE' INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in torte as of the date ofthls Certification. TTiis Certification is executed in the City of Cleveland, Ohio, this March 19. 2023. BY �Oocu5lgned by; �Itt� W IVl hU Balry W Moses. Assistant Secretary POA No. N/A Oae415 TAOE548C.. DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C1 E455E653OF Ed. 0323 City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2024-25 Contract No. 9715-1 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. TOWO ENTERPRISE INC Bidder E _ YUN SU CHUNG / PRESIDENT Autf rized Signature/Title r City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2024-26 Contract No. 9716-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name TOWO ENTERPRISE 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. Please see Special Provisions Section 2-1 for detailed experience record/reference requirements. No. 1 Project Name/Number CONCRETE REPLACEMENT PROGRAM 8921-1 Project Description CONCRETE REPLACEMENT CITYWIDE Approximate Construction Dates: From 07/01/2023 Agency Name CITY OF NEWPORT BEACH Contact Person BENJAMIN DAVIS To: 06/30/2024 Telephone (949) 644-3311 Original Contract Amount $ 1,096,200.00 Final Contract Amount $ 1,202,865.87 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 10 No. 2 Project Name/Number CONCRETE FACILITIES REMOVAL AND REPLACEMENT CITYWIDE PHASE 10 Project Description CITYWIDE CONCRETE REMOVAL AND REPLACEMENT AT VARIOUS LOCATIONS Approximate Construction Dates: From Agency Name CITY OF ANAHEIM Contact Person LORENZO REA 02/02/2024 To 06/27/2024 Telephone (714) 765-6893 Original Contract Amount $1,194,550.0017inal Contract Amount $ 1,272,029.19 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name/Number MORELIA AVE & JUANITA COOKE TRAIL IMPROVEMENTS Project Description REMOVE & REPLACE SIDEWALK, CURB & GUTTER, DRIVEWAY, ADA RAMP, COLD MILL, PAVING, STORM DRAIN Approximate Construction Dates: From 06/28/2023 Agency Name CITY OF FULLERTON To: 08/112023 Contact Person NICK ESPOSITO Telephone (714) 738-6851 Original Contract Amount $672,450.00 Final Contract Amount $ 672,450.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 11 No. 4 Project Name/Number GILBERT PARK REPAIRS AND VOLUNTARY ACCESSIBILITY IMPROVEMENTS Project Description REMOVE & REPLACE SIDEWALK, CURB & GUTTER, DRIVEWAY, ADA RAMP, PAVING, BASKETBALL COURT PCC/PAI NTI NG/SURFACING Approximate Construction Dates: From 06/07/2023 Agency Name CITY OF FULLERTON To: 07/26/2023 Contact Person NICK ESPOSITO Telephone (714) 738-6851 Original Contract Amount $ 269.276.00 Final Contract Amount $ 317,379.85 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 Project Name/Number CONCRETE REPAIR SERVICES SM 2223-1 Project Description CITYWIDE CONCRETE REMOVAL AND REPLACEMENT AT VARIOUS LOCATIONS Approximate Construction Dates: From 06/10/2024 To: 08/29/2024 Agency Name CITY OF ONTARIO Contact Person TIM MASOT Telephone (909) 395-2624 Original Contract Amount $1,267,950-00Final Contract Amount $1,267,950.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 12 No. 6 Project Name/Number IMPROVEMENTS AT EIGHT CROSSWALK LOCATIONS Project Description REMOVE & REPLACE SIDEWALK, CURB & GUTTER, DRIVEWAY, ADA RAMP, PAVING Approximate Construction Dates: From 07/26/2023 To: 10/10/2023 Agency Name CITY OF LA PUENTE Contact Person REY ALFONSO Telephone 626 855-1540 Original Contract Amount $1,036,448.00Final Contract Amount $1,219,903.65 If final amount is different from original, please explain (change orders, extra work, etc.) EXTRA WORK Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. TOWO ENTERPRISE INC Bidder 13 a YUN SU CHUNG / PRESIDENT Authorized Signature/Title City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2024-25 Contract No. 9715-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE YUN SU CHUNG being first duly sworn, deposes and says that he or she is PRESIDENT Of TOWO ENTERPRISE INC , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the Statd`of California that the foregoing is true and correct. TOWO ENTERPRISE INC YUN SU CHUNG / PRESIDENT Bidder Authbrized Signature/Tide Subscribed and sworn to (or affirmed) before me on this D-)- day of 6 cT. 2024 by YUN N 5 U CH U M el , proved to me on the basis of satisfactory evidence to be the person( - who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. Notar ublic YOUNG v CHUI [SEAL] coti+ea. a32 NOTARY PUBLIC • CAIJFORNIA 5 D /ZO2 j— ORMGE COUNTY My Commission Expires: Comm Evwts M" 5, 2025 14 City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2024-25 Contract No. 9715-1 DESIGNATION OF SURETIES Bidder's name TOWO ENTERPRISE 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): DEVELOPERS SURETY AND INDEMNITY 877-528-7878 17771 COWAN STE #100, IRVINE, CA 92614 FOUNDATION RISK PARTNERS, CORP. 949-679-7116 750 THE CITY DR SOUTH STE 450, ORANGE, CA 92868 15 City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2024-26 Contract No. 9716-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name TOM ENTERPRISE INC Record Last Five (5) Full Years Current Year of Record Current Record Record d Record Record Record Year of for for for for for Record 2023 2022 2021 2020 2019 Total 2024 No. of contracts j 12 _ �12 14 6 5 6 55 Total dollar Amount of $7,826,524 $7,128,992 $7,275,591 $1,881,877 $1,120,000 $755,501 $25,988,485 Contracts (in Thousands of $ 0 No, of fatalities 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving permanent 0 0 0 0 0 0 0 transfer to another job or termination of employment The information information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Towo Enterprise Inc Business Address: 2536 Fender Ave Ste D, Fullerton, CA 92831 Business Tel. No.: 714-770-0379 State Contractor's License No. and Classification: 986567, Class A & B Entity Type: Corporation _ 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 Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signedl 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 October 22, 2024 before me, Young Wan Choi, Notary Public (Here insert name and title of the officer) personally appeared YUN SU CHUNG who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/slay executed the same in his/her/their authorized capaci+y(ies), and that by his/lltr/their signature(9on the instrument the person(s'), or the entity upon behalf of which the person(.$) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YOUNG WAN CHOI WITNESS my hand and official seal. Hor 235653oRran o ORANGE COUNTY urrdw+n wrCorm. E Me 5, 2025 + Signature of Notary Public (Nutary Sea!) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THErr ATTACHED DOCUMENT tti7ltL Li S lxl"s-Fri-d Suf'e& gecord (Title or description of attached d ument) To '(Title Vrnhlxcai (Title or d scrip on of attched document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment.form must be properly completed and attached to that document. The only exception is if a document is to he recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefidl v for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/dwy - is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment four. • Signature of the notary public must match the signature on file with the office of the county clerk. { Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •i• Indicate title or type of attached document, number of pages and date. �• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryC]asscs.com City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2024-25 Contract No. 9715-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name TOWO ENTERPRISE INC The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Si ature N/A _ 18 City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2024-25 Contract No. 9715-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: TOWO ENTERPRISE INC Business Address: 2536 FENDER AVE STE D, FULLERTON, CA 92831 Telephone and Fax Number: 714-770-0379 California State Contractor's License No, and Class: 986567, CLASS A & B (REQUIRED AT TIME OF AWARD) Original Date Issued:09/06/2013 Expiration Date: 09/30/2025 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: JASON LEE / PROJECT MANAGER The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone YUN SU CHUNG PRESIDENT 7244 MORNING HILLS DR, CORONA, CA 92880 714-770-0379 YUN SU CHUNG SECRETARY 7244 MORNING HILLS DR, CORONA, CA 92880 714-770-0379 YUN SU CHUNG TREASURER 7244 MORNING HILLS DR, CORONA, CA 92880 714-770-0379 YUN SU CHUNG MANAGER 7244 MORNING HILLS DR, CORONA, CA 92880 714-770-0379 Corporation organized under the laws of the State of CALIFORNIA 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. NO Have you ever failed to complete a project? If so, explain. NO For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor corn liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 20 Are any claims or actions unresolved or outstanding? Yes /® If yes to any of the above, explain. (Attach additional sheets, if necessary) NIA Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. TOWO ENTERPRISE INC Bidder State of California County of Orange YUN SU CHUNG / PRESIDENT (Print name of Owner or President of Cor oration/Company) M. YUN SU CHUNG / PRESIDENT Authori ed Signature/Title PRESIDENT Title 10/22/2024 Date On ©c-T, %X. 207-4 before me, YOQ06 wfW CH05- , Notary Public, personally appeared `/ u 51-1 CH U O!GQ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-&) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heH#heir authorized capacity(ies), and that by his/her/their signaturefs) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notaryublic in and for said State My Commission Expires: o7' 21 ............... YOUNG wAN CHOI COMM. #23SM2 NOTARY P MUC • CAUFORMA O ORANGE COUNTY hx Comm. F 'aes.6 2025 -------------- (SEAL) City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2024-25 Contract No. 9715-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Ratinq Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2024-25 Contract No. 9715-1 SAMPLE CITY TO CONTRACT 23 City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2024-25 Contract No. 9715-1 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. 9715-1 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: 10/22/2024 Date 714-770-0379 Bidder's Telephone and Fax Numbers 986567, Class A & B Bidder's License No(s). and Classification(s) 1000041158 DIR Registration Number Towo Enterprise Inc Bidde Yun Su Chung / President Bidd, is Authorized Signature and Title 2536 ender Ave Ste D, Fullerton, CA 92831 Bidder's Address Bidder's email address: Jessica@towoenterprise.com PR-1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CONCRETE REPLACEMENT PROGRAM FY 2024-25 PROJECT NO. 25R06 CONTRACT NO. 9715-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-3 SUBCONTRACTS 2-3.1 General 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service 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 SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 1 1 2 2 2 2 2 3 3 3 4 4 4 4 4 5 5 5 5 5 5 5 5 6 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 6-1.1 Construction Schedule 6 6-7 TIME OF COMPLETION 7 6-7.1 General 7 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 8 6-9 LIQUIDATED DAMAGES 8 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 8 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 9 7-1.2 Temporary Utility Services 9 7-2 LABOR 9 7-2.2 Prevailing Wages 9 7-8 WORK SITE MAINTENANCE 9 7-8.1 General 9 7-8.4 Storage of Equipment and Materials 9 7-8.4.2 Storage in Public Streets 9 7-8.6 Water Pollution Control 9 7-8.6.2 Best Management Practices (BMPs) 10 7-10 SAFETY 10 7-10.3 Haul Routes 10 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 7-10.5 Security and Protective Devices 10 7-10.5.3 Steel Plate Covers 11 SECTION 9 - MEASUREMENT AND PAYMENT 11 9-2 LUMP SUM WORK 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment. 15 PART 2 - CONSTRUCTION MATERIALS 1S SECTION 200 — ROCK MATERIALS 15 200-2 UNTREATED BASE MATERIALS 15 200-2.1 General 15 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 15 201-1 PORTLAND CEMENT CONCRETE 15 201-1.1 Requirements 15 201-1.1.2 Concrete Specified by Class and Alternate Class 15 201-2 REINFORCEMENT FOR CONCRETE 15 201-2.2 Steel Reinforcement 15 201-2.2.1 Reinforcing Steel 15 SECTION 203 — BITUMINOUS MATERIALS 15 203-6 ASPHALT CONCRETE 16 203-6.5 Type III Asphalt Concrete Mixtures 16 SECTION 214 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 16 214-4 PAINT FOR STRIPING AND MARKINGS 16 214-4.1 General 16 214-6 PAVEMENT MARKERS 16 PART 3 - CONSTRUCTION METHODS 16 SECTION 300 - EARTHWORK 16 300-1 CLEARING AND GRUBBING 16 300-1.3 Removal and Disposal of Materials 16 300-1.3.1 General 16 300-1.3.2 Requirements 17 SECTION 302 - ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions 17 17 17 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 17 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 17 303-5.1 Requirements 18 303-5.1.1 General 18 303-5.5 Finishing 18 303-5.5.2 Curb 18 PART 6 - TEMPORARY TRAFFIC CONTROL 18 SECTION 600 - ACCESS 18 600-1 GENERAL 18 600-2 VEHICULAR ACCESS 19 600-3 PEDESTRIAN ACCESS 19 SECTION 601— WORK AREA TRAFFIC CONTROL 20 601-1 GENERAL 20 601-2 TRAFFIC CONTROL PLAN (TCP) 20 PART 8 - LANDSCAPING AND IRRIGATION 21 SECTION 801 - INSTALLATION 21 801-1 GENERAL 21 CITY OF NEWPORT BEACH A. A. PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS � No. 94 23 Exp. 06-30-25) CONCRETE REPLACEMENT PROGRAM FY 2024-25 PROJECT NO. 25R06 CONTRACT NO. 9715-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Streets Work Schedule in Appendix A; (3) the Parks Work Schedule in Appendix B; (4) the Tree Removal/Maybe List in Appendix C; (5) the Parks Work Schedule Location Maps in Appendix D; (6) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (7) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.qov/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 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 Page SP 1 of 22 At the time of the award and until completion of work, the Contractor shall possess a Class "A" or "C-8" 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 C ity. The Contractor is required to demonstrate their experience and ability to complete similar concrete improvement projects for public agencies and shall have been engaged in similar concrete replacement projects for public agencies for a period of not less than five (5) years. As part of the Contractor's Technical Ability and Experience References, the Contractor must provide, at a minimum, five reference projects that demonstrate the successful completion of similar projects. The minimum total for the combined five reference projects shall be 10,000 Linear Feet (LF) of concrete curb and gutter replacement and 50,000 Square Feet (SF) of concrete sidewalk replacement within the public right-of-way. 2-3 SUBCONTRACTS 2-3.1 General The Contractor shall list a California Licensed Land Surveyor as a subcontractor, who will be performing all surveying tasks. The Contractor shall also list an ISA Certified Arborist as a subcontractor, who will be performing all work related to tree root pruning and shaving. A copy of the ISA Certified Arborist's credentials must be included as part of the Contractor's bid package. Failure to list the Surveyor or Arborist may result in the Contractor being deemed non -responsive. 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 the following: • Distributing door hanger notifications • Placing "No Parking" signs and traffic control • Posting tree removal signs • Saw cutting and removing concrete sidewalks, parkways, driveways, access ramps, cross gutters, curbs and gutters • Constructing new concrete sidewalks, parkways, driveways, access ramps, cross gutters, curbs and gutters (utilizing pump if necessary) • Saw cutting and removing existing concrete staircase and constructing a new concrete staircase • Removing, shaving or pruning tree roots, grading, clearing and grubbing Page SP 2 of 22 • Removing existing curb inlet decks and constructing new curb inlet decks with new hardware (includes adjusting manhole cover to grade) • Removing trees, stump grinding, root removal and grading removal area • Patching areas of concrete curb and gutter and sidewalk • Pumping concrete for improvements in park areas • Restoring private improvements including damaged bricks, walls, and irrigation lines • Restoring survey markers damaged or displaced by the work • Painting curb face and tops red where applicable • Installing grass turf as necessary to match existing private grass turf • Removing and replacing utility boxes, valves, and cleanouts damaged or displaced by the work • Providing temporary access during construction • And other incidental items to complete work in place as required by the Contact Documents 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project Page SP 3 of 22 design to provide all construction survey services that are required to construct the improvements. The Contractor shall provide survey for all cross gutter and curb and gutter work to confirm positive drainage can be achieved, prior to starting work. If positive drainage cannot be achieved, the Contractor shall notify the Engineer in writing. Additionally, survey shall be provided for all cross gutters, gutter spandrels, driveway approaches, and alley approaches where the grade is less than or equal to 0.2 percent to confirm positive drainage can be achieved within the replacement limits, prior to starting work. 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. 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 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 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 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 and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. Page SP 4 of 22 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. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. Page SP 5 of 22 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 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 addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. Before pruning tree roots, the Contractor's ISA Certified Arborist shall provide an assessment of the tree along with written documentation (reporting) indicating tree root pruning can be performed without future tree damage. The Work Schedules provided in Appendices A and B shall be used by the Contractor's ISA Certified Arborist to determine the trees requiring arborist inspection and reporting. Concrete work around trees shall be scheduled with the Contractor's Arborist for review during concrete removal to finish inspection before root pruning. The Contractor's Arborist cannot provide an explicit recommendation or request for tree removal. The Contractor shall obtain written approval from the Engineer to perform root pruning or tree removal work. Page SP 6 of 22 Prior to work near trees, the Contractor and Contractor's Arborist shall arrange to meet with the City's Arborist, Mr. John Nelson at (949) 644-3197 at the site to discuss City standards and requirements at these locations. The City's review time may take up to ten working days. Upon review, the Engineer will provide instructions to the Contractor regarding each tree's disposition. Trees slated for removal will be paid at the contract bid price. Working days will not be added to contract time for the City's review. For all tree removals, the Contractor shall post a tree removal notification sign on the subject tree a minimum of 14 calendar days prior to removal. Tree removal signs shall be provided by the City Arborist. The Contractor shall be responsible for coordinating with the City Arborist to procure and post the tree removal signage. Special scheduling is required for all work that will impact the schools in the project area. The schools are Andersen Elementary School, Lincoln Elementary School and Harbor Day School (Private). Work close to these school areas must be scheduled during school holidays of December 23, January 2, 3, or 20th, February 17 to 21, March 12, or April 7 to 11, this includes work on adjacent streets. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 80 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. Unless otherwise approved by the Engineer, construction shall start on December 9, 2024. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 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 $146 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) 2. Third Monday in January (Martin Luther King Day) Page SP 7 of 22 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 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 at 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 $2,000. 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 continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR Page SP 8 of 22 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter at the front desk of Bay 1A at the Civic Center and tender a $1,250.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-8 WORK SITE MAINTENANCE 7-8.1 General All vandalism, including graffiti, at the work site shall be removed by the Contractor within 24 hours. 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. 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. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control Page SP 9 of 22 7-8.6.2 Best Management Practices (BMPs) 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 curb inlets. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. 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. i. Placing plastic sheeting beneath equipment to capture any drips or leaks. j. Covering construction material stockpiles prior to rain events with plastic sheeting. The BMP plan 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 the 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. The contractor shall be liable for any and all related fines. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 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. 7-10.5 Security and Protective Devices Page SP 10 of 22 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. 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 unit and 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. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization, Demobilization, and Cleanup: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Surveying Services: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, preliminary grades, final grades, all horizontal alignment, as -built field notes, establishing centerline ties, adjusting survey monuments, filing pre- and post -construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. This item includes providing survey for all curb and gutter work; and all cross gutters, spandrels, driveway approaches, and alley approaches having less than 0.2 percent grade. Page SP 11 of 22 Item No. 3 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, laminating or covering temporary parking signs with transparent plastic bags or sleeves, and all costs incurred notifying businesses and residents, preparing traffic control plans per Section 601-2, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K-rails, temporary striping, and flag persons. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 4 Prune/Shave Tree Roots: Work under this item shall include, but not limited to, all labor and materials relating to root pruning/root shaving and disposing per Section 308-1, removing and disposing of excess soil, incidental import soil required to bring grades up to subgrade level, reviewing trees identified on the Work Schedules (see Appendices A and B) by ISA Certified Arborist, and all other work required to complete the work in place. This shall include all work for clearing and grubbing roots that are found in all concrete replacement areas. All utilities or other improvements damaged by the work, including, but not limited to, street light conduit and wires and private irrigation lines shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 5 Provide ISA Certified Arborist: Work under this item shall include, but not limited to, retaining an ISA Certified Arborist for the purpose of assessing tree condition for all locations identified on the Work Schedules (see Appendices A and B). The Contractor's arborist shall provide written documentation on the condition of each tree and provide pruning recommendations to the Contractor. Following the Arborist's report, concrete work around the trees may be modified or eliminated from the contract by the Engineer. Item No. 6 Restore Public and Private Improvements: Work under this item shall include, but not limited to, all labor and materials relating to making in -kind repairs to public and private improvements impacted by the work, such as bollards, traffic signs, irrigation systems, handrails and posts, sprinkler heads, bricks, pavers, plants, shrubs, decorative stones and concrete, walls, benches, walks, fences, mailboxes, sod, seeding, synthetic turf, including replacing synthetic turf, modifying synthetic turf base, joining synthetic turf panels, painting red curb and other private improvements to preconstruction conditions or better to the satisfaction of the Engineer, and all other work items as required to complete the work in place. Item No. 7 Remove and Construct Concrete Staircase: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing staircase and upper landing between the parking lot and men's restroom at Bonita Canyon Sports Park West and constructing a new staircase and upper concrete landing (replace in kind). Work under this item shall include compaction of subgrade and contractor procurement and installation of concrete, joint material, rebar, handrails, and all other materials required to construct the new staircase complete, in place. Page SP 12 of 22 Item No. 8 Remove and Construct 4-Inch Thick Concrete Sidewalk (Streets): Work under this item shall include, but not be limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, constructing 4-inch thick minimum concrete sidewalk per CNB STD 180, adjusting sidewalk to grade to match adjacent improvements, reinstallation of private drains (if damaged) per CNB STD 184, and all other work items as required to complete the work in place. Item No. 9 Remove and Construct 4-Inch Thick Concrete Sidewalk (Parks): Work under this item shall include, but not be limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, pumping concrete from the street into the park locations listed (if necessary), constructing 4-inch thick minimum concrete sidewalk per CNB STD 180 (this includes integral colored concrete at Arroyo Park to match existing nearby panels — 250 SF), adjusting sidewalk to grade to match adjacent improvements and all other work items as required to complete the work in place. Pump for this work must be able to accommodate pumping 1" aggregate and have a minimum 4" diameter hose. Item No. 10 Remove and Construct Type "A" Concrete Curb and Gutter: Work under this item shall include, but not be limited to, all labor and materials relating to removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" PCC curb and gutter per CNB STD 182 (including "curb only" park work), 24" wide x 12" deep A.C. slot patch, installing dowels, re -chiseling of curb face for existing underground utilities, reinstallation of private drains through curb (if damaged) per CNB STD 184, and all other work items as required to complete the work in place. Item No. 11 Remove and Construct 6-Inch Concrete Driveway Approach: Work under this item shall include, but not be limited to, all labor and materials relating to sawcutting, removing, and disposing existing improvements associated with curb and gutter removals, and constructing P.C.C. driveway approach per CNB STD 160, CNB STD 161, CNB STD 162, CNB STD 163, and CNB STD 164, 12" wide x 12" deep A.C. patch back, steel plating, and all other work items as required to complete the work in place. Measurement for payment area of the driveway approach shall be in plan view, and include all PCC walkway and curb and gutter surfaces contained within and including the bounds of the driveway wing "top of V as well as all private driveway concrete paving required to join existing private improvements. Item No. 12 Remove and Construct 8-Inch Concrete Cross Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete cross gutter and spandrels, grading and compacting subgrade, procuring, placing, and compacting crushed miscellaneous base, installing smooth galvanized steel bars, constructing concrete cross gutter per CNB STD 185, constructing 24" wide x 12" deep asphalt concrete slot patch adjacent to cross gutter, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Page SP 13 of 22 Item No. 13 Remove Existing and Construct Curb Inlet Deck With New Hardware: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for sawcutting, chipping, concrete removal, disposal, preparation and construction of a concrete curb inlet deck with new hardware per CNB STD 300 and CNB STD 301, restoring all existing improvements damaged by the work, readjusting associated manhole covers to grade, and all other work items as required to complete the work in place, in accordance with the Standard Specifications for Public Works Construction and these Special Provisions. Item No. 14 Remove and Construct Concrete Access Ramp: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete sidewalk, curb and gutter, removing any roots, grading and compacting subgrade, removing asphalt slot next to gutter, constructing concrete access ramps per CNB STD 181 Sheets 1 through 3 and any applicable plan modifications, procuring and paving asphalt slot patch, restoring all existing improvements damaged by the work, modifying landscape and irrigation to match limits of new ramp, and all other work items as required to complete the work in place. Item No. 15 Tree Removal, Stump Grinding and Parkway Restoration: Work under this item shall include, but not limited to, all labor and materials relating to posting tree removal signs on each tree slated for removal; removing and disposing of trees, roots to a minimum depth of 18-inches below ground surface by stump grinding, and soil; adjusting surface grade to match adjacent improvements and include complete grading of parkway to level with sidewalk for entire length of parkway; removing all wood chips and debris from tree removal process, making repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, providing and installing sod, and other private improvements to preconstruction conditions; restoring the ground surface to a new level surface that matches surrounding area and all other work items as required to complete the work in place. The contractor is required to review the trees on the work schedule and include all maybe and removal trees in the bid. Trees which have not been preselected by the City for removal may take up to ten working days to process and formally approve for removal per Section 308-1. Trees listed as "maybe" on the work schedule, will require review by the Contractor's arborist and the contractor is required to remove the concrete improvement next to the tree and contact the City arborist to review the root system to assess the condition before any roots are cut and the City Arborist will make a recommendation for the tree to be removed or saved. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. The quantities of this bid item are subject to change based on the recommendations of the Arborist report. Item No. 16 Remove and Replace Utility Boxes and Covers: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing utility box; furnishing and installing new utility box and cover per CNB STD 204 for street lights, CNB STD 502 and CNB STD 503 for water meters, and per CNB STD 406 for sewer clean outs; reconnecting existing wiring, restoring Page SP 14 of 22 adjacent areas; and completing all other items as required to restore system operations that were damaged by the work. Work under this item shall include coordination with Southern California Gas Company, Cable Television and Telephone companies including requesting new boxes from cable or telephone companies when required and repairing concrete around utility boxes. Location of utility box and cover removals and construction shall be directed by the Engineer during construction. 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. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 and pumped portland cement concrete shall be Class 565-C-3250P, unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2-inch minimum cover unless shown otherwise on the Plans. SECTION 203 — BITUMINOUS MATERIALS Page SP 15 of 22 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course and leveling course shall be Type III-C3-PG 64-10 (20% max RAP). Asphalt concrete base course shall be Type III-132-PG 64-10 (20% max RAP). SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3-feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. Page SP 16 of 22 The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed from existing joint to existing joint. Alternatively, with prior approval from the Engineer, existing concrete may be neatly sawed to form straight edges to join proposed concrete improvements. Saw cuts on concrete surfaces shall be a minimum of two (2) inches deep. Saw cuts on asphalt pavement shall be full depth. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. All saw -cutting operations must be done in a clean manner with wet vacuum and cleaned before sawcutting paste and debris dries. Contractor is responsible for cleaning all residue and debris from the saw -cutting operation on the same day of saw -cutting. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. Driveways and access ramps shall be completed in two pours to create a cold joint between the back of curb and sidewalk or driveway approach. Monolithic pours for driveways and access ramps are not allowed. SECTION 302 - ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by using additional Portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. The contractor shall provide steel plates for driveway access if the concrete curing process will require more than one day. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS Page SP 17 of 22 303-5.1 Requirements 303-5.1.1 General Concrete improvements within the public right-of-way shall be re -opened for pedestrian and vehicular access at the end of each work week on Fridays. All forms shall be removed and asphalt concrete slots shall be backpaved at the end of each work week. The contractor shall schedule work appropriately in order to restore public access at the end of each work week. The City reserves the right to limit and revise the Contractor's proposed work schedule prior to starting future work if the Contractor demonstrates the inability to meet this requirement. Contractor shall provide field survey elevations twenty (20) feet on either side of the proposed concrete improvements along the flowline to confirm positive drainage. If positive drainage is not attainable, Contractor shall notify the Engineer prior to completing the concrete improvements. Concrete replacement shall extend from existing joint to existing joint. 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. The Contractor shall repaint any red curb that is damaged or removed. The curb shall be repainted to match the original red curb lengths." Red Paint shall be "Red Fast Dry", Product Code 181 manufactured by American Traffic Products, Inc. or approved equal. Paint can be purchased by contacting Scott Givens, Roadline Products, 562-404-8889. The Contractor shall repaint any blue curb that is damaged or removed. The curb shall be repainted to match the original blue curb lengths. Curb marking shall be reinstalled within 48 hours from re -pouring of concrete curbs. Contractor shall place Temporary No Parking ANYTIME signs on barricades where red curb marking has been removed and maintain the signs until the curb marking has been replaced. PART 6 - TEMPORARY TRAFFIC CONTROL 600-1 GENERAL SECTION 600 - ACCESS Page SP 18 of 22 Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City. The Contractor shall complete and distribute the notices. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall be allowed to furnish their own "NO PARKING - TOW AWAY" signs if given written approval by the City's Engineer. Samples of Contractor -furnished signs shall be provided to the City if requested during the approval process. The City reserves the right to require the Contractor to laminate or cover signs with a transparent plastic bag or sleeve if they are not enforceable due to damage caused by the environment. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The Contractor shall print the hours, dates, and days of the week of parking restriction on the "NO PARKING -TOW AWAY" sign in 2-inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to all establishments whose access will be impacted by construction operations, particularly sidewalk construction. Page SP 19 of 22 SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) 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 (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. Temporary striping may be required and shall be shown on the TCP. 6. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 7. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. Page SP 20 of 22 8. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. PART 8 - LANDSCAPING AND IRRIGATION SECTION 801 - INSTALLATION 801-1 GENERAL The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned or removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City Arborist at the site to discuss City standards and requirements. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City Arborist. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Prunin a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. Page SP 21 of 22 c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City Arborist. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. Page SP 22 of 22 City of Newport Beach Concrete Replacement Program FY _0^_A--25 (9715-1), bidding on 10124)2024 10:00 AM (PDT) Page I of 4 Printed 11/18/2024 Bid Results Bidder Details Vendor Name Towo Enterprise Inc Address 2S36 Fender Ave Suite D Fullerton, California 92831 United States Respondee Jason Lee Respondee Title Project Manager Phone 714-770-0379 Email jasonlee@towoenterprise.com Vendor Type CADIR License # 986S67 CADIR 1000041158 Bid Detail Bid Format Electronic Submitted 10/24/2024 9:34 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 399904 Respondee Comment Buyer Comment Attachments File Title File Name File Type BID SUBMITTAL C-971S-1 Towo Enterprise Inc.pdf BID SUBMITTAL C-9715-1 Towo Enterprise Inc.pdf General Attachment Bid Bond C-9715-1 Towo Enterprise Inc.pdf Bid Bond C-9715-1 Towo Enterprise Inc.pdf Bid Bond Bid Bond C-9715-1 Towo Enterprise Inc.pdf Bid Bond C-9715-1 Towo Enterprise Inc.pdf Bid Bond PlanetBids City of Newport Beach Concrete Replacement Program FY 2024-25 (9715-1), bidding on 10/24/2024 1 MO AM (PDT) Page 2 of 4 Printed 11n0/2024 Subcontractors Showing 2 Subcontractors Name & Address On Point Land Surveying Inc. 1910 Orange Tree Lane Redlands, California 92374 V&E Tree Service P.O. Box 3280 Orange, California 92865 Desc License Num Surveying LS 8133 Provide ISA 654506 Certified Arborist. Tree Removal and Stump Grinding. CADIR Amount Type 1000003100 $9,350.00 1000001936 $130,500.00 PlanetBids City of Newport Beach Concrete Replacement Program FY 2024-25 (9715-1), bidding on 1012412024 10:00 AM (PDT) Page 3 of 4 Printed 1111812024 Line Items Discount Terms No Discount Item # Item Code Type Item Description Section 1 1 Mobilization, Demobilization, and Cleanup 2 Surveying Services 3 Traffic Control 4 Prune/Shave Tree Roots 5 Provide ISA Certified Arborist 6 Restore Public and Private Improvements 7 Remove & Construct Concrete Staircase 8 Remove &Construct 4-Inch Thick Concrete Sidewalk (Streets) 9 Remove & Construct 4-Inch Thick Concrete Sidewalk (Parks) 10 Remove & Construct Type "A" Concrete Curb and Gutter 11 Remove & Construct 6-Inch Concrete Driveway Approach 12 Remove & Construct 8-Inch Concrete Cross Gutter 13 Remove Existing and Construct Curb Inlet Deck with New Hardware 14 Remove & Construct Concrete Access Ramp 15 Tree Removal, Stump Grinding and Parkway Restoration 16 Remove & Replace Utility Boxes & Covers UOM QTY Unit Price Line Total Response Comment $1.586.380.00 LS 1 $80,000.00 $80.000.00 Yes LS 1 $20,000.00 $20,000.00 Yes LS 1 $40,000.00 $40,000.00 Yes LS 1 $70,000.00 $70,000.00 Yes LS 1 $15,000.00 $15,000.00 Yes LS 1 $50,000.00 $50,000.00 Yes LS 1 $18,000.00 $18,000.00 Yes SF 34830 $13.00 5452,790.00 Yes SF 18760 $16.00 $300,160.00 Yes LF 840 $75.00 $63,000.00 Yes SF 12030 $16.00 5192,480.00 Yes SF 180 $50.00 $9,000.00 Yes EA 2 $15,000.00 $30,000.00 Yes EA 8 $8,500.00 $68,000.00 Yes EA 41 $3,200.00 $131,200.00 Yes EA 55 $850.00 $46,750.00 Yes PlanetBids City of Newport Beach Concrete Replacement Program FY 2024-25 (9715-1), bidding on 10/24/2024 10:00 AM (PDT) Page 4 of 4 Printed 11/18/2024 Line Item Subtotals Section Title Section 1 Grand Total Line Total $1,586,380.00 $1,586,380.00 PlanetBids CONCRETE REPLACEMENT PROGRAM FY 2024-25 CONTRACT NO. 9715-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 19th day of November, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and TOWO ENTERPRISE INC, a California corporation ("Contractor"), whose address is 2536 Fender Avenue, Suite D , Fullerton, CA 92831, 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 the following: Distributing door hanger notifications; Placing "No Parking" signs and traffic control; Posting tree removal signs; Saw cutting and removing concrete sidewalks, parkways, driveways, access ramps, cross gutters, curbs and gutters; Constructing new concrete sidewalks, parkways, driveways, access ramps, cross gutters, curbs and gutters (utilizing pump if necessary); Saw cutting and removing existing concrete staircase and constructing a new concrete staircase; Removing, shaving or pruning tree roots, grading, clearing and grubbing; Removing existing curb inlet decks and constructing new curb inlet decks with new hardware (includes adjusting manhole cover to grade); Removing trees, stump grinding, root removal and grading removal area; Patching areas of concrete curb and gutter and sidewalk; Pumping concrete for improvements in park areas; Restoring private improvements including damaged bricks, walls, and irrigation lines; Restoring survey markers damaged or displaced by the work; Painting curb face and tops red where applicable; Installing grass turf as necessary to match existing private grass turf; Removing and replacing utility boxes, valves, and cleanouts damaged or displaced by the work; Providing temporary access during construction; and other incidental items to complete work in place as required by the Contact Documents (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. 9715-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million Five Hundred Eighty Six Thousand Three Hundred Eighty Dollars and 00/100 ($1,586,380.00). 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. Towo Enterprise Inc Page 2 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 Jason Lee to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 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. Towo Enterprise Inc Page 3 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: Jason Lee Towo Enterprise Inc 2536 Fender Avenue, Ste D Fullerton, CA 92831 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Towo Enterprise Inc Page 4 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an 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 Towo Enterprise Inc Page 5 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 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), Towo Enterprise Inc Page 6 demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. Towo Enterprise Inc Page 7 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 1 n the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. Towo Enterprise Inc Page 8 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. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. Towo Enterprise Inc Page 9 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] Towo Enterprise 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:jo > !S49 07 p? H CITY OF NEWPORT BEACH, a California municipal corporation Date: 11%r 9 /-Z- o z y By: of By: � Aaron1C. Harp '%?� Will O'Neill City Attorney 'al3��a Mayor ATTEST: CONTRACTOR: TOWO ENTERPRISE Date: INC, a California corporation Date: fin.. Signed in Counterpart By: WUX By: Leilani I. Brown Yuri Su Chung City Clerk ��WP RT Chief Executive Officer, Secretary, �y Chief Financial Officer O� v _ _ [END OF SIGNATURES] CgCIFOR- Attachments: it A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Towo Enterprise Inc Page 11 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: i() /In /z oz q By: Aarob C. Harp // City Attorney �0/ °� ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: BY: Will O'Neill Mayor CONTRACTOR: TOWO ENTERPRISE INC, a California corporation Date: I I lobl2o24- By: Yun Su Chung 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 Towo Enterprise Inc Page 11 Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 0103558 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Towo Enterprise Inc hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of the following: Distributing door hanger notifications; Placing "No Parking" signs and traffic control; Posting tree removal signs; Saw cutting and removing concrete sidewalks, parkways, driveways, access ramps, cross gutters, curbs and gutters; Constructing new concrete sidewalks, parkways, driveways, access ramps, cross gutters, curbs and gutters (utilizing pump if necessary); Saw cutting and removing existing concrete staircase and constructing a new concrete staircase; Removing, shaving or pruning tree roots, grading, clearing and grubbing; Removing existing curb inlet decks and constructing new curb inlet decks with new hardware (includes adjusting manhole cover to grade); Removing trees, stump grinding, root removal and grading removal area; Patching areas of concrete curb and gutter and sidewalk; Pumping concrete for improvements in park areas; Restoring private improvements including damaged bricks, walls, and irrigation lines; Restoring survey markers damaged or displaced by the work; Painting curb face and tops red where applicable; Installing grass turf as necessary to match existing private grass turf; Removing and replacing utility boxes, valves, and cleanouts damaged or displaced by the work; Providing temporary access during construction; and other incidental items to complete work in place as required by the Contact Documents 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, Developers Surety and Indemnity Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million Five Hundred Eighty Six Thousand Three Hundred Eighty Dollars ($1,586,380.00) 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. Towo Enterprise Inc Page A-1 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. 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. Towo Enterprise Inc Page A-2 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 19th day of November , 20 24 . Towo Enterprise, Inc Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety 17771 Cowan, Suite 100, Irvine, CA 92614 Address of Surety (877) 528-7878 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: � ��h 2_ 0 %q By: -C Aaroh C. Harp U �\ \ti by City Attorney 1XV Authorized natureffitle i YuN V U N6 0 PRFSt0GNT Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Towo Enterprise Inc Page A-3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On Nov. 6, 2024 before Ire, Young Wan Choi, Notary Public (Here insert name and title of the officer) personally appeared YUN SU CHUNG who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. YOUNG M.#i iHo� i NOTARY PUBUC • CAUFORMA O ORANGE COUNTY Comm. F, urea May 5, 2025 (Notar a Signature f No u lic ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT LABOR & MATERIALS PAYMENT BOND (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califbrnia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to he recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certi&ing the authorized capacity of the signer). Please check the document carefrtlly fm• proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area pcmnits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasscs.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 CC CC.aCC C.aC�C�fC•s�2!ac.aC.aC C.a .a..aC.a•.. •.aCa .a ..� .a .a .aC!a .aC a .aC.aC a. aC.aC.aC!c�C .aC.a..�C�C�C!�C. 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 10/30/2024 Date before me, Alma Karen Hernandez, Notary Public Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof Signerrr* who proved to me on the basis of satisfactory evidence to be the persons} whose name(§. is/aye subscribed to the within instrument and acknowledged to me that se/she/they executed the same in flit/her/thee .r authorized capacity l*, and that by tiWher/theu- signature on the instrument the person(* or the entity upon behalf of which the personK 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. ALMA KAREN HERNANDEZ Notary Public - California L� Z Orange County ' Commission # 2390908 - Signature My Comm. Expires Jan 16, faze Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Labor and Materials Title or Type of Document: Payment Bond No. 0103558 Document Date: 11/19/2024 Number of Pages: Four (4) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: • . • . • • • . • . • • / • • i • POWER OFATTORNF,Y FOR COREPOINTE INSURANCE COMPANY DEVELOPERSSURETYAND INDEMNITY COMPANY 59 Maiden lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW-ALL BY THESEPRESENTSthut, except as expressly limited herein, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint: William Syrkin, Richard Adiar, and Rebecca Haas -Bates , of Irvine. CA as its true and lawful Attomey-in-Fact, to make, execute, deliver and acknowledge, for and on behalfof said companies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said company full power of substitution and revocation, and all of the acts of said Attorney -in -Pact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is effective November 19, 2024 and shall expire on December 31, 2025. This Power of Attorney is granted and is signed under and by authority ofthe billowing resolutions adopted by the Board of Directors ofCOREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company") on February 10, 2023. RESOLVED, that Sam Zaza_ President Surety Underwriting, .lames Bell. Vice President. Surety Undenvritine, and Craig, Dawson- Executive Underwriter. Surety, each an employee of AmTrust North America, Inc., an affiliate ofthe Company (the "Authorized Signors"), are hereby authorized to execute a Power of Attorney, qualifying attorney(s)-in-fact named in the Power of Attorney to execute, on behalf of die Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations, and that the Secretary or any Assistant Secretary ofthe Company be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney. RESOLVED, thatthe signature ofany one ofthe Authorized Signors and the Secretary or any Assistant Secretary ofthe Company, and the seal ofthe Company must be alfixed to any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking Or COntMCt OI Suretyship to which it is attached. IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be sighed by die Authorized Signor and attested by their Secretary or Assistant Secretary this March 27, 2023 f J • .. GOpORgT Printed Na c: Sam Zaza O Title: _President Surety Underwriting L11 SEAL •: 0 b:'••�F �c: • 2`: ACKNOWLEDGEMENT: CAWNR • Y. 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 ••.• ���( AND J • GORPORgT ,�� c9 ��' ``O••. Lu..2 �Lu.. 1936 .�+ ......... On this 27 day of March , 20 23 , before tile. Hoang-QUYen Phu Pham , personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they ..tcd the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument. I certily, under penalty of perjury, under the laws ofthe State oh California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HOAN&QUYEN P. 1rH7 f _ J Notary Public - California Signature y r i Orange County a Commission # 2432970 +r,�e•"� My Comm. Expires Dec 31, 2026 CORPORATE CERTIFICATION The undersigned. the Secretary or Assistant Secretary ofCOREPOINTE' INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions ofthe resolutions ofthe respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as ofthe date ofthis Certification. This Certification is executed in the Citv of Cleveland, Ohio, this March 19, 2023. BY FZ� DocuSigned by: 4M,4 (b hbSLS Barry W. Moses, Assistant Secretary POA No. N/A 6864156ADE548C... DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C1E455E6530F Ed.0323 No. 4606-0 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the Slate of California, Developers Surety and Indemnity Company of California, organized under the laws of California, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, Legal, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany, ofthe applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 1st day of November, 2017, I have set my hand and caused my ofcial seal to be affixed this P day of November, 2017. Dave Jones Insurance Commissioner By Valerie Sarfaty for Joel Laucher Chief Deputy NOTICE: Qualification with the Secretary of State must, be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. Premium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 0103558 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ rate of $ 20.00 728.00 being at the thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Towo Enterprise Inc hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of the following: Distributing door hanger notifications; Placing "No Parking" signs and traffic control; Posting tree removal signs; Saw cutting and removing concrete sidewalks, parkways, driveways, access ramps, cross gutters, curbs and gutters; Constructing new concrete sidewalks, parkways, driveways, access ramps, cross gutters, curbs and gutters (utilizing pump if necessary); Saw cutting and removing existing concrete staircase and constructing a new concrete staircase; Removing, shaving or pruning tree roots, grading, clearing and grubbing; Removing existing curb inlet decks and constructing new curb inlet decks with new hardware (includes adjusting manhole cover to grade); Removing trees, stump grinding, root removal and grading removal area; Patching areas of concrete curb and gutter and sidewalk; Pumping concrete for improvements in park areas; Restoring private improvements including damaged bricks, walls, and irrigation lines; Restoring survey markers damaged or displaced by the work; Painting curb face and tops red where applicable; Installing grass turf as necessary to match existing private grass turf; Removing and replacing utility boxes, valves, and cleanouts damaged or displaced by the work; Providing temporary access during construction; and other incidental items to complete work in place as required by the Contact Documents 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 Developers Surety and Indemnity Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Five Hundred Eighty Six Thousand Three Hundred Eighty Dollars ($1,586,380.00) 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. Towo Enterprise Inc Page B-1 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 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. Towo Enterprise Inc Page B-2 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 19th day of November 2024 Towo Enterprise, Inc Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety 17771 Cowan, Suite 100, Irvine, CA 92614 Address of Surety (877) 528-7878 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: s Aar n C. Harp Sti.1x City Attorney ��'%v Authorized O nature/Title -UNG ( PRE9I0GNT Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Towo Enterprise Inc Page B-3 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On Nov. 6, 2024 before me, Young Wan Choi, Notary Public (Here insert name and title of the officer) personally appeared YUN SU CHUNG 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. YOUNG WAN CHOI WITNESS my hand and official seal. C COMUBLICM. *CALIFORNIAe � NOTARY PUBLIC � ALIFO ORANGE COUNTY �G Comm. ExQiresun w5 (Notary Seal) Signature of Notaryis ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT FATHFUL PERFORMANCE BOND (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in CaliJo•nia must contain verbiage mactly as appears above. in the notate section or a separate acknowledgment form nvtst be properly completed and attached to that document. The only exception is if a document is to he recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal.fo• a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document c•arefidlvfor proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lie/she/they,— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE • •GMENT CIVIL COD�<s�¢.c�t.c�c.c�•s�esR.c� ..� .v.. s�..a.!c� c�..a<.c.4.at.o.• sa. a�<s�c.a..c�<.as�..c� .:�<.c�R!a spa. 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 10/30/2024 Date before me, Alma Karen Hernandez, Notary Public personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer NameKof Signerr* who proved to me on the basis of satisfactory evidence to be the person* whose name(. is/are subscribed to the within instrument and acknowledged to me that he/she/they[ executed the same in Pis/her/their authorized capacity, and that by his/her/chair signature4on the instrument the person(5), 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. 04,-.-"'i�_My ALMA KAREN HERNANDEZ Notary Public - Californiaorange County Signature ZCommission:# 239090jZ6 Signature of Notary Public Comm. Expires Jan 16, Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Faithful Performance Title or Type of Document: Bond No. 0103558 Document Date: Number of Pages: Four 4 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company 11 / 19/2024 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited O General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: i�.4�.4�.4"✓i�.4�.4`.4�.4`,4�4�4'�l�i��/.4�.4�4'✓4`.4'✓4l:•-a4�,4�4\S/-✓G"✓'L4�'✓.4t/4\✓4'ei4'J4�4�✓.4'✓4�4�.4C✓.4�✓.4(✓. 4�✓4�✓,4'✓4�.4�:4.�yti • @2014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW-ALL BY THESE -PRESENTS -that,, except as expressly limited herein, COREPOINTE INSURANCE COMPANY -and -DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint: Richard Adiar, and Rebecca Haas -Bates of Irvine. CA as its true and lawful Attorney -in -Fact, to make, execute, deliver and acknowledge, for and on behalfol'said companies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney -in -Pact fulf power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said company fill power of substitution and revocation, and all of the acts of said Atiomcy-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is effective November 19, 2024 and shall expire on December 31, 2025. This Power ofAttorney is granted and is signed under and by authority ofthe following resolutions adopted by the Board of Directors ofCOREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company") on February 10, 2023. RESOLVED, that Sam Zaza, President_ Surety Underwriting, .lames Bell. Vice President Surety Undervritin , and Craig Dawson. Executive Underwriter. Surety, each an employee of AmTrust North America, Inc.. an affiliate ofthe Company (the "Authorized Signors"), are hereby authorized to execute a Power of Attorney, qualifying attorney(s)-in-fact named in the Power of Attorney to execute. on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations, and that the Secretary or any Assistant Secretary ofthe Company be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney. RESOLVED, that the signature of any one ofthe Authorized Signors and the Secretary orally Assistant Secretary ofthe Company, and the seal ofthe Company must be affixed to any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the lirture with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this March 27, 2023 \\BY:\1/111111 j/II \\111/IIff I1/ ' �•`� NSURA . .`\� Y AND / • p O� R,qT• C� ' J� R Rq Printed Nai1Ti Sam Zaza ��: •G �•. C� � : •a�' TcE�•,�2 Title: President, Surety Underwriting ACKNOWLEDGEMENT: O; �SEA01. LD '•F�AWNR • • Y 110.00 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 1f1111t 1 1936 On this 27 day of March-, 2023 , before me. Hoang-Quyen Phu Pham , personally appeared Sam Zaza who proved to me on the basis ofsatisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument. I certify, under penalty of perjury, under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HOANG-QUYEN P. ►HAM i Notary Public - California SignaturOrange County > e _ L.,r ( Commission 1/ 2432970 'r Fo•"� My Comm. Expires Dec 31, 2026 CORPORATE CERTIFICATION The undersigned, the Secretary or Assistant Secretary of COREPOINfE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions ofthe resolutions ofthe respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as ofthe date of this Certification. This Certification is executed in the City of Cleveland. Ohio, this March 19, 2023. By r1_❑ocu5igned by: ZM4 W FAQ S Barry W. Moses, Assistant Secretary POA No. N/A \— 686415E7ADE54 Be... DocuSignEnvelope ID:33526FD6-5E9D-4796-837E-C1E455E6530F Ed.0323 No. 4606-0 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Developers Surety and Indemnity Company of California, organized under the Paws of California, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, Legal, 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 hereofnow and hereafter being in ,frill compliance with all, and not in violation ofany, ofthe applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the I` day of November, 2017,1 have set my hand and caused my official seal to be affixed this I" day of November, 2017. Dave Jones Imurance Commissioner BY Valerie Sarfaty for Joel Laucher Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failureto do so will be a violation oflnsurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein, 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 and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from Towo Enterprise Inc Page C-1 premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. 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: 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 Towo Enterprise Inc Page C-2 shall be included as additional insureds under such policies. C. Primary and Non -Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its 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. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor 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. Towo Enterprise Inc Page C-3 C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. 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. Towo Enterprise Inc Page C-4 H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Towo Enterprise Inc Page C-5 ) » \ � ] .. . .�. . � � . u \ ) k { _\ ._ ƒ � \ m u 'E . a } �\ \ . ] 2 \ k ) M . ] $ < � E . § . k . £ / LO . £ \ .k k . j \ § . o ) ) R ),g' 2 / §' . . . �3 an m . �7/)&\) § . & . 2 ) 2 m E § k