HomeMy WebLinkAbout05 - Irrigation Controller Replacement Phase 2 - Award of Contract No. 9735-1Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
March 25, 2025
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kevin Pekar, Public Works Superintendent - 949-644-3069,
kpekar@newportbeachca.gov
TITLE: Irrigation Controller Replacement Phase 2 — Award of Contract
No. 9735-1
ABSTRACT:
The City of Newport Beach received construction bids for Phase 2 of the
Irrigation Controller Replacement project. Staff requests City Council approval to award
the construction contract to EMTS, Inc. (EMTS) of Clovis. This project replaces and
upgrades 37 outdated controllers at the Civic Center and various parks and right-of-way
locations.
RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because this project has no potential to have
a significant effect on the environment;
b) Award Contract No. 9735-1 to EMTS for the total bid price of $480,202.74 for the
replacement of 37 irrigation controllers, and authorize the Mayor and City Clerk to
execute the agreement; and
c) Establish a contingency of $24,000 (approximately 5% of total bid) to cover the cost
of unforeseen work not included in the original contract.
DISCUSSION:
The City's Fiscal Year 2024-25 Park Maintenance Master Plan (PMMP) includes
Phase 2 of updating the City's irrigation controllers. This project replaces 37 outdated
controllers at various locations and continues the City's conversion to a cloud -based
system that allows staff to monitor and control irrigation and its programming from any
location via computer, tablet or cell phone.
The Public Works Department issued the Request for Bids (RFB) for replacement of
37 irrigation controllers through the City's electronic bidding portal.
5-1
Irrigation Controller Replacement Phase 2 — Award of Contract No. 9735-1
March 25, 2025
Page 2
One hundred fifty-nine vendors were notified and at 2 p.m. on February 12, 2025, the
City Clerk opened and read the bids for this project.
BIDDER
BID AMOUNT
Low
The Davey Tree Expert Company
$472,186.08
2nd
EMTS, Inc.
$480,202.74
3rd
Superb Engineering
$494,533.00
4th
Greenfield Landscaping & Maintenance
$495,888.00
5th
American Landscape, Inc.
$549,512.00
6th
Merchants Landscape, Inc.
$577,532.56
7th
SGD Enterprises
$593,000.00
8th
Environmental Construction, Inc.
$650,360.00
9th
Nakae & Associates, Inc.
$655,055.00
10th
Kormex Construction, Inc.
$788,000.00
The City received 10 bids for these services. The Davey Tree Expert Company was
determined non -responsive for not providing its bid bond sealed and delivered prior to the
bid opening. The lowest responsible bidder, EMTS, possesses a California State
Contractor's License Classification C-27, as required by the project specifications, and a
review of its references shows satisfactory completion of similar projects.
After the bid opening, the City received a bid protest claiming deficiencies in the apparent
low bidder's responsiveness and ability to perform the work. Public Works Department
and City Attorney's Office staff reviewed and considered the bid protest, relevant
provisions of State law, and the bid responses, and concluded that EMTS is the lowest
responsible bidder and has the capacity and experience to satisfactorily perform the work
for this project. The protest letter is included as an attachment to this report.
Pursuant to the contract specifications, the contractor will have 120 consecutive working
days to complete the work. Work is scheduled to start in April 2025.
FISCAL IMPACT:
The adopted Capital Improvement Program budget includes sufficient funding for this
contract. It will be expensed to the PMMP account in the Public Works Department,
57001-980000-25P02. The following funds will be expended:
Account Description Account Number Amount
PMMP 57001-980000-25P02 $ 504,202.74
Total: $ 504,202.74
Proposed fund uses are as follows:
Vendor Purpose Amount
EMTS Construction Contract $ 480,202.74
EMTS Construction Contingency $ 24,000.00
Total: $ 504,202.74
5-2
Irrigation Controller Replacement Phase 2 — Award of Contract No. 9735-1
March 25, 2025
Page 3
Staff recommends including $24,000 (approximately 5% of total bid) for contingency
purposes and unforeseen conditions associated with construction.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential to have a significant effect on the environment.
k 911 d ill reia
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Contract
Attachment B — Protest Letter
5-3
ATTACHMENT A
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
CONTRACT NO.9735-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 25th day
of March, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and EMTS, Inc., a California
corporation ("Contractor"), whose address is 2972 Larkin Ave, Clovis, CA 93612, 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 cant' 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 contractor to purchase
and install Toro DXi Central Irrigation Controllers with Laguna software in various _
locations throughout the City of Newport Beach (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. 9735-1, 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
5-4
materials to be furnished shall be in strict accordance with the provisions of the Contract
Documents. Contractor is required to perform all activities, at no extra cost to City, which
are reasonably inferable from the Contract Documents as being necessary to produce
the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of Four Hundred Eighty Thousand Two Hundred Two Dollars
and 74/100 ($480,202.74). -
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Jose Arce 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
EMTS, Inc. Page 2
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requirements set forth in the Contract.and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with the
Government Claims Act (Government Code 900 et seq.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any,successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, -and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Director of Public Works
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Ranisa Wells
EMTS, Inc.
2972 Larkin Ave
Clovis, CA 93612
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.
EMTS; Inc. Page 3
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Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit B and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
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
EMTS, Inc. Page 4
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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
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
EMTS, Inc. Page 5
W.,
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any- person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of the
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
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
EMTS, Inc. Page 6
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and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the,
terms of this Contract, except to the extent provided for above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest. -
18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Contract by City. Contractor shall
indemnify and hold harmless City for any and all -claims for damages resulting from
Contractor's violation of this Section.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
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two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Contractor has not been previously paid.
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and -agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies.
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.
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20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this contract, the prevailing party, shall not be entitled to attorneys' fees.
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project site, has become familiar with the
local conditions under which the Work is to be performed, and has correlated all relevant
observations with the requirements of the Contract Documents. .
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]
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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: %S 125
By: ~.
Aaron C4 Harp
City Attorney
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
CONTRACTOR:
corporation
Date:
EMTS, INC., a California
By:
Guy Stockbridge
Chief Executive Officer, Chief Financial
Officer
Date:
Bv:
Darin Sherlock
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
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EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to EMTS,
Inc. hereinafter designated as the "Principal," a contract for The work necessary for the
completion of this contract consists of the contractor to purchase and install Toro DXi
Central Irrigation Controllers with Laguna software in various locations throughout the
City of Newport Beach. 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,
duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four
Hundred Eighty Thousand Two Hundred Two Dollars and 74/100 ($480,202.74) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount payable by the City of Newport Beach under the terms of the Contract; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
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required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
0
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
(Corporate Seal)
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
EMTS, Inc. Page A-2
5-15
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) ss.
On , 20 before me, ,
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of I ss.
On , 20 before me, ,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
EIVITS, Inc. Page A-3
5-16
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Newport Beach, (hereinafter referred to as "City")
has awarded to EMTS, Inc., (hereinafter referred to as the "Contractor") an agreement for
the The work necessary for the completion of this contract. consists of the. contractor to
purchase and install Toro DXi Central Irrigation Controllers with Laguna software in
various locations throughout the City of Newport Beach. (hereinafter referred to as the
"Project").
WHEREAS, the work to be performed by the Contractor is more particularly set
forth in the Contract Documents for the Project dated March 25, 2025, (hereinafter
referred to as "Contract Documents"), the terms and conditions of which are expressly
incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the
terms thereof and to furnish a bond for the faithful performance of said Contract
Documents.
NOW, THEREFORE, we, the undersigned Contractor and
as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of
California, are held and firmly bound unto the City in the sum of Four Hundred Eighty
Thousand Two Hundred Two Dollars and 74/100 ($480,202.74), said sum being not less
than one hundred percent (100%) of the total amount of the Contract, for which amount
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, their or
its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the 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 their intent and meaning; and shall faithfully fulfill all obligations
including the one (1) year guarantee of all materials and workmanship; and shall
indemnify and save harmless the City, their respective officials, officers, employees, and
authorized volunteers, as stipulated in said Contract Documents, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees
including reasonable attorney's fees, incurred by City in enforcing such obligation.
EMTS, Inc. Page B-1
5-17
As a condition precedent to the satisfactory completion of the Contract Documents,
unless otherwise provided for in the Contract Documents, the above obligation shall hold
good for a period of one (1) year after the acceptance of the work by City, during which
time if Contractor shall fail to make full, complete, and satisfactory repair and
replacements and totally protect the City from loss or damage resulting from or caused
by defective materials or faulty workmanship. The obligations of Surety hereunder shall
continue so long as any obligation of Contractor remains. Nothing herein shall limit the
City's rights or the Contractor or Surety's obligations under the Contract, law or equity,
including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under
the Contract Documents, the Surety shall remedy the default pursuant to the Contract
Documents, or shall promptly, at the City's option:
Take over and complete the Project in accordance with all terms and
conditions in the Contract Documents; or
Obtain a bid or bids for completing the Project in accordance with all terms
and conditions in the Contract Documents and upon determination by
Surety of the lowest responsive and responsible bidder, arrange for a
Contract between such bidder, the Surety and the City, and make available
as work progresses sufficient funds to pay the cost of completion of the
Project, less the balance of the contract price, including other costs and
damages for which Surety may be liable. The term "balance of the contract
price" as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less
any amount previously paid by the City to the Contractor and any other set
offs pursuant to the Contract Documents.
iii. Permit the City to complete the -Project in any manner consistent with
California law and make available as work progresses sufficient funds to
pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which. Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall
mean the total amount payable to Contractor by the City under the Contract
and any modification thereto, less any amount previously paid by the City
to the Contractor and any other set offs pursuant to the Contract
Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligations in the event of default by,
the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept
a bid from Contractor for completion of the Project if the City, when declaring the
Contractor in default, notifies Surety of the City's objection to Contractor's further
participation in the completion of the Project.
EMTS, Inc. Page B-2
5-18
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the Contract Documents or to the Project 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, alteration or addition to the
terms of the Contract Documents or to the Project.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of ,20
Name of Contractor (Principal) Authorized Signature/Title
Name of Surety
Address of Surety
Telephone
(Attach Attorney -in -Fact Certificate)
Attorney -in -Fact
Print Name and Title
(Corporate Seal)
The rate of premium on this bond is per thousand. The total amount of
premium charges is $
(The above must be filled in by corporate attorney.)
Any claims under this bond may be addressed to:
(Name and Address of Surety or
Agent for Service in California)
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
M
Aaron C. Harp
City Attorney
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
EMTS, Inc. Page B-3
5-19
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) ss.
On , 20 before me, ,
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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
(seal)
County of } ss.
On 20 before me, ,
Notary Public; personally appeared ,
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
EMTS, Inc. Page B-4
5-20
EXHIBIT C
INSURANCE REQUIREMENTS
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
EMTS, Inc. Page C-1
5-21
dollars ($2,000,000) per occurrence, four million dollars ($4,000,000)
general aggregate and four million dollars ($4,000,000) completed
operations aggregate. The policy shall cover liability arising from
premises, operations, products -completed operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
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
EMTS, Inc.
Page C-2
5-22
liability, and automobile liability, if required, shall provide or be endorsed
to provide that City, its City Council, boards and commissions, officers,
agents, volunteers, employees, and any person or entity owning or
otherwise in legal control of the property upon which Contractor performs
the Project and/or Services contemplated by this Agreement shall be
included as additional insureds under such policies.
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 afterthe date on the "Notification
of Award". Insurance certificates and endorsements must be approved by
City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during
the term of this Contract. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to
bind coverage on its behalf. At least fifteen (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.
EMTS, Inc. Page C-3
5-23
B. City's Right to Revise Requirements. The City reserves the right at any
time during the term of the Contract to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
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.
EMTS, Inc. Page C-4
5-24
G. City Remedies for Non -Compliance. If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Contract, or to suspend Contractor's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Contractor or
reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
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.
EMTS, Inc. Page C-5
5-25
ATTACHMENT B
pert
Engineering
2/27/25
VIA E-MAIL
City of Newport Beach
100 Civic Center Dr.
Newport Beach, CAS 92660
RE: Superb Engineering, Inc.'s Protest of The Davey Tree Expert Company and EMTS, Inc.
Proiect: —Irrigation Controller Replacement Phase 2
To Whom It May Concern:
On behalf of Superb Engineering, we formally submit this protest regarding the bid results for the
Irrigation Controller Replacement Phase 2 project. Based on our review of the qualifications submitted
by the two lowest bidders, The Davey Tree Expert Company and EMTS, Inc. dba Elite Maintenance &
Tree Services, we respectfully challenge their experience in meeting the project's specific
requirements.
I. The Davey Tree Expert Company — Lack of Relevant Experience
The Davey Tree Expert Company provided the following project experience:
1. City of Manassas Park Downtown — Landscape removal, utility infrastructure coordination, and
revegetation.
2. Fairfax County Government, VA — Tree services, vegetation management, and watershed
vegetation.
3. University of California — San Francisco — Fire mitigation and vegetation management BMPs.
4. City of Pacifica Tree Vegetation Management — Tree and vegetation management.
5. Emergency Response — Hurricane Storm Damage — Emergency assistance for storm damage in
Texas.
6. Loudoun Water Authority Infrastructure Assistance — Municipal stormwater management.
The above -listed projects do not demonstrate specific experience in purchasing and installing Toro
DXI Central Irrigation Controllers with Laguna software, which is a critical requirement of this
contract. The projects described primarily focus on vegetation management, tree services, and
stormwater infrastructure —none of which establish their ability to successfully execute this specialized
irrigation installation work. We request that the City of Newport Beach conduct a further review of
their qualifications and direct experience with irrigation control systems of this nature.
Additionally, we request the City investigate the number of arbitrations, lawsuits, and settlements they
disclosed on page 20 of their bid submittal. This may indicate prior challenges in project execution,
which could impact their ability to complete this project successfully and within the City's
expectations.
P.O. Box 3036 - Beaumont, CA 92223 — 909-262-4626
Lic. No. 1074243
5-26
*6.perb
Engineering
II. EMTS, Inc. — Public Project Experience Deficiency
EMTS, Inc. provided the following project experience:
1. Clovis Community Hospital Landscape Improvements
2. Disneyland Parking Lot Improvements
3. Quail Lakes ($35K contract, while the requirement was for projects of $150K or more)
4. San Joaquin Country Club Renovations
5. Seefried — DSJ5 — Fresno
6. Logistic Center at Fairfield — Project No. 21506
While these projects include landscaping improvements, they appear to have been performed for
private entities rather than public agencies. Given that the Irrigation Controller Replacement Phase 2
project is a public works contract for the City of Newport Beach, prior public agency experience is a
critical factor in ensuring compliance with public contract codes, prevailing wage requirements, and
municipal project management standards.
We respectfully request that the City review whether EMTS, Inc. has demonstrated prior successful
completion of public sector irrigation control projects of similar scope and complexity.
III. Superb Engineering — The More Qualified Bidder
Superb Engineering specializes in public works construction projects, particularly those involving
irrigation system installations. Our extensive experience in public agency projects ensures our ability
to meet contract specifications, adhere to municipal standards, and successfully deliver this project.
IV. Request for Review and Action
Based on the concerns outlined above, we formally request the City of Newport Beach to:
1. Further investigate whether The Davey Tree Expert Company has sufficient direct experience
in installing Toro DXI Central Irrigation Controllers with Laguna software and review the
litigation history they disclosed.
2. Verify whether EMTS, Inc. has completed comparable public agency projects of similar scope
to demonstrate the ability to comply with municipal contract requirements.
3. Reconsider the award in favor of a contractor with proven expertise in public works
construction rather than maintenance -focused firms.
We appreciate your time and consideration of this matter and look forward to your response. Please let
us know if any additional information is needed.
Sincerely,
Estela Candelario
President
Superb Engineering
(909) 269-2333
P.O. Box 3036 - Beaumont, CA 92223 — 909-262-4626
Lic. No. 1074243
5-27
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
before 2:00 PM on the 12 day of February, 2025,
at which time such bids shall be opened and read for
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
$425,000.00
Project Estimate
Approved b.y �
James M. Houlihan
1eputy PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanylD=22078
Contractor License Classification(s) required for this project: Minimum `B",
"C27", AND/OR a "C10"
For further information, call Kevin Pekar, Project Manager at (949) 644-3069
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor-
registration
5-28
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
TABLE OF CONTENTS
NOTICEINVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS...................................................................................... 3
BIDDER'S BOND............................................................................................................ 6
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................10
NON -COLLUSION AFFIDAVIT..................................................................... 14
DESIGNATIONOF SURETIES...................................................................... 15
CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................16
ACKNOWLEDGEMENT OF ADDENDA.......................................................................18
INFORMATION REQUIRED OF BIDDER.....................................................................19
NOTICE TO SUCCESSFUL BIDDER........................................................................... 22
PROPOSAL.............................................................................................................. PR-1
K
5-29
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
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 before the Bid Opening.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the
project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of
the envelope containing the documents.
5. The estimated quantities indicated in the PROPOSAL are approximate and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
3
5-30
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. The City may request clarification on any information
contained in a bid. The City may consider the qualifications of the proposers and whether the
bids comply with the prescribed requirements. 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:
El
5-31
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been reviewed.
694001 C27, C61, D49
Contractor's License No. & Classification
BT30083744 Ex:2/28/2025
DIR Registration Number & Expiration Date
The Davey Tree Expert Company
Bidder
5
Managing Consultant
Authorized Signature/Title
February 12, 2025
Date
5-32
City of Newport Beach
RRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-
IDDER'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
Dollars ($
to be paid and forfeited to the City of Newport Beach if the bid
proposal of the undersigned Principal for the construction of IRRIGATION
CONTROLLER REPLACEMENT PHASE 2, Contract No. 9735-1 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 _12th___day of February __, 2025.
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
Authorized Signature/Title
Print Name and Title
Refer to Bond Attachment
(Notary acknowledgment of Principal & Surety must be attached)
0
5-33
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 " 14` v
Count of 1 ss. I
On Fr IL
20 q r-:; before me.
Notary Public, perS,6nally appeared.Q�
who proved to me on the basis of satisfactory evidence to be the terson(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Jamie McMullen
*; Notary Public, State of Ohio
? :r;,•, : — My Commission Expires:
August 15, 2027
,rqT Q��
Sig ture "'e °F( .eal)
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity(ies) claimed by Signer(s):
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
5-34
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )Ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
E
(seal)
5-35
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
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.
The Davey Tree Expert Company Aud &&61e Managing Consultant
Bidder
9
Authorized Signature/Title
5-36
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name The Davey Tree Expert Company
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $150,000, provide the following information:
No. 1
Project Name/Number City of Manassas Park Downtown - Landscape Redesign
Project Description
Landscape removal, utility infrastructure coordination, revegetation
Approximate Construction Dates: From Spring 2024 To: Fall 2024
Agency Name Department of Transportation
Contact Person
Steven Hall Telephone ( ) 703-335-8800
Original Contract Amount $180,000 Final Contract Amount $ 220,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Change order due to additional request by the municipality
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
5-37
No. 2
Project Name/Number
Fairfax County Government VA
Project Description Tree Services, Vegetation Management, Watershed Vegetation
Approximate Construction Dates: From 2020 To: March 2025
Agency Name
Contact Person
Patrick Thompson
Park Authority
Telephone (
703-408-7913
Original Contract Amount $ 800,000 Final Contract Amount $1,250,000 +/-
If final amount is different from original, please explain (change orders, extra work, etc.)
Change order due to diversification of portfolio, including work on PL 566 projects for water quality protection
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.
We
No. 3
Project Name/Number University of California - San Francisco
Project Description
Fire Mitigation and Vegetation Management BMPS
Approximate Construction Dates: From 2022 To: Ongoing
Agency Name
Universitv of California
Contact Person Morgan Vaisset - Fauvel Telephone ( ) 415-653-9629
Original Contract Amount $ 357,150 Final Contract Amount $ 700,000 +/-
If final amount is different from original, please explain (change orders, extra work, etc.)
Change orders based on additional request - fire protection/mitigation
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. 4
Project Name/Number
City of Pacifica Tree Vegetation Mgt.
Project Description Tree and Vegetation Care
Approximate Construction Dates: From
2021 To: 2023
11
5-38
Agency Name
Contact Person
Pacifica Public Works Department
Gino Assereto
Telephone (
Original Contract Amount $150,000 Final Contract Amount $ 150,000
650-738-3760
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
No. 5
Project Name/Number Emergency Response - Hurricane Storm Damage
Project Description Special Taxing District, Woodlands Township, TX Emergency Assistance
Approximate Construction Dates: From
Summer 2024 To: Fall 2024
Agency Name Parks and Recreation Department - The Woodlands
Contact Person Mitch Hall
Telephone ( )
281-210-3908
Original Contract Amount $ Hourly Final Contract Amount $ 400,000 +/-
If final amount is different from original, please explain (change orders, extra work, etc.)
Rates based on hourly emergency response, time, material and mobilization
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
5-39
No. 6
Project Name/Number
Project Description
Loudoun Water Authority Infrastructure Assistance
Municipal Stormwater Management
Approximate Construction Dates: From
2020 To: Ongoing
Agency Name Loudoun Water (Authority of County)
Contact Person
Scott Robinson
Telephone (
571-291-7941
Original Contract Amount $ Varies Final Contract Amount $ Ongoing $150,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Open Contract based on service request
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.
The Davey Tree Expert Company
Bidder
13
10a4d A&111a� Managing Consultant
Authorized Signature/Title
5-40
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
NON -COLLUSION AFFIDAVIT
State ofGa4femjapgr U )
) ss.
County of 1 )
14I'C-H-A � ( [ le- /�eY being first duly sworn, deposes and says that he or she is
of f l IGzY 7 �i����/' CV , the party making the
foregoing bid; fhat the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.
Hic-1k, /
Bidder Authorized Signature/Title j'',,
Subscribed and sworn to (or affirmed) before me on this �� day of I'C! bg, 2025
by C o, d Vp'noj proved to me on the basis of
satisfactory evidence to be the pergon(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
0aMA-k r�M aDJfl
N ary Public
[SEAL]
Jamie McMullen
Notary Public, State of Ohio
My Commission Expires:
August 15, 2027
14
My Commission Expires: — 115 - d
5-41
City of Newport Beach
RRIGATION CONTROLLER REPLACEMENT PHASE 2
Bidder's name
Contract No. 973
DESIGNATION OF SURETIES
The Davey Tree Expert Company
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):
Marsh USA
Old Republic Insurance Co.
First Federal Insurance Co.
15
5-42
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name The Davey Tree Expert Company - 165068
Record Last Five (5) Full Years
Current Year of Record
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2023
2022
2021
2020
2019
Total
2024
No. of contracts
11
9
9
N/A
N/A
N/A
29
Total dollar
Amount of
6,200,000
2,900,00
700,000
Contracts (in
Thousands of $
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
0
0
0
0
0
0
0
No. of lost
0
0
0
0
0
0
0
workday cases
involving
permanent
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
5-43
Legal Business Name of Bidder The Davey Tree Expert Company
Business Address: 1500 N. Mantua St. Kent, Ohio 44240
Business Tel. No.: 330-673-9511
State Contractor's License No. and
Entity Type:
Title
694001 C27,C61,D49
Managing Consultant
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 February 12, 2025
Title Managing Consultant
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with 'the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
5-44
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name The Davey Tree Expert Company
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Signature
N/A February 12, 2025
IU
5-45
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
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: The Davey Tree Expert Company
Business Address: 1500 N. Mantua St. Kent, Ohio 44240
Telephone and Fax Number:
330-673-9511
California State Contractor's License No. and Class:
(REQUIRED AT TIME OF AWARD)
694001 C27, C61, D49
Original Date Issued: 8-8-1994 Expiration Date: 8-31-2026
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
Jason McIntyre Consultant
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
Andrew Chase Senior Consultant 5601 Eastgate Drive San Diego, CA 92121
Telephone
520-275-7350
Jason McIntyre Consultant 5601 Eastgate Drive San Diego, CA 92121 951-375-6523
Paul Kovacik Managing Consultant 1500 N. Mantua St. Kent, Ohio 44240
Corporation organized under the laws of the State of
19
• S
715-892-2813
5-46
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
None
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
Davey, Davey Commercial Landscape Services, Lewis Tree Service - a Davey Company,
Davey Tree Surgery Company
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;
Yes. We are partX to a number of arbitrations, lawsuits, and settlements arising out of the normal course of business.
e assess our liabilities and contingencies in connection with outstanding legal proceedings utilizing e latest information available.
Where.it is probable that we will incur a loss and the amount of loss can be resonably estimated, we record a liability in our
consolidated financial statements and disclose it in our filings with the Securities Exchange Commission. These legal accruals may be
increased or decreased to reflect any relevant developments on a quarterly basis. Where a loss is not probable or the amount of loss
is not estimable, we don not record an accrual, consistent with applicable accounting guidance.
Briefly summarize the parties' claims and defenses;
Please refer to the statement in the above line.
Have you ever had a contract terminated by the owner/agency? If so, explain.
We are not aware of any contract that Davey Tree was terminated from in the City of Newport Beach
Have you ever failed to complete a project? If so, explain.
Davey was founded in 1880 and has operations throughout the United States and Canada. In the normal course of
business, it is likely that there have been instances where we have failed to complete a project.
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes / No
Davey is a roughly $1.5 billion dollar employee owned company that employs over 10,000 employees throughout the United States and Canada.
Thus, we are party to a number of lawsuits and investigationsarising out of the normal course of business which can result in penalties by local, sta
and federal agencies to ensure compliance with labor and employment laws and regulations, including but not limited to the National Labor Relatior
Act and the Civil Rights Act of 1964.
20
5-4 7
Are any claims or actions unresolved or outstanding? Yes / No
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Yes. We are party to a num er of claims and actions arising out of the normal course of business.Wee—assess our liabilities and contingencies in connection with outstanding legal proceedings utilizing
the latest information available. Where it is probable that we will incur a loss and the amount of loss can be reasonably estimated, we record the liability in our consolidated financial statements and
disclose it in our filings with the Securities Exchange Commission. These legal accruals may be increased or decreased to reflect any relevant developments on a quarterly basis. Where a loss is not
proable or the amount of loss is not estimable, we do not record an accrual, consistant with applicable accounting guidance.
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive.
_/11,Gly�. C 1/i we
Bidder
(Print name of Owner or President
of Corporation/Company)
Authorized Signatpurr�effitle
//�f��/j/j-e
Title
2_--IZ-Z02 S
Date
On Io beforre�P IntiMIJ_ MCAd Notary Public, personally appeared
Q, who proved to me on the basis of
satisfactory evidence to be the per n(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.
AIL
(S
qot ry Public in and for said State QVA 1 C)
My Commission Expires: <� l 5_p�
21
Jamie McMullen
Notary Public, State of Ohio
My Commission Expires:
August 15, 2027
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
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 Bests Key Rating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by the
Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the
insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed
will not be issued until all contract documents have been received and approved by the City.
22
5-49
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
SAMPLE CITY
CONTRACT
(SEPARATE ATTACHMENT)
23
5-50
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
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. 9735-1 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:
February 12, 2025
Date
715-892-2813
Bidder's Telephone and Fax Numbers
694001 C27, C61, D49
Bidder's License No(s).
and Classifications)
BT30083744
DIR Registration Number
Bidder's email address:
The Davey Tree Expert Company
Bidder
PaIdKalalca Managing Consultant
Bidder's Authorized Signature and Title
5601 Eastgate Drive San Diego, CA 92121
Bidder's Address
Paul.Kovacik@davey.com
PR-1
5-51
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
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
Dollars ($ ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of
IRRIGATION CONTROLLER REPLACEMENT PHASE 2, Contract No. 9735-1 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 day of
The Davey Tree Expert Company
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
Pa -a / l614-- IUo Managing Consultant
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
S
5-52
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )SS.
On , 20 before me, ,
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
(seal)
Thumbprint of Signer
❑ Check here if
Capacity(ies) claimed by Signer(s): no thumbprint
Trustee or fingerprint
Power of Attorney is available.
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
5-53
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 oV Tennessee
County of
On February 12, 2025
Knox
before me Vicki Nobinger , Notary Public
(Here insert name and title of the officer)
personally appeared Carolyn E. Wheeler
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public Signature (Notary Public Seal)
• My Commission Expires: May 26, 2027
•
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
(Title or description of attached document) • 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
(Title or description of attached document continued) 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
Number of Pages Document Date_ _ 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.
CAPACITY CLAIMED BY THE SIGNER • 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
❑ Individual (s) information may lead to rejection of document recording.
❑ Corporate Officer e 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
(Title) sufficient area permits, otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney -in -Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Other 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).
2015 V, Arww.NotaryClasses. corn 800-873-9865 • Securely attach this document to the signed document with a staple.
5-54
CHUBB'
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY
COMPANY, a Delaware corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,
do each hereby constitute and appoint
Carolyn E. Wheeler
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon
or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments
amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY
and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 19th day of July, 2024.
Warren Lichhorn.Vice Presidenl
Ruperr HD SwkndOlLAttlstantSvcrotary
*(O(Pwo
STATE OF NEW JERSEY
County of Hunterdon SS.
On this 19th day of July, 2024 before me, a Notary Public of New Jersey, personally came Rupert HD Swindells and Warren Eichhorn, to me known to be Assistant Secretary and Vice
President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE
AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Rupert HD Swindells and Warren Eichhorn, being by me duly sworn,
severally and each for himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE
COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the
seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly
affixed and subscribed by like authority.
Notarial Seal m�Rj COryTG
T p`TA=Y
y UBL���
�'JER`�
Albert Canna a
NOTARY PLN3LIC OF NEW JERSEY
No SDZU2369
Canmimon Exp- August 22,2 a7
4
Notary Public
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinary course of business (each a "Written Commitment"):
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal
of the Company or otherwise.
(2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise,
to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact.
(3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney -in -
fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company
as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written
Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written
delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the
Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
I, Rupert HD Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, NJ, this February 12, 2025
Ruperc RD L%viai!LM& A==t Serretuy
IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT:
Telephone 908 903- 3493 Fax 908 903- 3656 e-mail: surety@chubb.com
Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19) 5-55
SURETY BOND CORPORATE SEAL NOTICE AND ADDENDUM
In an effort to facilitate the use of our respective corporate seals during the COVID-19
pandemic, FEDERAL INSURANCE COMPANY ("FEDERAL") has authorized its
respective Attorneys -in -Fact to affix FEDERAL'S corporate seal to any surety bond
executed on behalf of FEDERAL by any such Attorney -in -Fact by attaching this Notice
and Addendum to said bond.
To the extent this Notice and Addendum is attached to a surety bond that is executed
on behalf of FEDERAL by its Attorney -in -Fact, FEDERAL hereby agrees that the
corporate seal below for FEDERAL shall be deemed affixed to said bond to the same
extent as if its raised corporate seal was physically affixed to the face of the bond.
Dated this 30th day of March, 2020.
FEDERAL INSURANCE COMPANY
By: Y "
Stephen M. Haney, Vice President
5-56
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope before the bid opening)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening.
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office before the Bid Opening.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the
project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of
the envelope containing the documents.
5. The estimated quantities indicated in the PROPOSAL are approximate and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
3
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. The City may request clarification on any information
contained in a bid. The City may consider the qualifications of the proposers and whether the
bids comply with the prescribed requirements. 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:
0
5-58
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above ha been reviewed. Darin Sherlock
911565 C27 -LANDSCAPING Tonal Operations Manage
Contractor's License No. & Classification thorized Signature/Title
1000008208 exp 6/30/2025 2/10/2025
DIR Registration Number & Expiration Date Date
EMTS, Inc.
dba Elite Maintenance & Tree Services
Bidder
5
5-59
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
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.
EMTS, Inc. Darin Sherlock
dba Elite Maintenance & Tree Services A___._ --Regional Operations Manage
Bidder uthorized Signature/Title
N
5-60
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name EMTS, Inc. dba Elite Maintenance & Tree Services
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $150,000, provide the following information:
No. 1
Project Name/Number Clovis Community Hospital Landscape Improvements
Project Description Sod Installation / Grading / Irrigation System
Approximate Construction Dates: From Feb 2022
Agency Name Clovis Community Hospital (CCMC)
Contact Person Alejandro Torres
To: presemt
Telephone (559) 259-8460
Original Contract Amount $ varies Final Contract Amount $
$300,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Multiple enhancement projects performed through out the past two years
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.
None
10
5-61
No. 2
Project Name/Number Disneyland Parkinglot Improvements
Project Description
96" box Tree installation and irrigation retrofitting
Approximate Construction Dates: From Aug 2023 To: Nov 2024
Agency Name Disneyland Resort
Contact Person Mike Atkinson
Telephone (760) 250-2919
Original Contract Amount $varies Final Contract Amount $ $150,000
If final amount is different from original, please explain (change orders, extra work, etc.)
Multiple enhancement projects performed through out the past two years
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.
None
No. 3
Project Name/Number Quail Lakes
Project Description Sod Removal/Irrigation System / Bark Installation
Approximate Construction Dates: From Mar 2023 To: Sept 2023
Agency Name Quail Lakes HOA
Contact Person Gabriel Telephone (559) 712-0961
Original Contract Amount $ 35,000 Final Contract Amount $ $35,000
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.
None
No. 4
Project Name/Number San Joaquin Country Club Renovations
Project Description
Landscape, Site Furnishings, Site Lighting
Approximate Construction Dates: From Jan 2024
11
To: July 2024
5-62
Agency Name SJCC Renovations
Contact Person Darrell Higgins
Telephone (559) 348-0421
$149, 500.00
Original Contract Amount $ Final Contract Amount $ $150,296.65
If final amount is different from original, please explain (change orders, extra work, etc.)
Change Orders for the duration of services
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.
None
No. 5
Project Name/Number Seefried — DSJ5 — Fresno
Project Description Irrigation, Planting, Offsite Irrigation, Site Furnishings, Maintenance
Approximate Construction Dates: From June 2023 To: Dec 2023
Agency Name Seefried Industrial Properties, Inc
Contact Person John Murray, Project Executive Telephone (562) 705-2556
$885,200.00 $1,063,197.76
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Change Orders for the duration of services
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.
None
12
5-63
No. 6
Project Name/Number
Project Description
Logisticenter at Fairfield - Project No. 21506
Irrigation, Landscape, Bio-Retention, Grading, Landscape Revisions.
Approximate Construction Dates: From Mar 2023 To
Agency Name Jannette Manalo, Project Manager
Aug 2023
Contact Person FCL Builders California, LLC Telephone (949) 537-1411
$2,903,700.00 $3,129,993.05
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Change Orders for the Duration of Services
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.
None
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. SEE ATTACHED HEREIN
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.
Darin Sherlock
EMTS, Inc dba Elite Maintenance & Tree Services °l tonal Operations Manage
Bidder Au rized Signature/Title
13
5-64
Professional Experience
Jose got his start in landscape as a laborer with Elite. After a
year and a half, Jose had taken a major interest in landscape
and ventured to another company to continue his growth. It did
not take Jose long to work his way up and by 2005 he became a
Foreman, focused on building custom homes.
In 2008, Jose was recruited to another landscape company that
allowed him to use his experience and knowledge to help them
build track homes. This company was located outside of the
Valley and after six months, Jose decided to transition back to
Elite as a laborer to be closer to his family.
The move proved worthy as Jose was promoted to Foreman
within a year and in 2017 he became an Elite Landscape
Construction Superintendent. Jose's 17+ years of experience,
passion, and confidence are what earned his promotion to
General Manager of Elite Private Landscape in 2022.
Experience
15+ Years
Certifications
OSHA 30 Certified
Fully Apprenticed
PRIVATE LANDSCAPE
5-65
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
NON -COLLUSION AFFIDAVIT
State of California )
ss.
County of Fresno )
Darin Sherlock , being first duly sworn, deposes and says that he or she is
Secretary of EMTS, 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 7.e Sta f C ifornia that the foregoing is true and correct.
Darin Sherlock
EMTS, Inc. Secretary
Bidder uthorized Signature/Title
Subscribed and sworn to (or affirmed) before me on this_�J_day of ,C 2025
rn
by )6L( -(l SNACX) — proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WL h2�
*my
PANSAV1W N tary Public
Notary public - CaBfornia
[SEAL] Com�lon#f 424999615
Comm. Expires Oct 10, 2028 My Commission Expires: od • 10, zo
14
5-66
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
DESIGNATION OF SURETIES
Bidder's name EMTS, Inc dba Elite Maintenance & Tree Services
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):
105
T. 559 - 374 - 3570 Steve Edwards sedwards@alliant.com
SURETY: Fidelity 9 E. River Park Place East Suite 310, Fresno, CA 93720
T. 559 - 374 - 3647 Kim Wilson Kim.Wilson@alliant.com
INSURER: EPIC Insurance 200 S Virigina Street, Suite 450, Reno, NV 89508
T. 775 - 954 - 0408 Deseree Carper deseree.carper@epicbrokers.com
15
5-67
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name EMTS, Inc dba Elite Maintenance & Tree Services
Record Last Five (5) Full Years
Current Year of Record
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2023
2022
2021
2020
2019
Total
2024
No. of contracts
18
15
15
18
17
106
Total dollar
7,000,
Amount of
Contracts in
9,900,
8,530,
000
8,000,
000
7,008,
000
4,971,
452
45,409,
Thousands of $
200
216
868
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
0
0
3
1
1
3
8
No. of lost
workday cases
involving
0
0
4
1
1
3
9
permanent
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
5-68
Legal Business Name of Bidder EMTS, Inc. dba Elite Maintenance & Tree Services
Business Address: 2972 Larkin Avenue, Clovis, CA 93612
Business Tel. No.: main o 559.292.2900 1 darin 209.316.2915
State Contractor's License No. and 911565 C27 - LANDSCAPING
Entity Type: S-Coroporatiori
Title Darin Sherlock - Secretary
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 b
Date 0/2025
Title Darin Sherlock - Secretw-
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
Icorporationj 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 ATTACHED1
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 Fresno
On February 10 2025 before me, Ranisa Wells Notary Public,
personally appeared Darin Sherlock , 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.
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:
*my
RANISAWELLSNotary Public - CaliforniaFresno County
Commission It2499615
Comm. Expires Oct 10, 2028
(affix seal in above space)
5- 70
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name EMTS, Inc.
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Signature
Q&A 1 1/28/2025 ---
Q&A 2 2/06/2025
M
5-71
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
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:
EMTS, Inc
Name of individual Contractor, Company or Corporation: dba Elite Maintenance & Tree Services
Business Address: 2972 Larkin Avenue, Clovis, CA 93612
Telephone and Fax Number: main o 559.292.2900 1 f. 229.292.7756 1 darin 209.316.2915
California State Contractor's License No. and Class: 911565 C27 - LANDSCAPING
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 2/29/2008 Expiration Date:
2/28/2026
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
Felix Ruiz -Account Manager and Jose Arce
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
Guy Stockbridge
—CEO
2972 Larkin Avenue, Clovis, CA 93612
T. 559.292.2900
Derik Jakusz — COO 2972 Larkin Avenue, Clovis, CA 93612 T. 559.647.8295
Tom Spradling — CFO 2972 Larkin Avenue, Clovis, CA 93612 T. 559.292.2900
Darin Sherlock - Secretary 2972 Larkin Avenue, Clovis, CA 93612 T. 209.316.2915
Corporation organized under the laws of the State of California
19
5- 72
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:
parent company ETO, Inc. Affiliates are ELC, Inc., EMTS,Inc., EPL, Inc.,
tockbridge General Contracting, Live Action General Engineering, SRVC,
Lokes Rental Equipment, and Stock Five Development
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.
n/a
Have you ever failed to complete a project? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes / No
20
5- 73
Are any claims or actions unresolved or outstanding? Yes No
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive.
EMTS, Inc
dba Elite Maintenance & Tree Services
Bidder
(Print name of Owner or President
Corporation/Company)
Darin Sherlock
Authorized Signature/Title
Secretary
Title
2/10/2025
Date
On 1-eki , IQj: ,O )s_ before me, !S a(U -SAC,�_ Notary Public, personally appeared
durLrN 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.
rA; '� °i'a RANISA WELLS
/ /, , Notary Public - California
�� `� r (SEAL) _ Fresno County
fidtary Public in and for said State Commission # 2499615
�'F° My Comm. Expires Oct 10, 2028 r
My Commission Expires: Ci-, 10 t taq
21
5-74
City of Newport Beach
IRRIGATION CONTROLLER REPLACEMENT PHASE 2
Contract No. 9735-1
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent of Bid Amount
Dollars ($ 10% ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of
IRRIGATION CONTROLLER REPLACEMENT PHASE 2, Contract No. 9735-1 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 individua!, it
is agreed that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
Witness our hands this 4th
EMTS, Inc.
Name of Contractor (Principal)
Fidelity and Deposit Company of Maryland
Name of Surety
4 Embarcadero Center, Suite 3740
San Francisco, CA 94111
Address of Surety
916-952-0800
Telephone
day of February , 2025.
n
"Authorized Signature/Title
thorized Agent Signature
Kim Wilson, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
9
5-75
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 Fresno
On February 7 2025 before me, Ranisa Wells Notary Public,
personally appeared Darin Sherlock , 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.
amy
RANISA WELLS
Notary Public - California
Fresno County
Commission # 2499615
Comm. Expires Oct 10, 2028
Signature.
(affix seal in above space)
5-76
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
) ss
County of Fresno
On KbnwV� 2 before me, Lyn Genito, Notary Public, personally appeared
Kim Wilson , who proved to me on the basis of satisfactory evidence to be the persons) whose
names) is/aFe subscribed to the within instrument and acknowledged to me that #e/she/#hey
executed the same in #is/her/#- L* authorized capacity4es4, and that by 4s/her/##e4
signature{&} on the instrument the person{&}, or the entity upon behalf of which the person{4
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.
or'1E LYN GENITO
NOTARY PUBLIC - CAL►FORN►A
® COMMISSION # 2435271 !�
�� • FRESNO COUNTY
p N My Comm. Exp. January 21, 2027
Signature: AAC",L
(Seal) Lyn Genito, Notary Pu li
5-77
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by
Christopher Nolan, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are
set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,
and appoint Joseph SHEA, Trey BUSCH, Kim WILSON, Lyn GENITO, Bonnie GONZALEZ of Fresno, California, its true and lawful
agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds
and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,
as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the
ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate
Seals of the said ZURICH AMERICAN INSURANCE COMPANY. COLONIAL AMERICAN AND SURETY
COMPANY, and FIDETIYAND DEPOSIT COMPANY OF MARYLAND, this 12th day of January 2025.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
°�sualty •,.
o`°\\ tNSUR�'%.
s, Com
��Za� Q•+ pp �a4as�'''�
•`�QQG+pO
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= ��
=¢=eSEALm�=
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'-ml"SEAL `�i.m=
By: Christopher Nolan
Vice President
By: Dawn E. Brawn
Secretary
State of Maryland
County of Baltimore
On this 12th day of January A.D. 2025, before the subscriber, a Notary Public of the State of Maryland, duly commissioned
and qualified, Christopher Nolan, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally (mown to be the
individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly
swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the
Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
4.:oia.p N
_(J. P118L1G •Z_
'A
Genevieve Genevieve M. Maison
Notary Public
My Commission Expire January 27, 2029
Authenticity of this bond can be confirmed at bondvalidator.zurichua.com or 410-559-8790
5-78
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned; Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the loth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN ESTIMO V4IEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this C day of 2025
, co
p`cVysuaitYirasu �. os mp
icavpQ.POq,`y�s�J�� .''4irQ,pO9�''- ``OoQ'Q.P lg4d'G�.I
�' t_U� mom.
Q. SEAL
Q v° `"i3` ' SEAL Em
—: =csi5 SEAL - 1S
:`a
'��"ryt"n no„��O`� �•�''O„HEWi04Kia`�� ��'Wtqu, n,u0"J��
Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
rgportsfclaims@zurichna.com
800-626-4577
Authenticity of this bond can be confirmed at bondvalidatorzurichna.com or 410-559-8790
5-79