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HomeMy WebLinkAboutC-9009-3 - Oasis Senior Center Site Lighting Phase 2AMENDMENT NO. ONE TO OASIS SENIOR CENTER SITE LIGHTING PHASE 2 CONTRACT NO. 9009-3 THIS AMENDMENT NO. ONE TO CONTRACT FOR PUBLIC WORKS - OASIS SENIOR CENTER SITE LIGHTING PHASE 2 CONTRACT NO. 9009-3 ("Amendment No. One") is made and entered into as of this 7th day of October, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and SACTOWN CONTRACTORS CORP, a California corporation ("Contractor"), whose address is 4811 Chippendale Drive 307, Sacramento, CA 95841, and is made with reference to the following: RECITALS A. On August 26, 2026, City and Contractor entered into a Contract for Public Works - Oasis Senior Center Site Lighting Phase 2 (Contract No. C-9009-3) ("Contract") for: The work necessary for the completion of this contract consists of replacing existing light fixtures to new energy efficient LED fixtures and updating lighting control systems in the Administrative Wing, Multi -Purpose Wing, and outdoor light fixtures ("Project"). B. Due to a scrivener's error, the Effective Date on the Contract was mistakenly listed as August 26, 2026; however, it should have correctly stated the Effective Date of August 26, 2025. C. The parties desire to enter into this Amendment No. One to correct the Effective Date from August 26, 2026 to August 26, 2025. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. EFFECTIVE DATE The opening paragraph of the Contract is hereby amended in its entirety and replaced with the following: "THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 26th day of August, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and SACTOWN CONTRACTORS CORP, a California corporation ("Contractor"), whose address is 4811 Chippendale Drive 307, Sacramento, CA 95841, and is made with reference to the following:" 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Contract shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Sactown Contractors Corp Page 1 IN WITNESS WHEREOF, the parties have caused this Amendment No. One. to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: A r n C. Har . / City Attorney ATTEST: Date:_ By: _Z-.*Z��/ Lena Shumway City Clerk CITY OF NEWPORT BEACH, a California munici �I�orporation 'IDate: r) q, n ))-, By: `! Dave" , ebb Public Works Director CONTRACTOR: SACTOWN CONTRACTORS CORP, a California corporation Date: Signed in Counterpart By: Iryna Peravoznikava Chief Executive Officer/ Chief Financial Officer/ Secretary [END OF SIGNATURES] Sactown Contractors Corp Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One. to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By:� A6r n C. Har City Attorney ATTEST: Date: Molly Perry Interim City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Dave Webb Public Works Director CONTRACTOR: SACTOWN CONTRACTORS CORP, a California corporation Date: 11 1(q312025 By: dl;d/ Iryn ravoznikava Chief Executive Officer/ Chief Financial Officer/ Secretary [END OF SIGNATURES] Sactown Contractors Corp Page 2 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 22"d day of July, 2025, at which time such bids shall be opened and read for Oasis Senior Center Site Lighting Phase 2 FEDERALLY ASSISTED PROJECT U.S. Department of Energy Energy Efficiency and Conservation Block Grant (EECBG) Program Contract No. 9009-3 $597,000 Engineer's Estimate Approved by James M. Houlihan uty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 MANDATORY PRE -BID MEETING A mandatory pre -bid MEETING will be conducted for this project on July 91h, 2025 at 10:30 am., at the Oasis Senior Center located at 801 Narcissus Avenue, Newport Beach, CA. 92625. Bidders who do not participate may be considered non -responsive. Contractor License Classification(s) required for this project: "C-10" For further information, call Kyle Aube, Project Manager at (949) 644-3296 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www newportbeachca gov/government/data-hub/online-services/bids-rfps-vendor- reqistration City of Newport Beach OASIS SENIOR CENTER SITE LIGHTING PHASE 2 Contract No. 9009-3 TABLE OF CONTENTS NOTICE INVITING BIDS................................................................................................. 1 INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT .............................................. 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................................... 10 NON -COLLUSION AFFIDAVIT..................................................................................... 14 DESIGNATION OF SURETIES.....................................................................................15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 16 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 22 FEDERALLY ASSISTED PROJECT............................................................................. 23 SAMPLE CONTRACT...................................................................................................24 LABOR AND MATERIALS PAYMENT BOND ...................................... EXHIBIT A FAITHFUL PERFORMANCE BOND ..................................................... EXHIBIT B INSURANCE REQUIREMENTS...........................................................EXHIBIT C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 2 City of Newport Beach OASIS SENIOR CENTER SITE LIGHTING PHASE 2 Contract No. 9009-3 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 FEDERALLY ASSISTED PROJECT (DAVIS BACON WAGE DETERMINATIONS) PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 5. The estimated quantities indicated in the PROPOSAL are approximate and are given solely to allow the comparison of total bid prices. K, 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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) 7034774, 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. This is a federally assisted project. Partial funding for this Project is through the U.S. Department of Energy (DOE), under the Energy Efficiency and Conservation Block Grant (EECBG) Program. As required by the EECBG Program, this Project must comply with the Davis -Bacon Act. All laborers and mechanics employed in the performance of construction, alteration, or repair work funded by EECBG Program funds are paid wages at rates no less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor. Wage determination is available on the U.S. General Services Administration website, https://sam.gov/wage-determinations. 11. 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)]. 12. 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. 13. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 14. 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. 15. 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 4 that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the 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. 1050461 B,C-10,C-15 Contractor's License No. & Classification PW-LR-1001065656 Exp Date: 06.30.2027 DIR Registration Number & Expiration Date SACTOWN CONTRACTORS CORP DBA SACTOWN CONSTRUCTION PROS Bidder 5 IRYNA PERAVOZNIKAVA - PRESIDENT Authorized Signature/Title 07/21 /2025 Date City of Newport Beach OASIS SENIOR CENTER SITE LIGHTING PFn�L- Contract No. 9009-3 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of 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 OASIS SENIOR CENTER SITF LIGHTING PHASE 2, Contract No. 9009-3 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. \^fitness our hands this 22nd day of Ju1Y , 2025. Sactown Contactors dba Sactown Construction Pros J� P o &Jlb'�.,iV"�' Name of Contmctor (Principal) Aut rized Signature/Title United Surety Insurance Company Name of Surety 303 Congress St., Boston, MA 02110 Address of Surety M7- 0021-0505 Telephone Authorized Age t Signature Anthony Balzano Atty-in-Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) [99 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 Ohio County of Hamilton } SS. On July 22nd 2025 before me, Jessica M Doll Notary Public, personally appeared Anthony Balzano who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a 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 paragraph is true and correct. cr`,,•Og P SF�% WITNESS my hand and official seal. JEssICAM " Notary Publi(,-.S ;.J 4: - My Commissk Is ;F : o,.• April 15, TgTE O ` >igy ature (seal) OPTIONAL INFORMA 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 lJ ew � of Sign Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 'Sa v1( C-�- C (Rt } ss. On; V OF Tj[V before me, eckd < Mccr t Notary Public, personally appeared (U Y Q 6- V-'n V who proved to me on the basis of satisfactory evidence to be the person(s) whose narre(s) i subscribed to the within instrument and acknowledged to me that he/she/they executed the sa in hislherltheir authorized capacity(ies), and that by his/her/their signatures(s) or the instrume the person(s), or the entity upon behalf of which the person(s) acted, executed tneinstr�umt I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i WITNESS my hand and official seal.rr 14 Si ature (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 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) n Mues POWER OF ATTORNEY 171372 KNOW ALL MEN BY THESE PRESENTS: That United Casualty and Surety Insurance Company, a corporation of the State of Nebraska, and US Casualty and Surety Insurance Company and United Surety Insurance Company, assumed names of United Casualty and Surety Insurance Company (collectively, the Companies), do by these presents make, constitute and appoint: Kelly Specht, Kandis Gregory, Anthony Balzano, JoAnn Smith, Cynthia S. Richter, Richard J. Taylor, Madeline Brown, Zachary R. Bradley, Donna Stolzenbach Felicia Thomas, Dawn E. Gittens, Rick Bredow, Ralph Earl Brown III, Ann Robertson, Kenda Freeman, Alexis Estrada, Deborah Perry its true and lawful Attorney(s)-in-Fact, each In their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed Three Million Five Hundred Thousand & 00/100 Dollars ( $3,500,000.00 ). This Power of Attorney shall expire without further action on December 311, 2026. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called and held on the 1't day of July,1993: Resolved that the President, Treasurer, or Secretary be and they are hereby authorized and empowered to appoint Attorneys -in -Fact of the Company, in its name and as its acts to execute and acknowledge for and on Its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -Fact shall be binding upon the Companyas if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons. That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed, this 23rd day of January, 2025 aq uc�sXtics r)(:) Corporate Seals Commonwealth of Massachusetts County of Suffolk ss: UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company 12 Au& 'F-61tx� R. Kyle F ler, Treasurer On this 23rd day of January, 2025 , before me, Colleen A. Cochrane, a notary public, personally appeared, R. Kyle Fowler, Treasurer of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct. WITNESS my hand and seal. 1 COLLEEN A.000HRANE tanpuftcomm"eallhNhlsssachusells iL6�3� 42 (Seal) `�'' fyCanrriSsonExIifesIMIJFQ2H otar. Public Commis ion Expires: 10/27/2028 I, Robert F. Thomas, President of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Board of Directors, set out In the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Boston, Massachusetts this 22nd day of July 2025 f Corporate Seals irk s (�+) R t . Tho President w+� ucs ues • PD TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUME ARM D@UNITEDCASUALTY.COM City of Newport Beach OASIS SENIOR CENTER SITE LIGHTING PHASE 2 Contract No. 9009-3 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. SACTOWN CONTRACTORS CORP DBA SACTOWN CONSTRUCTION PROS IRYNA PERAVOZNIKAVA -PRESIDENT Bidder Authorized Signature/Title E City of Newport Beach OASIS SENIOR CENTER SITE LIGHTING PHASE 2 Contract No. 9009-3 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. er's Name SACTOWN CONTRACTORS CORP DBA SACTOWN CONSTRUCTION PROS 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 OASIS SENIOR CENTER SITE LIGHTING/ 9009-2 Project Description Replacement existing light fixtures to new energy efficient LED fixtures and updating lighting control systems to Lulron wireless system. Approximate Construction Dates: From 09.03.2024 Agency Name CITY OF NEW PORT BEACH Contact Person KYLE AUBE, PE To: 02.01.2025 Telephone (949) 644-3296 Original Contract Amount $ 365,795.00 Final Contract Amount $ 366,939.00 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDER Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 10 No. 2 Project Name/Number Emergency Lighting Upgrade - SJUSD/80058 Project Description Project consisted of emergency lighting upgrade at 38 schools Approximate Construction Dates: From 08/05/2021 Agency Name SAN JOSE UNIFIED SCHOOL DISTRICT Contact Person Mohammed Mhanna To: 03/22/2022 Telephone (650)440-8861 Original Contract Amount $ 325,'90.00 Final Contract Amount $ 325,7911.10 If final amount is different from original, please explain (change orders, extra work, etc.) NIA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name/Number JORDAN PLUS INTERIOR LIGHT FIXTURE REPLACEMENT Project Description Project consisted of LED lighting upgrade at 1 school Approximate Construction Dates: From 05.01.2024 Agency Name LBUSD MAINTENANCE BRANCH Contact Person Roberto Perez Espana To: 05.15.2024 Telephone (213) 332-4210 Original Contract Amount $ 98,250.0(hnal Contract Amount $ 98,250.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 11 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Arnount $, If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 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. SACTOWN CONTRACTORS CORP IRYNA PERAVOZNIKAVA - PRESIDENT DBA SACTOWN CONSTRUCTION PROS /J//� Bidder 13 Authorized Signature/Title ZJWU City of Newport Beach OASIS SENIOR CENTER SITE LIGHTING PHASE 2 Contract No. 9009-3 NON -COLLUSION AFFIDAVIT State of California ) ) ss. Countyof Santa tletvzt ) IRYNA PERAVOZNIKAVA being first duly sworn, deposes and says that he or she is President of SACTOWN CONTRACTORS CORP the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the4Statef,Ealifo is that the foregoing is true and correct. SACTOWN CONTRACTORS CORP 1DBA SACTOWN CONSTRUCTION PROSIRYNA PERAVOZNIKAVA -PRESIDENT Bidder ed ignature/Title Subscribed and sworn to (or affirmed) before me on this 22 day of JULY 2025 by Iryna Peravoznikava , proved to me on the basis of satisfactory evidence to be the person( who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 14 SEE ATTACHED NOTARIM. CERTIFICIifE Q n Notary Public My Commission Expires: 2AJxo2$- J U RAT 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 Santa Clara Subscribed and sworn to (or affirmed) before me on this Z day of 20 2-1" by 1 r' u y\& PeYa,V0 Z. Yi f ka.va proved to me on the basis of satisfactory evidence to be the person('who appeared before me. RITU 9HAGRA o COMM. #2464199 zz _ isc Notary Public •California z H, Santa Clara County 2 My Carom, Ex fires Sep. 25, 2027 Signature OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date Additional information (Seal) INSTRUCTIONS The wording of all Jurats completed in California after January 1, 2015 must be in the form as set forth within This Jurah There are no exceptions. If a Jurat to he completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jural form such as this one with does contain the proper wording. In addition, the notary must require an oath of affirmation from the document signer regarding the truthfulness of the contents of the document. The document must he signed AFTER the oath or affirmation. If the document was previously signed, it must be re -signed in front of the notary public during the jurat process. • State and county information must be the state and county where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of the document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on rile with the office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression. smudges, re -seal if a sufficient area permits, otherwise complete a different jurat form. Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Securely attach this document to the signed document with a staple. City of Newport Beach OASIS SENIOR CENTER SITE LIGHTING PHASE 2 Contract No. 9009-3 DESIGNATION OF SURETIES Bidder's name SACTOWN CONTRACTORS CORP DBA SACTOWN CONSTRUCTION PROS 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): BOSS BONDS 781 Neeb Rd, Cincinnati, OH 45233 Tony Balzano -VP of Contract Surety, BOSS Bonds Email: tony@bossbonds.com Cell: 513-218-2981 CA Agency License #OM08008 15 City of Newport Beach OASIS SENIOR CENTER SITE LIGHTING PHASE 2 Contract No. 9009-3 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name SACTOWN CONTRACTORS CORP DBA SACTOWN CONSTRUCTION PROS Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2024 2023 2022 2021 2020 Total 2025 No. of contracts 8 6 5 3 6 2 30 Total dollar Amount of Contracts (in $926,426.00 $746,190.00 $224.442.55 $308,423.00 S656,166.00 $151,426.76 $3,013,074,31 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 SACTOWN CONTRACTORS CORP Legal Business Name of Bidder DBA SACTOWN CONSTRUCTION PROS Business Address: 4811 CHIPPENDALE DR SUITE 307 SACRAMENTO, CA 95841 Business Tel. No.: (530) 786-4583 State Contractor's License No. and Classification: 10504J�I-J3,C A10,C-15 Title IRYNA PERAVOZNIKAVA - PRESIDENT The above information was compiled from �Mthat are available to me at this time and I declare under penalty of perjury thation is true and accurate within the limitations of those records. Signatu bi Title DMITRY ARAKELYAN - VICE PRESIDENT 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. jNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] SEE ATTACHED PIOTARIAICERTIFICMr- 17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On oIc)2-1before me, Ritu Bhagra Notary Public (insert name and title of the officer) personally appeared v of Y2 ra vo2in who proved to me on the basis of satisfactory evidence to be the person(s)-whose names) is/afe— subscribed to the within instrument and acknowledged to me that he7she/th'87 executed the same in I-T s/her/th6ir authorized capacity(ies-r and that by his/her/theVir signature(.E�)'on the instrument the person(<or the entity upon behalf of which the person(&&) -acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. y RITU BHAGRA COMM. #2464199 Z a • •��'_ Notary Public California O z Santa Clara County o�N• Comm, Expires Set). 25, 2027 Signature rR JJ7' (Seal) City of Newport Beach OASIS SENIOR CENTER SITE LIGHTING PHASE 2 Contract No. 9009-3 ACKNOWLEDGEMENT OF ADDENDA Bidder's name SACTOWN CONTRACTORS CORP DBA SACTOWN CONSTRUCTION PROS 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 1 JULY 10, 2025 `E:3 City of Newport Beach OASIS SENIOR CENTER SITE LIGHTING PHASE 2 Contract No. 9009-3 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: SACTOWN CONTRACTORS CORP Name of individual Contractor, Company or Corporation: DBA SACTOWN CONSTRUCTION PROIE Business Address: 4811 CHIPPENDALE DR SUITE 307 SACRAMENTO, CA 95841 Telephone and Fax Number: (530) 786-4583 California State Contractor's License No. and Class: 1050461 B,C-10,C-15 (REQUIRED AT TIME OF AWARD) Original Date Issued: 02/21 /2019 Expiration Date: 02/28/2027 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: IRYNA PERAVOZNIKAVA 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: IRYNA PERAVOZNIKAVA Title Address Telephone PRESIDENT 4811 CHIPPENDALE DR SUITE 307 SACRAMENTO CA 95841 (530) 786A583 DMITRY ARAKELYAN VICE PRESIDENT 4811 CHIPPENDALE DR SUITE 307 SACRAMENTO CA 95841 (53D) 7B6A583 SERHII MAZURYK OFFICER 4811 CHIPPENDALE DR SUITE 307 SACRAMENTO CA 95841 (530) 786-4583 SIARHEI KARNIUSHKA OFFICER 4811 CHIPPENDALE DR SUITE 307 SACRAMENTO CA 95841 (530) 786-4583 Corporation organized under the laws of the State of CALIFORNIA 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: HE All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. N/A For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor com liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /Uo 20 Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. SACTOWN CONTRACTORS CORP DBA SACTOWN CONSTRUCTION PROS Bidder IRYNA PERAVOZNIKAVA (Print name of Owner or President of Corporation/Company) l t d Signature/Title President Title 07/22/2025 Date On 07.22.2025 before me, R 1 4.4 5 )',ewn, Notary Public, personally appeared IRYNA PERAVOZNIKAVA , who proved to me on the basis of satisfactory evidence to be the person(<whose name(6yis/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in h4eher/Ueir authorized capacity(i s , and that by AWhedtpetr signature(.Won the instrument the person( , or the entity upon behalf of which the person(,%) - acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEE ATTACHED NOTARIALCERTIFICAIC (ZIs n1)2:x) ' Notary Public in and for said State My Commission Expires: 09 2r o - 21 (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 Santa Clara On 0q 7-07—�:- before me, Ritu Bhagra Notary Public (insert name and title of the officer) personally appeared j V\0. PerTA,YO Z h I�Y� who proved to me on the basis of satisfactory evidence to be the person(8�whose namew-is/,a-n-, subscribed to the within instrument and acknowledged to me that heY—she/thTy executed the same in kiiher/thyauthorized capacity(iesT and that by hi-fher/thelir signature.(,a-on the instrument the personJ,or the entity upon behalf of which the person(ay 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) ,•�.:. R17U HHhGRA �y6 COMM. #2464199 z Notary Public - California 73 Santa Clara County o My Comm. Expires Sep, 25, 2027 City of Newport Beach OASIS SENIOR CENTER SITE LIGHTING PHASE 2 Contract No. 9009-3 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 City of Newport Beach OASIS SENIOR CENTER SITE LIGHTING PHASE 2 Contract No. 9009-3 FEDERALLY ASSISTED PROJECT U.S. Department of Energy Energy Efficiency and Conservation Block Grant (EECBG) Program Davis Bacon Wage Determinations M City of Newport Beach OASIS SENIOR CENTER SITE LIGHTING PHASE 2 Contract No. 9009-3 SAMPLE CITY CONTRACT 24 City of Newport Beach OASIS SENIOR CENTER SITE LIGHTING PHASE 2 Contract No. 9009-3 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. 9009-3 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: 07/22/2025 Date (530) 786-4583 Bidder's Telephone and Fax Numbers 1050461 B,C-10,C-15 SACTOWN CONTRACTORS CORP DBA SACTOWN CONSTRUCTION PROS Bidder IRYNA PERAVOZNIKAVA PRESIDENT / Bidder's Authorized Signature and T 4811 CHIPPENDALE DR SUITE 307 SACRAMENTO, CA 95841 Bidder's License No(s). Bidder's Address and Classification(s) PW-LR-1001065656 Exp Date: 06.30.2027 DIR Registration Number Bidder's email address: info.sactowncontractors@gmail.com Was CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS OASIS SENIOR CENTER SITE LIGHTING PHASE 2 PROJECT NO. 24F02 CONTRACT NO. C-9009-3 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-10 AUTHORITY OF THE BOARD AND THE ENGINEER 2-10.1 Substitution Requests SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6-1.1 Construction Schedule 3 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-5 PERMITS 6 7-5.1 Hot Work Permit 6 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 WORK SITE MAINTENANCE 6 7-8.4 Storage of Equipment and Materials 6 7-8.4.1 General 7 7-8.4.2 Storage in Public Streets 7 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 7 7-10 SAFETY 8 7-10.1 Traffic and Access 8 7-10.4 Safety 8 7-10.4.1 Work Site Safety 8 SECTION 9 - MEASUREMENT AND PAYMENT 9 9-2 LUMP SUM WORK 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment 10 PART 3 - CONSTRUCTION METHODS 11 SECTION 300 - EARTHWORK 11 300-1 CLEARING AND GRUBBING WORK 11 300-1.3 Removal and Disposal of Materials 11 PART 6 - TEMPORARY TRAFFIC CONTROL 11 SECTION 600 - ACCESS 11 600-3 PEDESTRIAN ACCESS 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS OASIS SENIOR CENTER SITE LIGHTING PHASE 2 PROJECT NO. 24F02 CONTRACT NO. C-9009-3 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) the ARCHITECT'S TECHNICAL SPECIFICATIONS; (2) these Special Provisions; (3) the Plans (Drawing No. E-5080-S); (4) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2021 Edition), including Supplements; (5) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page SP 1 of 11 At the time of the award and until completion of work, the Contractor shall possess a Class "C-10" Electrical Contractor license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of replacing existing light fixtures to new energy efficient LED fixtures and updating lighting control systems in the Administrative Wing, Multi -Purpose Wing, and outdoor light fixtures at the following location: Newport Beach Oasis Senior Center 801 Narcissus Ave, Corona Del Mar, CA 92625 2-10 AUTHORITY OF THE BOARD AND THE ENGINEER 2-10.1 Substitution Requests Substitution requests must be submitted by the Prime Bidder, a minimum of 10 days prior to the bid date. Any approved equals shall be issued by addendum only, prior to be bid date. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Page SP2of11 Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ........................................... 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures .......... 15 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided for in this subsection, one (1) percent may be added for compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Page SP 3 of 11 The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. PLEASE NOTE THE FOLLOWING WORKING TIMES/DAYS AT EACH LOCATION: 1. Main Event Room: Contractor shall coordinate with City Staff to complete work outside of scheduled events. 2. Computer Lab: Contractor shall coordinate with City Staff to complete work when computer lab is not in use. 3. Kitchen: Work shall be completed on Saturdays and Sundays only in the Kitchen. 4. Bookstore/Library: Work shall be completed on Saturdays and Sundays only in the bookstore/library. 5. Staff Work Areas: Work shall be completed on Saturdays and Sundays only in all staff work areas to not interrupt the Senior Center's daily operations. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General After the provision of a material and equipment procurement schedule, the Engineer shall issue a Notice to Procure. The time allotted during the Notice to Procure shall be granted for shop drawing preparation, permit approval, equipment manufacturing and delivery. The City currently estimates the Notice to Procure time to be 45 consecutive calendar days. The Notice to Proceed will be issued at the expiration of the Notice to Procure. The Contractor shall complete all work under the Contract within 50 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Except as modified in Section 6-1.1, normal working hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Friday. Page SP4of11 The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Except as modified in Section 6-1.1, should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $207 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1 st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th (Christmas Eve) 10. December 25th (Christmas) 11. December 2611 thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During Page SP5of11 this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, and continuous sequence so as to minimize inconvenience to facilities' users as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-5 PERMITS Replace this Section with "The project is deemed `permit -ready' by the City's Building Department (Plan Check No. 2023-1614). The contractor shall obtain the necessary building permit (s) prior to the pre - construction meeting and fees will be waived. Project is not complete until Building Permit is finaled. 7-5.1 Hot Work Permit The contractor shall obtain and comply with a Hot Work Permit from the City for any operation involving an open flame or producing heat and/or sparks. This work includes, but is not limited to, welding, brazing, cutting, grinding, soldering, thawing pipe, torch - applied roofing, or chemical welding. 7-7 COOPERATION AND COLLATERAL WORK Staff and guests of Oasis Senior Center will need continuous access to the facility. The contractor will cooperate and allow access at all times during construction. Contractor shall coordinate work with City Staff to minimize disruption to the active facility. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials Page SP6of11 7-8.4.1 General Store products in strict accordance to manufacturer's recommendations. All materials shall be protected from damage and any damaged materials shall be replaced at the Contractor's sole expense. Contractor shall maintain work site clean from any debris and other items at the end of each work day. 7-8.4.2 Storage in Public Streets Construction materials and equipment may not be stored in streets, roads, or sidewalk areas. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) Where applicable, the Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-9.2 Care While Working Inside Buildings Page SP7of11 Add this Section to read, "While working in the Building, the Contractor shall be solely and continually responsible for the condition of the walking surfaces that are used by its workers. The Contractor shall immediately remove and dispose of any and all errant/fallen debris, liquids, and other contaminants onto the tiles, stones, pavers, carpeting, etc. flooring and make such surfaces safe for use by all ages with varying degrees of physical and reaction abilities. The Contractor shall take photos or video records of the existing condition of all work areas. These records shall serve as evidence in the event that there is a dispute regarding the condition of the facility prior to the commencement of work. In the event that the Contractor was unable to timely perform such remedial tasks, the City will deploy its forces to make the area safe and will back charge the Contractor for the actual cost of such work plus 50%, all to be deducted from the sums due the Contractor. It is strongly recommended that the Contractor clearly designate a construction path of travel and deploy safety measures for such areas so as to minimize mishaps and conflicts with staff and guest. 7-10 SAFETY 7-10.1 Traffic and Access Add to this Section: "Although not expected on this Project, whenever any portion of the public sidewalk or roadway adjacent to the work location is impacted by the staging of materials or equipment, the Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also available at Building News Bookstore. Pedestrian access shall be maintained to the extent possible. The Contractor shall furnish and install signage, barricades, construction fencing, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Since the City facilities operate continuously, the Contractor shall expect and plan for vehicle and pedestrian traffic around his work at all times. Construction delineators and other warning devices shall be placed whenever work is being performed along access roads within the Yards for safely." 7-10.4 Safety 7-10.4.1 Work Site Safety Page SP8of11 The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include but not be limited to providing submittals, bonds, insurance and financing, preparing a BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending progress meetings as needed, providing and maintaining sanitary facilities for workers, 6-foot screened construction fence and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of construction fence, removal of any USA Markings and providing any required documentation as noted in the Contract Documents. Item No. 2 Material Procurement: Work under this item shall include all costs necessary to procure all materials shown on the plans and in the contract documents. Invoices and receipts for all equipment and materials shall be kept and submitted to the City for grant reporting purposes. Item No. 3 Construct OASIS Senior Center Lighting Project: Work under this item shall include all costs necessary to complete all of the work shown on the plans and in the contract documents, complete and in place. The following is only a suggested listing Page SP 9 of 11 of work items that need further itemization on the Schedule of Values to be submitted to the Engineer upon project award to the low responsible bidder. The cost of all other items of work that are not specifically listed as required but are customary to be completed as a prerequisite for a fully functional facility shall have been included in the bid and no additional compensation shall be made. Including but not limited to: a. Photographic Records of Building and Site Pre -construction Condition: Work under this item shall include providing the City with labeled unaltered photographs of the building exterior and interior, parking lot, and fixtures attached to the building. Photographs shall be provided to the City via 4"x6" minimum size colored prints and in electronic *.jpg format. Construction activities shall not begin until the photographs have been received and the Engineer has authorized work to commence. b. Removals: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing all of existing improvements in order to provide space for the new improvements described in the Contract Documents. c. Project Site Maintenance: This work shall include all of the costs needed to complete the work listed under Section 7-8 of these Special Provisions. Construct New Improvements: Work under this item shall include, but not be limited to, all labor, tools, and equipment costs to install all the improvements and items described in the Contract Documents complete in place; addressing all Building Division permit requirements. All lighting items shall be delivered to the City fully functional. The cost of all Building Permit requirements shall be made as a part of the bid price. Item No. 4 Provide As -Built Drawings (Fixed): Work under this item shall include, but not be limited to all costs necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for progress payment. An amount of $1,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. 9-3.2 Partial and Final Payment From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. Page SP10of11 PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING WORK 300-1.3 Removal and Disposal of Materials Add to this Section: Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?paqe=157 and then selecting the link Franchised Haulers List under the "Commercial Collection" section towards the bottom of the webpage. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-3 PEDESTRIAN ACCESS Pedestrian access to the nearby senior center buildings and walkways within the limits of work must be maintained at all times. The Contractor shall fully comply with the following Architect's Technical Specifications for the Construction of the OASIS Site Lighting Project which augments, but is not referenced to in the above sections of the Standard Specifications for Public Works Construction. 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City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of replacing existing light fixtures to new energy efficient LED fixtures and updating lighting control systems in the Administrative Wing, Multi -Purpose Wing, and outdoor light fixtures (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. 9009-3, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Five Hundred Twenty Six Thousand Four Hundred Fifty Dollars ($526,450.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Iryna Peravoznikava 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. Sactown Contractors Corp Page 2 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 Sactown Contractors Corp Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Iryna Peravoznikava Sactown Contractors Corp 4811 Chippendale Drive 307 Sacramento, CA 95841 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VI (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. Sactown Contractors Corp Page 4 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 14.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Contract shall be paid to all workmen employed on the Work to be done according to the Contract by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of 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 Sactown Contractors Corp Page 5 subcontractor under him/her to comply with all State of California labor laws, rules and regulations, and the parties agree that the City shall not be liable for any violation thereof. 14.2 If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, Contractor and subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive, Newport Beach, California 92660, and are available to any interested party on request. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), 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 Sactown Contractors Corp Page 6 or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 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. Sactown Contractors Corp Page 7 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 seg., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the 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. Sactown Contractors Corp Page 8 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 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. Sactown Contractors Corp Page 9 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] Sactown Contractors Corp Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: -7/2,9/71;- -31 C. Harp`'-�(afnity Attorney 6k� ATTEST: Date: By: CITY OF NEWPORT BEACH, a California Tu7icipal corporation Date: I 2.5 By: V v Joe Staple on r CONTRACTOR: SACTOWN CONTRACTORS CORP, a California corporation Date: Signed in Counterpart By: Iryna Peravoznikava Chief Executive Officer/ Chief Financial Officer/ Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C - Insurance Requirements Sactown Contractors Corp Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:— By: r n C. Harp 0015 City Attorney d ��- ATTEST: Date: Molly Perry Interim City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Joe Stapleton Mayor CONTRACTOR: SACTOWN CONTRACTORS CORP, a California corporation Date: CO. 12, 201-5 By:todd/ Iryn eravoznikava Chief Executive Officer/ Chief Financial Officer/ Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Sactown Contractors Corp Page 11 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 101601870 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Sactown Contractors Corp hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of replacing existing light fixtures to new energy efficient LED fixtures and updating lighting control systems in the Administrative Wing, Multi -Purpose Wing, and outdoor light fixtures, 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 fall 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, Merchants Bonding Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Twenty Six Thousand Four Hundred Fifty Dollars ($526,450.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Sactown Contractors Corp Page A-1 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 eto the terms of the affect its obligations ontract or to th's Bond, it does Work to be performed thereunder shall in any 1 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 12th day of August , 20 25, Sactown Contractors Corp Name of Contractor (Principal) Merchants Bonding Company Name of Surety 6700 Westown Parkway, West Des Moines, IA 50266 Address of Surety (440)454-2722 Telephone APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date: '5 IL_ /? s I ' By: A r n C. Harp CtAttorney 4. -4 G PePavaz.U; kCWQ orized Signature/Title 0 Authorized A e Si natui r g g Anthony Balzano, Attorney In Fact Print Name and Title (Corporate Seal) NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Sactown. Contractors Corp Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California CountV of ss. On , 20 before rme, Notary Pub c, personally appeared urn�- _rI o+-TVA1f(A,)a who proved to me on the basis of satisfacto 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. �� � ry PHILLIP PALAZUELOS �` ` Notary Public • California z WITNESS my hand and official seal. = W _ T Orange County r Commission # 2507,461 1 °+u ��`' My Comm. Expires Jan 17, 2029 Signatu 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) Sactown Contractors Corp Page A-3 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 t-iat document. State of Ohio County of Hamilton ) On August 12, 2025 before me, Jessica M. Doll, Notary Public (insert name and title of the officer) personally appeared Anthony Balzano 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 undef PENALTY OF PERJURY under the laws of the State of Ohio that the foregoing paragraph is true and correct. JESSICA M. DOLL WITNESS my hand and official seal. Notary Pubic, State of Ohio a My Commission Expires: April 15, 2028 Signature %'" r. �. ; 1-� t . (seal) M ERCHANT7S BONDING COMPANY., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Anthony G Balzano; Dawn E Gittens; JoAnn Smith; Kelly Specht; Trade J Rutzinski their true and lawful Attorney(s}in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of July 2024 , . 6 "' 6 MERCHANTS BONDING COMPANY (MUTUAL) Pj�� 'qf 01 C© . MERCHANTS NATIONAL BONDING, INC. �0�(�PQ,' `O9•. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY ©:fa _o_ r*t. 1.0'. 2003 :� «'~ 1933 C; By 14 STATE OF IOWA '`��• ••�� ' + `�•• President COUNTY OF DALLAS ss. .,�....... On this 29th day of July 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. metal Penni Miller T Commission Number 787952 My Commission Expires i IN ro:JA January 20, 2027''�•- Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 12th day of August, 2025 ••. pl�G , CO Cv: 10t :ry 2Q03 ?`yy 1933 c; Secretary POA0018 (6/24) '••••••• EXHIBIT B CITY OF NEWPORT BEACH BOND NO, 10160 t 87o FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS; THAT WHEREAS, the City of Newport Beach, (hereinafter referred to as "City") has awarded to Sactown Contractors Corp, (hereinafter referred to as the "Contractor") an agreement for the: The work necessary for the completion of this contract consists of replacing existing light fixtures to new energy efficient LED fixtures and updating lighting control systems in the Administrative Wing, Multi -Purpose Wing, and outdoor light fixtures (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 August 26, 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 Merchants Bonding Compank 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 Five Hundred Twenty Six Thousand Four Hundred Fifty Dollars ($526,450.00), 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. Sactown Contractors Corp Page B-1 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: i. 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. 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. Sactown Contractors Corp Page B-2 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 ___12th day of August ,2025 . Sactown Contractors Corp Name of Contractor (Principal) Merchants Bonding; Company Name of Surety 6700 Westown Parkway, West Des Moines, IA 50266 Address of Surety (440) 454-27 22 Telephone (Attach Attomey-in-Fact Certificate) �IWRrized • Attorney -in -Fact Anthony Balzano, Attornev In Fact Print Name and Title (Corporate Seal) The rate of premium on this bond is $ i0.00 per thousand. The total amount of premium charges is $ Fifteen thousand seven hundred ninety-four dollars & 0/ 100 cents (15,794.00) (The above must be filled in by corporate attorney.) Any claims under this bond may be addressed to: (Name and Address of Surety or Merchants Bonding Company Agent for Service in California) 6700 Westown Parkway, West Des Moines, IA 50266 APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date:, r By: Aar n C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Sactown Contractors Corp Page B-3 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 Califo Mnla Count of ss. On 20fore me,� Notary Pu 'c, personally appeared who proved to me on the basis of satisfact 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..:.��+. #my PHILLIP PALAZUELOS WITNESS my h fficial seal. Nota 0angeCountyornia Commission # 2507461 Comm, Expires Jan 17, 2029 Sign ure (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Sactown Contractors Corp Page B-4 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 teat document. _J State of Ohio County of Hamilton On August 12, 2025 before me, Jessica M. Doll, Notary Public (insert name and title of the officer) personally appeared Anthony Balzano 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 Ohio that the foregoing paragraph is true and correct. JESSICA M. DOLL WITNESS mV hand and official seal. . ..... - Notary Public, State of Ohio My Commission Expires: April 15.2028 Signature `, 1 �' I �." r� (Seal) F oF„ MERCHANTS, BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC-, both being corporations of the State of Iowa, d/bla Merchants National Indemnity Company (in California only) (herein collectively called the 'Companies') do hereby make, constitute and appoint, individually, Anthony G Balzano; Dawn E Gittens; JoAnn Smith; Kelly Specht; Tracie J Rutzinski their true and lawful Attomey(s}in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pennitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of July 2024 - +.""""•«, • •' "' " • . MERCHANTS BONDING COMPANY (MUTUAL) 0'?4•�`+aQ�Nr'.CQ/1�A. MERCHANTS NATIONAL BONDING, INC. �papoRy"�.: : 11POe9A�9��• d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY v�~ 2003 _.o;' y 1933 By STATE OF tOWA r '� y}'. President COUNTY OF DALLAS ss. On this 29th day of July 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ly- ,�JA4 S, Penni Miller j'. o r Commission Number 787952 Z • • My Commission Expires January 20, 2027— ____ - Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 12th day of August, 2025 ... AL O0l1 Q*j •. -SP0'r a'p • �O�pptPtlR9 y .+� . Q2 -o- �c7iQ: ice'$' -o-:Z., 2003 y• 1933 'C; Secretary POA 0018 (6/24) """ EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate and four million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from bodily injury, property damage, products - completed operations, personal and advertising injury, and liability assumed Sactown Contractors Corp Page C-1 under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement shall be included as additional insureds under such policies. Sactown Contractors Corp Page C-2 C. Primary and Non -Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its City Council, boards and commissions, officers, agents, volunteers and employees. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. 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 Sactown Contractors Corp Page C-3 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, of the self -insured retention, solutions. Contractor agrees deductibles on their policies. which may include reduction or elimination substitution of other coverage, or other to be responsible for payment of any 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. Sactown Contractors Corp Page C-4 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. 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