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HomeMy WebLinkAboutRJ Noble Company - 2022-02-15 (2) RECEIVED BY: i� f CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating M. (Date) L 0:A�� fm CITY OF HUNTINGTON BEACH Fi7u INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 1 0f12Z. SUBJECT: Bond Acceptance I have received the bonds for 7 Al l hz)e / /1 rY! (YT/?L.f� (Company Name) ; a CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. j Warranty or Maintenance Bond No. 30 TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved �LIs/S2ozz (Council Approval Date) CC No. i- � Agenda Item No. to5j MSC No. City Clerk Vault No. Other No. SIRE System ID No. J�� 3.?� g:/forms/bond transmittal to treasurer CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION DATE: 9/28/2022 TO: THOSE LISTED HEREON FROM: Joseph Fuentes, Senior Civil Engineer SUBJECT: Retention Release Payment- PO#28171 OJ Supplier#18195 Co. #213 Overlay of Residential Streets in Maintenance Zone 5, Project# 1638 Contractor's Name: RJ NOBLE Address: 15505 E. Lincoln Ave City, State and Zip Code: Orange, CA, 92865 Phone Number: (714)637-1550 City Business License Number: A005420 Notice of Completion (Date by City Clerk): 7/27/2022 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file. Date Sean Crumby, Director of Public Works I certify that there are no outstanding invoices on file. 31aa c� Date Joyce c , Deputy City Treasurer I certify that no stop notices are on file, and that guaranty bond has been filed with the City Clerk's Office. l� Date R bin E s01 islau, Ci Clerk Attachments 1. Notice of Completion 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder �11 141 R II I lit II Ifi IIII I Ilil I II f II NO FEE * $ R 0 0 1 3 8 7 1 7 5 6 $ * PLEASE COMPLETE THIS INFORMATION 202200026032810:29 am 07/27/22 227 RW9A N12 1 RECORDING REQUESTED BY: 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn: Kori Porter P.O.Box 190—2000 Main Street Huntington Beach,CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach,CA 9284B,that the contract heretofore awarded to RJ NOBLE,who was the company thereon for doing the following work to-wit: Overlay of Residengal Streets In Maintenance Zone 8, Project li 1638 That said work was completed 07/27/2022 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on 07/27/2022,per City Council Resolution No.2003-70 adopted October 6,2003, That upon said contract Western Surety Company,was surety for the bond given by the said company as required by law. This document Is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 27383 and should be recorded free of charge. Dlr6dErW4Wc VMs or City Engineer Datef City of Huntington Beach,California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I,the undersigned, say: I am an Agent of the City of Huntington Beach, owner In fee,in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof;the same Is true of my knowledge. I declare under penally of perjury that the foregoing Is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County, This document is solely the official business of the city of Huntington Beach, as contemplated tb under Government code section 27383 and f s or City Engineer Da City of Huntington Beach,California should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Bond No. 30143832-M MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That R.J. NOBLE COMPANY (contractors name) 15505 E.UNCOLN AVE.,ORANGE,CA 92865 (contractor's street address,city and state and zip code) as Principal (hereinafter called Contractor),and: Western Surety Company (surety's name) 2 Park Plaza.Suite 400.Irvine.CA 92614 (surety's street address,city and state and zip code) a corporation organized and existing under the laws of the State of South Dakota with its principal office in the City of Sioux Falls as Surety(hereinafter called Surety),are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of two million seven hundred thirty* Dollars ($ 2,730,806.00 ), equivalent to the entire contract amount including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,successors, and assigns,jointly and severally,firmly by these presents, *thousand eight hundred six and 00/00 WHEREAS, Surety is a duly admitted surety insurer under the laws of the State of California;and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and able to provide proof of bonding limitation shown in said circular is sufficient to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's,Standard & Poor's,to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance;and Contractor has by written agreement dated 20_,entered into a contract with Owner for the Pavement Overlay of residential street seomentc in Maintenance Zone 5 in accordance with drawings and specifications prepared by which contract is by reference made a part hereof(hereinafter referred to as the Contract);and The Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship;and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a bond executed by a surety duly admitted in the state of California;and The Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be Au"15 20_n NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void;otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) days following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims,judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. 15-4584/118138 1 Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below,the Surety shall either: (a)remedy the default or breach by the Principal;or(b)shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal,at its own expense, and make available as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to (a) remedy the default(s)of the Principal promptly,or(b)arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from'Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s)of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s) of its performance of the Work within thirty (30) days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond,and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named herein or the successors of Owner. Signed and sealed this 15th day of Aug= 120 22 Principal Raised Corporate Seal R.J. NOBLE COMPANY [MUST BE AFFIXED] (Contractor Name) By: x (Seal) Principal Raised Corporate Seal STEVEN L.MENDOZA [MUST BE AFFIXED] SECRETARY (Title) Western Surety Company (Sure By: (Seal) J es Sco di,Attorney-in-fact APPROVED,�AS TO-FORM'. B NOTES: .Michael E. Gates, City Attorney 1. Acknowledgments must be completed and returned as part of the bond. 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 154584/118138 2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 HR l00 IE+Bo9e 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 DRANGE On 08/16/2022 before me, J. DEIONGH,NOTARY PUBLIC Date STEVEN L. MENDOZA Here Insert Name and Title of the Officer personally appeared Name(s)of Signer(s) 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/s#eft#ey executed the same in hislherfl:heir authorized capacity(ies),and that by his/heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing J.DEIONGH paragraph is true and correct. Notary Public-California � V Orange County Commission#2307441 WITNESS my hand and official seal. My Comm.Expires Oct 28,2023 J Signature Place Notary Seal and/or Stomp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: - �ee>rtioa®eel 02018 National Notary Association ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On f /S, ZA* before me, Lauren Emily Bierman (insert name and title of the officer) personally appeared James Scott Salandi who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/aFn subscribed to the within instrument and acknowledged to me that he/ghaftv-y executed the same in his/hwAh6k authorized capacity(, and that by his/harA 6k signature(g)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. sty`°`rhFB LAUREN EMILY BIERMAN WITNESS my hand and official seal. C" i m COMM. #2271982;U -® o NOTARY PUBLIC-CALIFORNIA� ORANGE COUNTY N `qi Fom P MY COMM.EXP.JAN 15,2023 Signature(, �; 1l ' _ (Seal) Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws CC 1638 Contract: Project: ZONE 5 RESIDENTIAL OVERLAY CC 1638 The undersigned contractor on the above-referenced project ("Project")hereby certifies that all laborers, mechanics, apprentices,trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 15505 E.LINCOLN AVE ORANGE,CA 92865 Executed this 27TH day of JULY , 2022 , at , California. R.J.NOBLE COMPANY X (Contrac ame STEVEN L.MENDOZA,SECRETARY APPROVED O FO By: Moael E. Gates City Attorney 1 CONTRACTOR'S CERTIFICATE STEVEN L. MENDOZA I, , state and certify that: (Name of Declarant) 1 R.J. NOBLE COMPANY is the general contractor to the City of Huntington Beach ("City") on Contract No. CC 1638 (the "Contract") for the construction of the public work of improvement entitled: ZONE S RE.SIDENTIAI.OVERLAY CC 1638 (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): NONE 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California(list all disputed claims; if none, write "NONE"). NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 15505 E.LINCOLN AVE Executed at ORANGE,CA 92865 on this 2'rII day of JURY , 20 zz r. x (Sign t e o clarant) APPROVZASCORM STEVEN L.MENDOZA,SECRETARY Michael E. Gates City Attorney 1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 :Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC 1638 Project: ZONE 5 RESIDENTIAL OVERLAY CC 1638 The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with title VII of the Civil Rights Act,the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, color, religion, sex,sexual orientation, gender identity, national origin, age or disability(with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 15505 E.LINCOLN AVE Executed this_ 27TH _day of IULY , 2022 at ORANGE, , California. R.J. NO� ,C MPANY x (Contract!rIwWeO VEN L.MENDOZA,SECRETARY APPROVED PTO FORMf, By: �J Michel E. Gates City Attorney 1 NMstern Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James Scott Salandi,Leonard Ziminsky,David Jacobson,Individually of Irvine,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of June,2021. WESTERN SURETY COMPANY POq d�; { z aul T.Bruflat,Vice President State of South Dakota 1 JI County ofMinnehaha ss On this 24th day of June,2021,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires M.BENT March 2,2026In, . — M.Bent,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this/l��ay of AZ U /" ^w—;--,L_ No WESTERN SURETY COMPANY ,W �P0 0 W4O f�{D s t = L.Nelson,Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. •31iwlsae3 Cq poluud aq,Clow leas a=odjoo oql pue jmgjo gans Am jo aanWUS!s atLL •uoilajodioo ag13o suoll0hlgo iaglo io,(awouVjo siamod`s'Sul)ltwapun'salallod`spuoq Cuu jo,CltptleA aql ao3 kmsaoau lou si leas alriodioo aq,L •,Culodwo3 ag13o ameu aql ui si?ulWuapun jo`sa►ogod `spuoq anssl of,C11Joglne aneq llrgs ogm slu32a io load ui s,Coulolld lulodde ,Caw iainsew l aql to`.�CmaiooS lunlslssd,Cue`,CielaaaaS`luaplsald aaIA,Cue`luapisald oq,L •azuoglnu,Clow siolaaj1Q 3o pieog agl se sJgOgJ o iaglo gans fq to`luapisa.id aoiA ,Cue jo`jwnseail `tielaloaS luulslssd pue `,CaalaimS `luap►sa.id agl,Cq ,Cuedwoa oql jo awau alwodtoa oql ul palnaaxa oq lings uoilaiodboo agl 3o suolledggo iaglo so `,(3wolld 3o =mod `s5ul)Fuapun `swayod `spuoq llV -L uoilaaS •,CuedmoD agl jo saaplogamgs aql,Cq poldope tlnp ma-l-,Cg Ommollol agl3o 44poq)nu Cq pue of luensmd palnoaxa pue opuw si,CatuouVjo lamod siq L ANVJWOD AIL Mf1S KHglSgM JO SNHU'IOHgXVHS Mil AS U91JOQV mwl-,Cg$alzlroq;nV RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) F CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for P.J. ND (Compa y Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. 301�3 �—� TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. lYjy Agenda Item No. 0 ,2-051 MSC No. City Clerk Vault No. *1010-Sri Other No. SIRE System ID No. S�SS3-Z g:/forms/bond transmittal to treasurer Recorded in Official Records, Orange County Hugh Nguyen,Clerk-Recorder NO F E E * $ R 0 0 1 3 8 7 1 7 5 6 $ * PLEASE COMPLETE THIS INFORMATION 202200026032810:29 am 07/27/22 227 RMA 1412 1 RECORDING REQUESTED BY: 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 3 t WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn:Kod Porter P.O.Box 190—2000 Main Street Huntington Beach,CA 92648 ;0 THIS SPACE FOR RECORDER'S USE ONLY ' TITLE OF DOCUMENT M 3 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,Huntington Beach,CA 92648,that the contract heretofore awarded to RJ NOBLE,who was the company thereon for doing the following work to-wit: Overlay of Residential Streets In Maintenance Zone 6,Project#1638 That said work was completed 07/27/2022 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on 07/27/2022,per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Western Surety Company,was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 27383 and should be recorded free of charge. 7/29>'2-Z Dino c VMs or City Engineer Dat City of Huntington Beach,California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I,the undersigned,say: I am an Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof;the some Is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. This document is solely the official business of /,46�// 7 ? t2 the City of Huntington Beach,as contemplated under Government code section 27383 and bkooloftf or City Engineer Da th should be recorded free of chame. City of Huntington Beach,California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 1 (Additional recording fee applies) s i 2000 Main Street, Huntington Beach CA City of Huntington Beach 92648 qV ffPm rED -7 -o File #: 22-363 MEETING DATE: 5/3/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce. Interim City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: Joseph Fuentes, Senior Civil Engineer Subiect: Authorize additional contingency and appropriate funds for the Zone 5 Residential Overlay Project, CC-1638 Statement of Issue: Due to recent and significant increases in the cost of oil, additional funds are needed to complete the Zone 5 Residential Overlay Project, CC-1638. Financial Impact: The original cost of the project, including contingency and supplemental expenses, is $3,034,500, with funds budgeted in the Gas Tax, Infrastructure. Water and Sewer Fund Accounts. The new project cost with a change order for asphalt increase is $3,300,500, To address the increased costs, staff is requesting authorization for the Director of Public Works to approve change orders up to 20% of the cost of construction. Staff is also requesting an appropriation of $266,000 from the Measure M fund balance. Adequate funds are available in the Measure M Fund (Fund 213). Recommended Action: A) Authorize a 20% contingency for the Zone 5 Residential Overlay Project, CC-1638, and, B) Appropriate $266,000 from the undesignated Measure M fund balance to account 21390002.82300. Alternative Action(s): Reject funding and reduce project scope of work. Analysis: This project will rehabilitate the pavement for approximately 80 of the most deteriorated residential street segments in Maintenance Zone 5, which is bounded by Yorktown Avenue to the north, Beach City of Huntington Beach Page 1 of 2 Printed on 4/272022 144 File #: 22-363 MEETING DATE: 5/3/2022 Boulevard to the east, and Pacific Coast Highway to the south and west. Work will include limited localized pavement repairs, crack sealing, cold milling, striping, and asphalt overlay. From the time of bid opening in January 2022 to the start of construction in April 2022. the cost of oil significantly increased since the time R.J. Noble provided its bid to supply asphalt for the project. Despite RJ Noble's best efforts to work around this sudden and unexpected increase, it is at a standstill from procuring the required asphalt without an equitable price adjustment. The force majeure clause in its contract with the City works to mitigate negative effects of force majeure events such as war, acts of nature, and other situations that trigger disruptions in business operations, supply chain, labor, and materials. In this case, the price of oil has risen so dramatically that it has made it impracticable for RJ Noble to purchase asphalt and perform its paving operations without a contract price adjustment. The original total cost of the project was $3,034,500. The recommendation for the project is to increase the project contingency costs by an additional $266,000 to cover any potential change orders as a result of the increase to the cost of oil. The new cost of the project is $3,300,500. Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301(c) of the California Environmental Quality Act. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Vicinity Map City of Huntington Beach Page 2 of 2 Printed on V27/2022 ocwere7.45 Legistar° tea. QQ�G�o n � XAVE. ui BOLSA AVE. NTS N v McFADDEN N Ln a EDIIN ER J m a HEIL AVE. WAR R AVE. w o o SLATER AVE. 405 Z 3 w o m a. z TAL ERT 4VE. is O ELLI AVE. GARFIELD F c=i AVE. m (n V) V) o v� cn cn c� YORKTOWN AVE. ADA S AVE. A W (n In INDMAPOLIsl AVE. _ Q `1 NTA Z zz a: AVE.m °F �o HAM I Li < m 9( qs AVE. y�Y BANNING LEGEND AVE. ZONE 5 BOUNDARY ZONE 5 RESIDENTIAL OVERLAY PROJECT PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 of 1 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerks Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH z INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance ,t I have received the bonds for ) ,`,/'/��PJ llyYll�Gt ju _ CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. - / I/_3 ;?--71,2-1 Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Coarxi Appro*Diso) CC No. Agenda Item No. �'? - CSj MSC No. City Clerk Vault No. llO�..SG Other No. SIRE System ID No. g./formsrbond transmittal to treasurer (�— /1e7 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RJ NOBLE COMPANY FOR RESIDENTIAL OVERLAY OF ZONE 5 THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and RJ NOBLE COMPANY , a Catlfornia corporation, hereinafter referred to as "CONTRACTOR." WHEREAS,CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as pavement overlay of residential street se¢ements in Maintenance Zone 5 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: I. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 16-5195/City Funded Construction Conowt.docx—revised 04/2016 t prosecution of work. and for all other risks of any description in connection with the work. including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as arc herein expressly stipulated to be horns by CITY, and for well and f1aithf illy completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set Ibtth in the accepted bid proposal. 2. ACCEPTANCE OP CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CON'I RACI-OR acknowledges that it is hilly familiar with all the terms. conditions and obligations- of this Agreement and the Contract Documents (as defined below in this Section). has inspected the location of the job site. and the conditions under which the work is to be perlbrmed. and that it enters into this Agreement based upon its thorough investigation of'all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents arc incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein. and that CONTRACTOR and its subcontractors. if anv, shall be bound by the Contract Documents insofar as they relate in part or in any way. directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement: 13. Bonds covering the work herein a.,reed upon: C. The CTTY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY. and anv revisions. amendments or addenda thereto: 16 195/Citv Funded Construction Coraract.docx—revised 04/2016 D. The edition of .Bullard Specyiicutions )r Public Works Cunstrucrion. published by 1311ilders'News, Inc.. 10801 National Boulevard. Los Angeles, CA 90064. and all amendments thereto, written and promulgated by the Southern California chapter ofthe American Public Works Association and the Southern California District Associated General Contractors of the California.loint Cooperative Committee as specified in the particular Plans. Specifications. Special Provisions and Addendum applicable to the Project: 1-1 Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACfOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference): P. The particular Plans. Specifications. Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications. shall be ol'like effect as if indicated and mentioned in both. In case of' a discrepancy bethvccn any Plans. Specifications. Special provisions. or Addenda. the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be anv conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contracrdocx—revised 04/2016 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement. subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents. a sum not to exceed two million six hundred fifty eight thousand six hundred thirty Dollars (cs 2,658,630.00 ), as set forth in the Contract Documents. to be paid as provided in this Agreement. 4. C0�9\gENCE�41 N"I OF PROJI=CT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To proceed is issued and diligently prosecute the PRO.II'iC'l' to completion within sixty ( 60 ) consecutive Working days from the day the Notice to Proceed is issued by DPW. excluding dclays provided for in this Agreement. 5. TIN1[- OP TH 17 ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples. and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors. subcontractors. and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors. 4 16-5 19?/City Funded Construction Contract.docx—revised 04/2016 subcontractors and CITY forces and. in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes. furnish materials and perform all work necessary within the scope ofthe PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DIM'. and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work. CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal. the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon. CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE-* TO PROCEED No work. services. material. or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work \will be available on the date the Notice to Procecd is issued. In the event ol'a delay in commencement of the work clue to unavailability of the job site. for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay clue to such unavailability. 5 16->195/City Funded Construction Contract.docx—revised 0412016 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall. prior to its performance of this Agreement. furnish the following two (2) bonds approved by the City Attorney: One in the amount of'one hundred percent (100%) of the contract price to guarantee the CONIRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished, In addition. CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price. including all change orders. to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (I0) days of filing of the Notice of Completion. 9. "'ARRANTIE'S CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to. any workmanship. installation. fabrication. material or structural facilities constructed. CONTRACTOR. within ten (10) days after notice by CITY of any defect in the work. shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) clay period. CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDI.-T NDINTCONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be. acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense. and be responsible for any and all payment of all taxes. social security. state disability insurance compensation. unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.doex—revised 04/2016 deductions for CONTRACTOR and its officers. agents and employees and all business licenses. if any. in connection with the PROJECT and/or the services performed hereunder. 1 I . LIQUIDATED DMOAGI S/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set Forth herein. damage will be sustained by CITY: and that it is. and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY. as liquidated damages and not as a penalty, the sum of one thousand (S 1,000 ) per each calendar day's delay in completing the work in excess oi'the number of working/calendar days set forth herein. which represents it reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided. and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of' time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to. acts of God or of' the public enemy. fire. floods. epidemics, quarantine restrictions. strikes. unsuitable weather. or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of anv such delay (unless DPW shall grant a further period of'time), notify DPW in writing of the cause of the 7 16-5195/Cily Funded Construction Contract.docx—reviscd 04/2016 delay and CITY shall extend the time for completing the work if. in itsjudgmcnt. the findings of' fact thcrcon justity the delay: and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of'the work by the act. neglect or default of' CITY. or should CONTRACTOR be delayed by waiting, for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible. or by the combined action of the workers. in no way caused by or resulting from default or collusion on the part of* CONTRACTOR. or in the event of a lockout by CITY. then the time herein fixed for the completion ol'the work shall be extended by the number of'days CONTRACTOR has thus been delayed. but no allowance or extension shall be made unless a claim therefor is presented in \yritin,,, to CITY within fifteen (1 5) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof. and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR i\4ONEl'. A. Definitions. (1) "Chance Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition. deletion or revision in the work. or an adjustment in the Compensation under Section 3. or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following,: (a) A time extension: 8 16-5 195/Cite Funded Construction Contract.docs—revised 04/2016 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes: (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (c) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicate(] in this Agreement or the Contract Documents. or unknown physical conditions at the job site, of an unusual nature. differing material[\, from those ordinarily encountered and generally recognized as inherent to work of the PROJHCf; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 13. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPI',' shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (1 5) days 9 16-5195/City Funded Construction Contract.docs—revised 0412016 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested. whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C. in the case of differing or unknown site conditions, immediately upon encountering the conditions. CONTRACTOR shall notify the DPW in writine of the conditions, so that the CITY may promptly investigate the conditions. 171. If the CONTRACTOR disputes the DPW's written response on the Demand. or the CITY fails to respond within the time prescribed. the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15)days of receipt of the City [:ngineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed. respectively, and request an informal conference to meet and confer for settlement ofthe Demand. Upon the CONTRACfOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall esecutc appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. Ifthe CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Followine the meet and confer conference. it' the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter I (commencing with Section 900) and Chapter 2 (commencing with Section 910)of Part 3 ol'Division 3.6 of Title I of the Government Code. For purposes of those provisions. the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx—revised O4/2016 or her Demand until the Demand is denied as a result of'the meet and confer process, including any period of time utilized by the meet and conl"cr process. 13. VARIATIONS IN ESTIMATED OUAN"1"1.1-IFS The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of' the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT-. it"the actual quantities used are either more than or less than the quantities listed in the bid schedule. the bid price shall prevail suhjcct to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances. order an equitable adjustment. Upwards or downwards. in payment to CONTRACTOR where the actual quantities used in construction of-the PROJEC'I-arc in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion. D13W shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in Its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate. five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate. less the amount ofall previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has. in the judgment of DPW. faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule. and il' DPW finds that satisfactory progress has been and is being made. CONTRACTOR may be paid such II 16.519>/Cite Funded Construction Contract.doex—revised 04/2016 sum as will bring, the payments of each month up to one hundred percent (100%) of'the Value 01' the Work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, Tess all previous payments and less all previous retained amounts. CTTY's final payment to CONTRACTOR, if unencumbered, or any pan thereof unencumbered. shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided. however, that in the event of a dispute between CITY and CONTRACTOR. CITY may, withhold from the final payment an amount not to exceed 150 percent of'the Value ofany disputed amount of work. Payments shall be made on demands drawn in the manner required by law. each payment to be accompanied by a certificate signed by DPW. affirming that the work for which payment is demanded has been performed in accordance with the terms ofthc Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD MI LD CONTRACT FUNDS, SUBSTITUTION 01: SECURITIES At the request and at the sole cost and expense of CONTRACTOR. who shall retain beneficial ownership and receive interest. if any thereon. CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF.CLAIMS After the completion of the work contemplated by this Agreement. CONTRACTOR shall file with DPI'.' its al7idavit stating that all workers and persons employed. all firms suppIVing materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material. except certain items, if any, to be set forth in CONTRACTOR's at1 idavit covering disputed claims. 12 16-5195/City Funded Construction Contract.doc.c—revised 04/2016 or items in connection with Notices to Withhold. which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OP CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims a�uainst CH under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages- and the general prevailing rate for Icgal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement. and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement. as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code. CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code. CONTRACTOR shall. as penalty to C'fY. forfeit twenty-five dollars (S25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CAL11TORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate For legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement. and the same has been set forth by 13 16S 195/City Funded Construction Contract,docx—revised 04/2016 resolution on file in the office of the Cite Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code. CONTRACTOR agrees to secure payment of compensation to every employee. 13. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code. CONTRACTOR shall. as penalty to CITY. forfeit twenty-five dollars (525) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA 131GI-I'1'-TIOUR LAW A. California Labor Code. Sections 1810 el seq. shall apple to the performance of this Agreement; thereunder. not more than eight (8) hours shall constitute one days work and CONTRACTOR and each subcontractor employed by its hereunder. shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder. except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall. in accordance with California Labor Code Section 1812. keep an accurate record. open to inspection at all reasonable hours. showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813. CONTRACTOR shall. as a penalty to CITY. forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 16-5195/City Funded Construction Contract.dOCS—revised 04/2016 (I) calendar day or forte (40) hours in am•one (I) calendar week in violation of California Labor Code Section 1815. 20. PAYMENT 01: TRAVEL, AND SUBSISTI NC1.; ALL,OWANCIi Section 1773.8 of the California Labor Code. regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT 017 APPRENTICES Section 17775 ol' the California Labor Code. regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL, RI.-'CORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number. work classification, straight time and overtime hours worked each day and week, and the actual per diem Nvages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of'its subcontractors to do the same. CONTRACTOR further a,,rees that its payroll records and those of its subcontractors, if'anv. shall be available at all reasonable times to the CITY. and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776. in general. 23. INDEMNIFICATION. DEFENSE, 1-I01-D 1IARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers. elected or appointed officials, employees, agents, and Volunteers from and against any and all claims, damages, losses. espcnscs, judgments, demands, defense costs, and consequential damage or liability ol'any kind or nature, however caused, including those resulting from death or injury to CONIRACTOR's employees and damage to CONIRACTOR's property. 15 16-5 19i/Cite funded Construction Contract.docx—revised 04/2016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR. caused in whole or in part by any negligent act or omission of the CONTRACTOR. any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willfttl misconduct Of' the CITY, its officers. elected or appointed officials, employees, agents. and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. 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. 24. WORKGRS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCI Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 el seq. of' this Code, which requires every employer to be insured against liability for workers' compensation: CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of'not less than the State statUtory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similar[\- require all subcontractors to waive subrogation. 16 16-5 195/City Funded Construction Contract.doc.c—revised 04/2016 25. INSURANCI In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnif'v CITY. CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance. including motor vehicle coverage covering the f ROJE.CT. This policy shall indcmnitL CONTRACTOR. its officers. employees and agents while acting within the scope of their duties. against any and all clairns arising out or in connection with the PROJIiCT, and shall provide coverage in not less than the f'ollowim_ amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000.000) per occurrence. If coverage is provided under a lorm which includes a designated general aggregate limit, the aggregate limit most be no less than One Million Dollars ($1.000.000) for this PROJECT. This policy shall name CITY. its officers. elected or appointed officials. employees,agents. and volunteers (the "Additionally Insured Parties`)as Additional Insureds. and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRAC'fOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Panics. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Partics, All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars (S5.000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required ol'CONTRACTOR by this Agreement. 17 16-5 195/City Funded Construction Contract.docx—revised 04/2016 26. CF..RTIFICATGS Of INSURANCE: ADDITIONAL INSURED ENDORSEMENT'S prior to commencing performance of the work hereunder. CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement: the certificates shall: I. provide the name and policy number of each carrier and policy: 2. State that the policy is currently in force: and 3. Promise to provide that such policies will not be canceled or modil ied without thirty (30) days' prior written notice ot'CITY. CONTRACTOR shall maintain the foregoing insurance covera=es in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONIRACTOR's defense. hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay. in a prompt and timely manner. the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies. naming CITY. its officers. elected and appointed officials. employees. agents and volunteers as Additional Insureds. to the City Attorney for approval prior to any payment hereunder. 27. NOTICE Of- T[]IRD PARTY CLAIN'1 Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY ora court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. Is 16-5 195/City Funded Construction Contract.docx—revised 04/2016 28. DFFAUL T AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence. or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent. or violates any provision of this Agreement or the Contract Documents. CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR. CITY may. without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR. CITY may elect not to terminate this Agreement: in such cycnt CITY may make good the deficiency in which the del'ault consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement wider this Section was wroneful. such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIL'-NCE CITY may terminate this Agreement for convenience at anv time with or without cause. and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination. under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience.the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of' such termination. In no event shall CONTRACTOR be entitled to recover overhead. prof-it or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONIRACTOR's 19 16-5 195/City Funded Construction Contract.docs—revised 04/2016 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OP PLANS. ESTIMATES AND OTI IIiR DOCUM -N'I'S CONTRACTOR agrees that upon completion of the work to be performed hereunder. or upon expiration or earlier termination of this Agreement. all original plans. specifications. drawings. reports. calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell. assign. transfer. convey or encumber this Agreement.or any part hereof. or any right or duty created herein. without the prior written consent of CITY and the surety. 32. CITY EMPL,OYEIS AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES: RECOVERY OF ADMINISTRA TIVF COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out ol'the processing of Stop Notices. Notices to Withhold. or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars (S I00) for every Stop Notice filed in excess of two (2). regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unrcimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 20 1 G-5195/City Funded Construction Contract.docx—revised 04/201 G 34. NOTICES Any notices. certificates. or other communications hereunder shall be given either by personal delivery to CONIRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant.or by enclosing the same in a scaled envelope. postage prepaid, and depositing the same in the United States Postal Service. to the addresses specified belo%v: provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices. certificates or other communications will be sent by notifying the other party via personal delivery. reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach RJ NOBLE COMPANY ATTN:Joseph Fuentes . Public Works AVI-N: Steven Mendoza 2000 Main Street 15505 E. Lincoln Ave. Huntington Beach, CA 92649 Orange, CA 92865 35. SECTION HEADINGS The titles. captions. section. paragraph and subject headings. and descriptive phrases at the beginning of the various sections in this Agrcenient are merely descriptive and are included solely for convenience of reference only and arc not representative of-maters included or CSCIUded from such provisions.and do not interpret. def inc, limit or describe. or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/City Funded Construction Contract.docs—revised 04/2016 36. I\9t91GRAlION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization Taws of the United States and shall. in particular. comply with the provisions of" United States Code Section 1324o regarding employment verification. 37. LEGAL SIiRVICES SUBCONTRACTING PROI-11131TIcD CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services. and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309. the City Attorney is the exclusive legal counsel for CITY: and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY"S PLLS In the event suit is brought by either party to construe. interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof. each party shall bear its own attorney's fees. such that the prevailing part shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. INTERPRI-TATION OI' THIS AGRLEMIiN"I' The language of all parts of this Agreement shall in all cases be construed as a whole. according to its fair meaning. and not strictly for or against any of" the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable. void. illegal or invalid. such holding shall not invalidate or affect the remaining_ covenants and provisions ofthis Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement. the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the T? 16-5195/City Funded Construction Contract.docx—revised 04/2016 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of anv act contrary to law. and wherever there is any conflict between any provision contained herein and any present or future statute. law. ordinance or regulation contrary to which the parties have no right to contract. then the latter shall prevail. and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to brine it within the requirements of the law. 40. GOVERNING LAB\' '['his Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE' ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals. each of'which so executed shall. irrespective of the date of its execution and delivery, be deenud an original. Each duplicate original shall be deemed an original instrument as against anv party who has signed it. 42. CONS17NT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or anv other transaction or event. 43. SURVIVAL. Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. NIODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and dUIV executed by both parties. 23 16-5 19i/City Funded Constntaion Contract.docx—revised 04/2016 15. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement. and shall indemnify CITY fully for any itl,jurics or damages to CITY in the event that such authority or power is not. in fact. held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation. and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations. inducements. promises. agreements or warranties, oral or otherwise. have been made by that party or anyone actin; on that party's behalf. which are not embodied in this Agreement, and that that part- has not executed this Agreement in reliance on any representation. inducement, promise. agreement, warrant. fact or circumstance not expressly set forth in this Agreement. This Agreement. and the attached Exhibit "A". contain the entire agreement between the parties respecting the subject matter of this Agreement. and supersede all prior understandings and agreements whether oral or in writinl-I between the parties respecting the subject matter hereof. ?q 16-5195/City Funded Construction Contract.docs-revised 04/2016 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on 02/07 , 20 22 'F *AW &*t hq 1 6t�I M FOXUAt� 1520U. R: I CONTRACTO CITY OF HUNTINGTON BE H Wunicipal eorpo n of Late o li By: 6 �M_" AUSTIN . ARVER, PRESIDENT Mayor (print name) �&hudj„) ITS: Chairm /Presiden / Vice-President City Clerk (circle one) INITI ED AND VED: AND By: Director of Public W s STEVE L. MENDOZA,SECRETARY (print name) RE ED AND PPROVED: ITS Chief Financial Officer / Asst. Secretary—77'Treeasurer (circle one) City Man APPROVED A RM: Atfity Attorney 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 IRf!ll�NNNIY NlNYI 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 1 County of _J3PAbLGF 1 C u- :u" 1. DFIONGH.NOTARY Pl'RLIC On before me. Dore U'i1lN St C4H%I Here Insert Nome and Title of the Officer!: personally appeared — Nome(s)of Srgner(s) who proved to me on the basis of satisfactory evidence to be the personN whose name(s)siare subscribed to the within instrument and acknowledged to me that he/sheA"executed the same in his/heNSheu authorized capacity(Ees), and that by his/hetAh4w signature{&) on the Instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the ^+ laws of the State of California that the foregoing ` f ;.,,.,�,.,, '-.,• paragraph is true and correct. WITNESS my hand and official se/al. V Signature Place Notory Seal ondror Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above. _ Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name. ❑ Corporate Officer - Title(s) ❑ Corporate Officer - Title(s). ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee D Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other ❑ Other: Signer is Representing Signer is Representing _ 02018 National Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 4 1189 fiNeMeelM A notary public or other officer completing thiscertificate verities 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 Countyof ORAN(,F u' u' 'u" J UhIUAGII. AUI:AR1 Pl BI R On before me. -�— Here Insert Name and Title of the Officer personally appeared _ Nome(s)of Signers) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s)Isere subscribed to the within instrument and acknowledged to me that he/speiilhey executed the same in hisfhef/then authorized capacity(L", and that by his/her4thei signatureW on the Instrument the person(s). Or the entity upon behalf of which the person{y 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 fficial seal. Signature Place Notary Seal ond/w Stomp Above Sign<tune of Notary Public OPTIONAL — Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document Description of Attached Document Title or Type of Document. Document Date: Number of Pages: Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signers) Signer's Name: Signer's Name ❑ Corporate Officer - Title(s). ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator D Other ❑ Other Signer Is Representing Signer Is Representing: C2018 National Notary Association CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM 1 NOBI.I COMPANY YRQ7ECT CC-1638 Overlay of Zone (Contractor Name) 15505 F LINCOLN AVE (6trect Address) ORANGE..CA 92865 (City,Rate and Zip) TO: CITY OF HUNTINGTON BEACH DECLARATION ArAd"teeto is a true and correct COW of 8e 3 aflt Cetf kC Of lrWdOce and AC(ltorhal 1nRred Er drament L—. 2010 118s, "Nch Cerwkate corphes we pe Ireranse replda'IMtt of It"tbraraC by and benvear ire City d ttmungtm Demob Mtn ana arc a0a ,caned Cmtract0r rCa ate')For me alwve4emI id PM)ad(YrOJadl I dxlare u Paoli"Of PeWj WKle the laws Of die SYaa dCasfostt&00 Ne 01)0. sotemerlt Is true AV nx.e2 Agnnlm_'p7 "2- 20—Y 15505E LINCOLN AVL:,ORANGF.CA 42ar.a ,Date) (CRY,Stove) d MRho is Mdln9 Oee$ratlm) STFVFN IX)TA.SFCRI-TARY WARRANTY Cateracar ttdeby mmarb and agrees to anktlt PradIKU"Corapeeed OperaW*Iravvice o txmp m synth dw tswra teGhvenhertt of me Coro&¢for trk 1k01e'; said Intarance SNa 0e Otdltaahed though and heel Ne aVaaUW of Al yfarrarees prpvMN tr/CaNraty. Sod amraOra stud cataln A07Wal Irmsed eAdV9wvJt CG 2010 11M,m i Oq as an Additional rca d. Cprd XW mall UVW a CB+,an at IeaR arr&nl Oats,&cwtillote d inuance and tlhe a/aunuCaed Hhdasertxht ev1 wx V=bored mha&9a~mesa tthe Contract raPramsb. �r?1)7 21122 155051 LINCOI N AVL.OR.ANGI-_CA 928hi Slgrsed on ID ,at (Rm) (city,stem) C91111TRACfOR: fie, R JJJNNOBBLLEE COMPANY eyxfFJ�C'lI�GYar— T�F,;RS A— �wha SECTION C PROPOSAL for the construction of ZONE 5 RESIDENTIAL OVERLAY from PROJECT LIMITS CC No. 1638 in the CITY OF HUNTINGTON BEACH TO THE. HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to famish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach,and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans. specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted far award. BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed "ill result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govem over figures. c-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the .AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option.he considered null and void. Accompanying this proposal of bid, find uw•em BOND in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if am Addenda No. Date Received Bidder's Signature C-Z SECTION C PROJECT BID SCHEDULE RESIDENTIAL OVERLAY MAINTENANCE ZONE 5 CC1638 t—swmow j `_ ".1 Mobilization including crack sealing 1 LS S133.M 00 2 Prepare Storm Water Pollution Prevention Plan(SWPPP) 1 LSS 3,000003 Install&Maintain Construction BMPs 1 LS S IS.00u.W a Construction Project Traff c Control 1 LS S 26Jxx)W S 26h 00000 6 Tapered edge cold mill at 0.12'depth per Detail in Specifications including disposal 370.000 SF S 0is S 55,50000 6 Cold mill full width of asphalt section at 0.12' depth 945,000 SF $0,15 S 141.750 00 7 Furnish and Install Petromat per Specifications 1,200,000 SF S _12 S 144.000,00 & Install 112" (0.12')Type III C3.PG$4-10-RAP Asphalt 21,500 TN S86,25 $ 1,854.37500 Concrete Overlay Provide pavement removal with 2'(0.17')Cold Mill and i Installation of 2'(0.1 T) Class B PG 70-10-RAP AC Me 90,000,00 course at various locations 45,000 SF $ 10 Replace and adjust Water Valve Cover to grade 204 EA $460 W S 93.940.00 11 Adjust City Sewer Manhole to grade 91 EA S 540.00 S 49.140 W 12 Adjust Storm Drain manhole to grade 5 EA S 435.00 S 2.175.00 17 Adjust Utility Valve To Grade 10 EA S 460.00 S 4.eW W 14 Reinstall all existing Traffic Striping and Legends 1 LS S 35.000.00 S 35.000 Ou 15 Install Traffic Detection Loops 10 EA S 425.00 S 4.25000 16 Provide Sewer Manhole Ring and Cover to replace any s00.W 4.00000 damaged Ring or Cover(Allowance) 5 EA $ $ TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE $ 2.65s,630 00 TOTAL BID AMOUNT IN WORDS: nwr million sis hmulrcd fuly eight thouumt sic hundred thirty ikdlnrs S w cents !V All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. G2.I LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or S10.000, whichever is greater,and the portion of the work to be done by such subcontractor. Bid Name and Address of State Ctass DIR PWC Dollar % of Item(s) Subcontractor License Reeistration 0 Amount Contract Number 1IMPRIZED(:RACKFILI.I:R SCALANI 99SN77 C32 1 18755 FAIRFAX LANE > > EUN'I'INGRIN REACH,CA 9I643 I OM)I0726 Si7,7_U.W 17°: SS1 nisON F:i-Fc-mIC IN(' IS 19381:KMELLA AVE 614518 CIO IWO(101610 S3,80000 0.14% ORANGE.CA 92867 SUPERIOR PAVENEN'I'SIARKINGS 776306 C31 IWW01476 S3_410.00 I12': 14 INC CS' 5312 CYPRESS S'I' CYPRESS.CA 90630 I By submission of this proposal,the Bidder certifies: I. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 0112OP_02? ORANGE CA. at _ Dote City State S1 EVEN 1..MENIX)ZA , being first duly swom, deposes and says that he wr he is SECR6IARY of R.1 N01MLBCOMPAN1' the party making the foregoing bid that the bid is not made in the interest of, or on the 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, or 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 fee to any corporation, partnership, company association, organization, bid depositor-, or to any member or agent thereof to effectuate a collusive or sham bid. R.1 NOBLLCOMPANY Name of Bidder (32 ALIL Signatureo id&r S"'VEN L.MENIxl7A,SECREI'ARr 15505E LINCOIN AVE.ORANGE,CA 92_en5 Address of Bidder I I Ca CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 4 1189 �leraaai seraaaao 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 1 Countyof f)RANrP J On OI/20/2022 before me. 1. DEIONGH. NOTARY PUBLIC Offle STEVEN L Hrnnor,t Here Insert Nome and Title of the Officer personalty appeared Nome(s)of 5igner(s) who proved to me on the basis of satisfactory evidence to be the persons)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/sheittbey executed the same in his/herNheN authorized capaciry(ies),and that by his/bw W44 signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing Xoury J.DEioXGX paragraph is true and correct. ' ou01'.t GLLforcl� S i pnry�Ccan:y _ Ccornwm r tA, WITNESS my hand and official seal. I Signature Place Notary Seal and/or Stomp Above atFreofNotary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer - Title(s): D Corporate Officer - Title(s): ❑ Partner - O Limited ❑ General O Partner - O Limited ❑ General ❑ Individual O Attorney in Fact ❑ Individual D Attorney in Fact O Trustee a Guardian or Conservator ❑ Trustee Cl Guardian or Conservator D Other: ❑ Other: Signer is Representing: Signer is Representing: aaraasaoaa®tteeroaaatt�oeaaaaaaoaaaaaaaaor� 0201E National Notary Association i I j UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL i CITY OF HUNTINGTON BEACH, CALIFORNIA I i Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the ZONE 5 RESIDENTIAL OVERLAY, (l)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California jAdministrative Code, Section 2700, as follows: "Qualified Person: A person who, bvreason ofexperience or instruction, isfamiliar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. R 1,NOni.1;COMPANY Contractor By U s,ri7 VEN L.MENDOZA,SECRIi 1 ARY Title Date: a i n_mozz C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes U No If the answer is yes, explain the circumstances in the space provided. NIA Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE I Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. RJ.NOnLE COMPANY Contractor x By i S'IEVIN L.MENDOZA.SECRIErARY Title 0tr_0roz Date: i Ca I I BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: K.1.NOBLE COMPANY Bidder Name 155051: I.INCOLN AVENUE Business Address ORANGE,CA 92865 City, State Zip ( 714 ( b37-Uso mcvcmcndo"grJmb1rcompam.com I Telephone Number Email Address 78290.9 CLASS @ C-12 State Contractor's License No. and Class osa00o Original Date Issued 08R 1l2022 Expiration Date The work site was inspected by srEvru L MENDO%A of our office on 011W2077 202_. The following are persons, firms, and corporations having a principal interest in this proposal: K J.NOMA:COMPANY A CALIFORNIA CORPORATION AUS'I'IN\f.G\KVIiK.PREiSI DI N I KASONDRA C.GON%,\Lli%.\9CIi PRICSIDIi\r STEVEN L.ML'NIwL\,SECR17ARY JACOB BREEDLOVE.ASSISTASI SECRIN ARY JAMES N.DUCO1 H,C F O The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. R.1.NOBLE COMPANY Company Name L Signatur BiddVr S TF:VIiN L.\11iNlp%A,SECRI7I'AR1' Printed or Typed Signature I C-a NOTARY CERTIFICATE Subscribed and sworn to before me this '°1 Wy of JANuARY 2022 . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA ) County of ORANGE ) On OM02022 before me. J.DFIONG11,NOTARY PUBLIC _ Month, Day, and Year Insert Name and Title of Notary JTEVi:N L.MIN)OZA personally appeared NamlJ of Signer 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 heAlii hbl executed the same I in hisAterldixit authorized capacity(mes), and that by hisfSrenh{teu signatures)on the instrument the person(s),or the entity upon behalf of which the person(9)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. I WITNESS my hand and official seal. ^ aec c- .•o:en a=mx Got:r.,. 41 Signature x _ Signa re I btary Public (PLACE NOTARY SEAL ABOVE) J.DFIONGH I C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Overlay Project of multiple residential streets."S. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: I . CITY OF ANAI EIM 300 S.ANA11EIM aI.VD STE 276,ANAHEIM.CA Name and Address of Public Agency BOB LUCIANO Name and Telephone No. of Project Manager: 714-765-5I76 S7,024J7603 RESIDI:NTIAI.STRE6r IMPROVEMIXI'S 12C019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: CONCRLIB,SLURRY SEAL,COLD MILT.STRIPING,Amus r ii l.i'rILs.SURVEY.AC PAVING �. CITY OF IRVINI:ICIVIC CF911R PLAZA.IRVINE.CA 93606 Name and Address of Public Agency S'1'AC1'UIiLONG SDcl.9ngir,cirynlirvine.wg Name and Telephone No. of Project Manager: 949J24-6443 S7,077,96100 AN,NUALST'REff-r RIMAII&SLURRYSEAL G.U20I9 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 9IJRV1:Y,TRAFFIC CONTROLSTRI PING.COLD MII-I-ING,ADJ 1TII LI'riE 5.I.OoPS.SI.URRY,CONCRICrE, AC PAVING 3. CITY OF NEWPOR'I aF\CH,100 CIVIC CENTER DRIVE,NIiN'PORT REACH,C\Q2660 Name and Address of Public Agency RAYMUND REYES rrcyavi,newlxntheaehw.Uu, Name and Telephone No. of Project Manager: 949-4I4.3335 S2.319,58U.00 PAVEMENT REHAn11.1'I A I ION 1I1201Q Contract Amount Type of Work Date Completed Provide additional p�ect description to show similar work: SURVEY,TRAFFIC CO. o1..COLD I. CONC'RISIR,STRIPING,AC PAVING C•10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project (Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. KORI POR'rl-.R,GENERAL MANAGER OF CONS'I"RUCTION I. Name of proposed Project :Manager 714-637-1550 telephone No. of proposed Project Manager: FY 2019 STREET&SUIRRY SEAT.PRO(-.RAM 51.50,170.45 ACISLURRY SI?AL PV2020 Project Name& Contract Amount Type of Work Date Completed 1 RESIDEN"IIAL ROADWAY REI IA B $1978,413.89 5TREFr REHABII.I'I'AIION 100019 Project Name & Contract Amount Type of Work Date Completed CI Y OF NIiW'POR'r liliACll. 52?.LIII"LION Pr\VIiM1iN'I'Rlil Ltull.l'I'.1TION IOr201tl Project Name & Contract Amount Type of Work Date Completed ?, cnucKsrlERs.Gr:N13wu.surl;RrNT'r:Nur:N'r Name of proposed Superintendent 714- 37-1550 Telephone No. of proposed Superintendent CrrY OP OYI'ARIO,$6.1 MILLION AC PAVEMEN"I OF VARIOUS LOCA'HUNS 05g019 Project Name& Contract Amount Type of Work Date Completed CITY OF'n1S"1IN.S 16 MILLION PARK AVE REIIABI I.1'I"AnON 101.1018 Project Name& Contract Amount Type of Work Date Completed CI'I"5.OF SAN 1UAN CAPIS'I'RANO 52.1 MILLION S'IREICI"IMPROVENHNI'S OS-018 Project Name& Contract Amount Type of Work Date Completed C-11 I CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program, which requires I all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. i DIR FACT SHEET on SB 854 http://www.d i r.ca.gov/D LS E/Pu b l i c W orks/S B 854 FactS hcct_6.30.14.pd f DIR's Contractor Registration Link—Call(844) 522-6734 hops://efiIing.dir.ca.gov/P WCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https:HefiIing.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. R.1.NOBLE COMPANY Contractor I xax stcv cmcndorin/.4rywblmomparvy,= Email SECRE-rARY 'fide Date: 01r011022 PWC Registration 9: IW0004233 C-12 I I A CERTIFICATE OF LIABILITY INSURANCE aATzanozry» THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,ANDTHE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(los)must have ADDITIONAL INSURED provisions or ho endorsed. If SUBROGATION IS WAIVED,subject to the forms and conditions of the policy, certain policies may require an ondorsoment. A statement on this certificate does not confor rights to the certificate holder In lieu of such ondorsoment(s). PRODUCER Patriot Risk& Insurance Services NE" Annette Romero 2415 Campus Drive, Suite#200 PMHJOo,aE 949-488.7904 1 IW- vl Irvine, CA 92612B4IAIL ADORE ofornero0orudsk.com INSURETH )AFFOR MUG COVERAGE NAILA wurx.patrlsk.com OK07668 INSURER A: TFavalere Properly Casually CompanyofAmerlca 25674 INSURED Wauaeaa: Travelers Indemnity Company of Connecticut 25682 R.J.Noble Company, Inc. 15505 Lincoln Avenue WsuRw c P.O.Box 620 WSURER O: _ Orange CA 92B56-9020 INSURERS: INSURER F COVERAGES CERTIFICATE NUMBER: 66570226 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LLMrTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Ilan IYP[OF WSURANCE Co. YEFP PO. P.%P LWIIT9 POLICYNUMDEn 0 "I lmwn�i A COMMERCMLGENERALLIABILRY d VTJ-EXG1--9F338142-TI1--21 71112021 7/112022 FACH OCCURRENCE 11000000 clAusa MADE ©OCCUR .Ora,„ $300,D00 NED EXP(Any ass eredn) a Conlroctual Uabl9ly PERBQVALa ADJINNmI $1,000,000 OENL AM RF.OATE LIAIR APPLIES PER GENEMLAGGREGATE 1$2,000,000 POLICY�'ECT �LOC PRDDLRCTB-COMP/OP nOG S2.OOO 000 OTHER: 1 B AUIOMOSILELLASILITY VTC2E-CAP-9F338154-TCT-21 7112021 7/112022 Ica�EOSINGLEL r $2000000 aqj ANY AUTO OOOLY WJURY(Pm oman) a OWNED I I SCHEDULED POORLY INJURY(PC sodden) 4 AU EOS ONLY AUTOS HIRED NCN-0 EO PR P RTY AMAGE 1 AUTOS ONLY AUTOS ONLY If 1 A UYanELLALIAB VOCCUR CUP4RB293702125 7/1/2021 7/1/2022 EACH occuRRE.VLE a10000000 J EXCESS LIAR CWMSMApE Po9cy Follays Form Over AGGREGATE 110000000 GED I RETENnONE Underlying General Llab- 1 A wonitERs camPENaATnN UB-7N939386-21-26 7/12021 7/112022 ,/I SIATgTg ER- AND EMPLOYERS'LIABILITY ANYPRMRIETOP/PMTNEWIXELUINE YIN ELEACHACCIDENT 61000000 DPFICERRAEMJIERI:XCLUDEOI ❑N NIA I1dant.tsry In NH) E1.DISEASE-EAEMPLOYE 1 Y yyea Mcdlu Urb1 OESdrIncH OF OPERATIONS OeUw EA.WSEASE-PCIUCYLIIVUT $1000000 By: DESCRIPTION OF OPEMIIONS I LOCATIONS IVEHICLES(ACORO 101.A Qtoasl Re ygWdE`IWheal It menepere to nqutredl Re:RJN 091826/Residential Overlay of Zone 5 CITY OF HUNTINGTON BEACH GIy of Huntington Beach,Its officers,elected or appointed OfBClaie,employees,agents and volunteers are named as Addlfional Insureds as respects to General Liability Includes Primary and Noncontributory per endorsement attached v4wro roqutrod by written contract. WoWr of subrogation eppllea to WC and In favor of me addlUonal Insureds 30 days notice of cancellation,10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityy of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS, Huntington Beach CA 92648 AUTIIOPaEO REP0.ESEl:TAT IVE Dave Jacobson ~� d •` 01988-2016 ACORD CORPORATION. All rights rosorvod. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 61110231 I1//i] QL/sU/Ot4xc A •Lu PROM-0I x/F/roxl 31IDJd PH (PAx) Peye 1 a! e This car if i care cancels andm supersedes ALL pro,tousl, issued care Cleaea P. i a.J.NotNa Company,Inc. COMMERCIAL GENERAL LIABILITY POLICY NUMBER vTJ-ExGi-9F338142-TII:21 ISSUE DATE:2)&2Q22 - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION fThis endorsement modifies Insurance provided under the following: j COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): or a of Huntinggton Beech,its ofscere,elected or apppointed oftklnls,employees,agents end Volunteers ' Location of Covered Operations: (Information required to complete this Schedule, if not shown above,will be shown in the Declarations.) A. Section II —Who Is An Insured Is amended to In- This Insurance does not apply to "bodily Injury'or elude as an additional Insured the person(s) or 'property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising Injury" arising out of an offense with respect to liability for"bodily Injury","property committed,after: damage', 'personal Injury" or "advertising injury" 1. All work, including materials, parts or equip- caused, in whole or In part, by: ment furnished in connection with such work, 1. Your acts or omissions;or on the project (other than service, mainte- 2. The ads or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional Insured(s) at the loca- tion of the covered operations has been com- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- nated above. 2. That portion of `your work" out of which the act to the Insurance afforded to these Injury or damage arises has been put to its in- D. With respect tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: for engaged In performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. f ii61032 21/]] - .11"/rXCIMC 1 ....[[a Pave ra I l/X/loll l.l0.to . (P91) I P." 3 at f xRia rd ca Cate c n le an aupauaGaa P previously issued cartiticateo. i R.J.Noble Company.Inc. COMMERCIAL GENERAL LIABILITY POLICY NUMBER:VTJ-ExGt3F33e142-m.-21 ISSUE DATE:218/2a22 - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s)Or Organization(s): City of Hunlln9gton Beach,Its oglcers,elected or appointed o'Octets,employees,agents and voluntuors Location And Description Of Completed Operations Information required to complete this Schedule,if not shown above, will be shown In the Declarations. Section II — Who Is An Insured is amended to In- location designated and described in the schedule of clude as an additional Insured the person(s) or or- this endorsement performed for that additional In- ganization(s) shown In the Schedule, but only with sured and Included In the'products-completed opera- respect to liability for"bodily Injury" or'property dam- tions hazard'. age"caused, In whole or In part, by°your work" at the i CG 20 37 07 04 O ISO Properties, Inc., 2004 Page 1 of t 66g01 i6 II ]t ]] - aGAUJUC/VC I Annetta Aoaave 1 ]/0/]0]] 3,20,30 ON 11") 1., ] at f Thfa cart i[(cata n eta and auperoadaa ALL pr.vloualy laouod cart(tic r.a, i i i R.J.Noble Company,Inc. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: VTJ-EXGL-9F808142-T1L-21 ISSUE DATE: 07/0112021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - DESIGNATED ADDITIONAL INSUREDS - PRIMARY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: i COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF DESIGNATED ADDITIONAL INSUREDS i i i I I I I i i i i PROVISIONS Designated Addhional Insureds Is primary to any of The following Is added to Paragraph 4.a., Primary the other Insurance, whether primary, excess, Insurance, of SECTION IV — COMMERCIAL contingent or on any other basis, that Is available to I GENERAL LIABILITY CONDITIONS: such additional Insured which covers such additional Insured as a named Insured, and we will not share The Insurance afforded under this Coverage Part to with that other Insurance. any additional Insured shown In the Schedule Of i CO D4 28 02 19 ®2017 The Trave'am Indemnity Company.AD dahls reserved. Page 1 of 1 Includes capyrlghted metortel of Inacmm:a eemIcos Cllfce,Inc.WHh Ile Pomdad0n. I 6t6tOTxf II xx/xx aLPeyila/aC I AM¢cc¢eo¢¢[e I 2/4/2e22 11300¢ M Irtr) II >w¢ oe s Thi¢ cexklficnno cencele and ¢upereedeo a preyiauely lamed cemlLlo¢cce. i j TRAVELERS WORKERS COMPENSATION ORE TONER SQUARE AND HARTFORa, CT 06163 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-Ot POLICY NUMBER: UB-7N939386-21-25 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shell not operate directly or Indirectly to benefit any one not named In the Schedule. SCHEDULE DESIGNATED PERSON: CIIyy of Huntington Beach,Its officers,elected or§ppolnted officials,employees,agents and volunteers i I I DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. I DATE OF ISSUE:2/8/2022 ST ASSIGN: 7Hrmli I n/» - o.nv/e[c/wc 1 tnn.coe emxe I o/c/xaxa ouaae ve Ivcrl t v.p. s oe e iMe coral[ cecn neala a suparoodan ALL pvaviwaly inaued car[ (fcaraa. i i Bond No. 30143832 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as'City) has, by written agreement dated 20_, entered into a contract with ?UHLn LUNIYAN I, I))U)t.LINLUU,A%'L U L,UKA. Ut.LA 9L66) (name and address of Contractor) (hereinafter referred to as'Principal'),for performance of the work described as follows: CG I63 S Ovarlav of%nne 5 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively 'Contract'), are incorporated herein by this reference made a part hereof as though set forth herein in full;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt,Ulf and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the Stale of California (hereinafter referred to as*Surety');and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best,Moody's,or Standard& Poors,to validate that Surety has positive ratings of being secure or Stable;and Surety is registered and listed with the California Department of Insurance, NOW, THEREFORE,we,the undersigned,as Principal,and Western Surety Company,2 Park Plaza Suite 400 Irvine CA 92614 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of_two million six h a and fifty ejyht th_musmd six hundred thirty and 00100 Dollars($ 6658,630.00 ),this amount being not less than one hundred percent of the price set forth in the Contract,in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves,our heirs,executors, administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly,fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time;and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as'Obligees')fromany and all losses,liability and damages, claims,judgments,stop notices,fees and costs of every description,whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure a default on the pan of the Principal in the performance of any or all of the terms or the obligations of the Contract,including all alterations,amendments and modifications thereto,and any warranties or guarantees required thereunder,then this obligation shall be void;otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration,change,deletion,addition or other modification to the Contract,or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price, and any other alteration,change, deletion,addition or other modification to the Contract,or the work to be performed thereunder,and agrees 1 s.a5a4n 17174 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 5 1189 �p�ea oon �o�rtaa uos[+sel� A notary publ is 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 1 Countyof ORANCF 17 On 02/11/2022 before me. J. DEIONGfI.NOTARY PUBLIC a e Here Insert Name and Title of the Officer ti'I'GVGN 1.. MIiNDOZA personally appeared Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/sheA"executed the same in hisAtethhe:r authorized capacity(ies), and that by his1h4F4he4 signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing . :� ,-,:`_...�,_ =�'r c•��'='=�a paragraph is true and correct. �lC,.•i� ::-r•..a:urtGc:u.::a WITNESS my hand and official seal. 4Sgn Signature Place Notary Seal and/or Stomp Above ature of Notary Public OPTIONAL Completing this information con defer alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ro4Pseea,YAwae oogf8soo�FC+eeeewaonavouonoonooa 02018 National Notary Association ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On �z.—L �° Z-O zZ before me, Annette Lisa Romero, a Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the person(s)whose name($) is/RRX subscribed to the within instrument and acknowledged to me that he/wha" executed the same in his/hayAhek authorized capacity(ie*, and that by his/MyAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �I ANNETTE LISA ROMERO ` WITNESS my hand and official seal. o COMM.#2244076 E NOTARY PUBLIC CALIFORNIA o i ORANGE COUNTY __ ti 11 Micxmm.exp res 64ay.26,2022I� Signature r 4/7 (Seal) Bond No. 30143332 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as'City")has awarded to KJ.,1UrfLt LO rAN 1. 13>kl)t.LL\LIA.. APn. L'r,UKA?Ur,1,.4 YCbU3 (name and address of Contractor) (hereinafter referred to as'Principal'),a contract('Contract')for the work described as follows: CC.I63k Occrlay at 7onc 5 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the Califomia Civil Code to furnish a bond to secure the payment of claims of laborers,mechanics, materialmen,and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as 'Surety'); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best,Moody's or Standard 8 Poofs,to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE, we,the undersigned Principal,and westem Surety Company 2 Park E'lau'4 Suitt 400 lndne,CA 92614 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of twu mill•••• s,,,,,, hundred fifth, cieht ,thousand s;,•blmdmd_thim and 00/00 — — dollars($ 2,658,630.00 ;, this amount being not less than one hundred percent(100%)of the total price set forth in the Contract,in lawful money of the United States of America,for the payment of which sum,well and truly to be made,we bind ourselves,and each of our heirs, executors,administrators,successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the Principal,his,her,or its heirs,executors, administrators,successors or assigns, of subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code("Claimants')for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant,or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1 B13 or 1815 of the Labor Code,or 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 the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount feed by the court. PAYMENT BOND Page 1 of 2 15 4584/117357 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 �f�YDCA ��R�7t3lYilOQS/alfWF40O COglrOf® A notary public or other officer completing this certificate verifies only the identity of the individual who sig ned the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of neANC;F On 02/11/2022 before me. J. DEION'GI-1. NOTARY PUBLIC a e 5'1-f;Vli`L. A11iNDOZA Here Insert Name and Title of the Officer personally appeared Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names)is/are subscribed to the within instrument and acknowledged to me that he/sheA"executed the same in his/hedtheir authorized capacity(les),and that by his/he0heir signatures) 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 4. laws of the State of California that the foregoing c icvcH HOW kt paragraph is true and correct. 1`ram Mln.�C�-n, = c'"'""""" WITNESS my hand and official seal. ^_v,C?rm,faavee CF:i9.!033 Signature Place Notary Seal ond/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): O Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact Cl Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee 0 Guardian or Conservator D Other: ❑ Other: Signer is Representing: Signer is Representing: roan eoWB>toa�aBee9sao,�nl�o90rtnf2eaR0000eeA.Qea3B C2018 National Notary Association ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On /oi 202—Z—before me, Annette Lisa Romero, a Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/aRx subscribed to the within instrument and acknowledged to me that he/%heti" executed the same in his/heNkhek authorized capacity(ie*, and that by his/heNRhek signature(%) 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. 1I _ ANNETTE LISA ROMERO ` WITNESS my hand and official seal. o COMM.x zz44076 < NOTARY PUBLIC CALIFORNIA� 3 ORANGE COUNTY N Mixam.e.pies May.26,20221t Signature (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURFTY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint .lames Scott Salandi, Leonard Ziminsky, David .facobson, Individually of Irvine,CA,its true and la,vful Anomeyjs}in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undenakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as hilly and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is nmdc and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness\yhereof,WESTERN SURETY COMPANY has caused these presents to he signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of June,2021. WESTI3RN SURETY COMPANY r u�4r oa Jx�f�p"�yO1 4n pr 'aul'f.Bmtlat,Vice President State of South Dakota 1 County of bf innchaha 3 ss On this lath day of June,2021,before me personally came Paul T.Bmflat-to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURF:I Y COMPANY described in and which executed the above instrument;that he knows the seal of said corpomtiun;that the seal affixed to the said instrument is such corporate seal;that it%'as so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires M.BENT NOG SENT f March 2,2026 Ni.Be.,,Nmaz Public CERTIFICATE - I,L.Nelson,Assistant Secretary of W ES'ITRN SUR17'IY COMPANY do hereby certify that the Powcr of Attorney hereinaboye set forth is still in force, and further cenify that the By-Law of the corporation printed on the reverse hereof is still in force. In Icstimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this/Q/,-rlay of Ft�„ �p ZZi Q+SWerrvo WESTERN SURETY COMPANY Uo 0pq Se L.Nelson.Assistant Secretary Form F4290-7-2012 Go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY this Power of Attorney is made and executed pursuant to and by authority of the lullowing By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President. Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the 13otud of Directors may authorize. The President,any Vice President.Secretary,may Assistant Secretary.,or the Treasurer may appoint Attorneys in Pact or agents who shall have authority to issue bonds, policies, or undertakings in the narne of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings.Powers of Attorney or other obligations of corporation. The signature of any such officer and the corporate seal may be printed by facsimile. RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) ',j , AT CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION IOU TO: City Treasurer FROM: City Clerk DATE: 13 z� SUBJECT: Bond Acceptance q I have received the bonds for k Z Msb&-1 ��Y12D�itc L (Compan Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 301 L13��yy93.2 Payment Bond (Labor and Materials) Bond No. s301 LIE 3-2J Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other f Re: Tract No. Approved / '2 (Council Approval Date) F, (Z CC No. 11035 Agenda-item No. d a` S/ MSC No. City Clerk Vault No. 611-10 �)'SO Other No. SIRE System ID No. 150919-5132-1 gAorms/bond transmittal to treasurer Wy Western Surety Company BID BOND (Percentage) aond_Number; N/A KNOW ALL PERSONS BY THESE PRESENTS,That we R.J. NOBLE COMPANY of Orange, California hereinafter referred to as the Principal,and Western Surety Company as Surety,are held and firmly bound unto City of Huntington Beach hereinafter referred to as the Obligee, in the sum of ( 10 %) percent of the greatest amount bid,for the payment of which we bind ourselves, our legal representatives, successors and assigns,jointly and severally,firmly by these presents. WHEREAS. Principal has submitted or is about to submit a proposal to Obligee on a contract for Zone 5 Residential Overlay Invitation #CC-1638 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void;otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 11th day of January 2022 R.J. NOBLE COMPANY (Principal) By X /��fi) _ (Seal) STET11 ME) OZA, SECRETARY Westem Surety Company ( ety) By — (Seal) Attorney-in-Fact Forth F6676 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ®,nar�oe wgsaaoon2aaAsaoaiFoasas uesEoe+� 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 n N_C,F On 01/12/2022 before me, 1. DEIONG14I. NOTARY PUBLIC , Dole Here Insert Name and Title of the Officer personally appeared Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/ate subscribed to the within instrument and acknowledged to me that he/s4e4hey executed the same in his/hefAheif authorized capacity(ies),and that by his/herl4ia r signature(&) on the instrument the person(s), or the entity upon behalf of which the person(Q 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. J.DEIC9G:a California WITNESS my hand and official seal. .t,a- O�ao e.aun;y ExPj,uct 2'.20-a F '$ Signature Place No:ory Seal ond/or Stomp Above 4gnature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudutent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee Cl Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: I roeQ eea�Hroww+868efoaooa0000000mreoaaoo� 02018 National Notary Association ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On A" 1d before me, Annette Lisa Romero, a Notary Public (insert name and title of the officer) personally appeared James Scott Salandi, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the person(s)whose name(&) is/aRx subscribed to the within instrument and acknowledged to me that he/sbrex" executed the same in his/her/t6rsir authorized capacity(ie*, and that by his/harAhair signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANNETTE LISA ROMERO ` WITNESS my hand and official seal. o COMM.#2244076 E NOTARY PUBLIC CALIFORNIA b ORANGE COUNTY o �I 6!F mm exp Fes May.26,2022It /r Signature i (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL,ATTORNEY-IN-FACT Know Aar Men By'rhase Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal once in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James Scott Salandi,LeonardLiminsky, David Jacobson,Individually of Irvinc,CA,its true and lawful Aucrncy(s}in-Fact with full power and authority hereby confined to sign,seal ad execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind it thereby as fully and to the some extent as if such instrummts were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pmsuent to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and exmnrd pursuant to and by authority of the By-Law printed an the reverse hereof,duly adopted,as indicated,by the sharrholders of the cor{rorztion. in Whom,Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vim President and its corporate seal to be hereto affixed on this 24th day of June,2021. +?prrr WESTERN SURETY COMPANY C e'nyVa9��°IF rr Q CA' nul T.BmflaL Vice President Stem of South Dakota l County oCMinnehaha J v On this 24th day of June,2021,before me personally cant Paul T.BruBat,tome(mown,who,being by me duly swam,did dcpuse and say that be resides in the City of Sioux Falls,State of South Dakota;that he is the Via President of WESTERN Sl1RElY COMPANY described in and which executed the above instrument;that he(mows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corpomnion and tom he signed his name thereto pursuant to like authority,and acknowledges same to be the am and dad of said corporation. My commission expires M.BENT March 2,2026 %�eJfO1fM°�es� M.Bat,Notary Public CERTIFICATE 1,L.Nelsom,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Aummy hercinabove set forth is still in force, and further certify that the By-Law of the corporation painted an the reverse hom a e Cis still in for . In testimony whereof I have hermto subscribed ta my me and affixed the seal of the said corporation this /IL-Pay of �/IL�,s�.�.� Zp'Ji� Q WESTERN SURETY COMPANY e f w L.Nrl, q Assistant Secretary Form F4180-7-2012 Go to www.cnasurety.caln>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant:to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,and Assistant Secretary,Treasurer,or any Vice President, or by sueb other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fan or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. w Z r PO W N Q C Z A > m Z n C 7� p N O < p 0 o Z O N O D p N r � N 0 m < Z m � r D O_ N = n C m a � 74 < z � Zo ° °Z - z -lo = C C Zm 9 Z Z ; c m C �mi W m Z Z � ocG) naNCf = MZ O m z No > 7o0m o00 m DN - N N a G) c m A 2 0 N N A i i City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ NvNvw.huntingtonbeachca.gov Fe;, : Office of the City Clerk ISORobin Estanislau, City Clerk March 22, 2022 RJ Noble Company Attn: Steven Mendoza 15505 E. Lincoln Ave. Orange, CA 92865 Re: Residential Overlay of Zone 5 — CC No. 1638 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincere y Robin Estanislau, CIVIC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand 2000 Main Street, Huntington Beach, CA 92648 City of Huntington Beach APNovED 7_0 File #: 22-051 MEETING DATE: 2/15/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager PREPARED BY: Sean Crumby, Director of Public Works Subject: Accept the lowest responsive and responsible bid, approve appropriation of funds and authorize execution of a construction contract with RJ Noble Company in the amount of $2,658,630 for the Zone 5 Overlay Project, CC-1638 Statement of Issue: On January 20, 2022, bids were publically opened for the Zone 5 Overlay project. City Council action is requested to award the construction contract to RJ Noble Company, the lowest responsive and responsible bidder. Financial Impact: The total cost of the project is $3,034,500. Funds for this project are available in the current fiscal year budget in the Gas Tax Account 20790059.82300 ($1,630,000), Water Fund Account 50685201.82100 ($150,000) and Sewer Fund Account 51185101.82600 ($100,000). Staff is requesting an appropriation from the undesignated Measure M fund balance of $1,154,500. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by RJ Noble Company in the amount of$2,658,630; and, B) Appropriate $1,154,500 from the undesignated Measure M fund balance to account 21390002.82300; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with an alternative action. City of Huntington Beach Page 1 of 2 Printed on 2/9/2022 File #: 22-051 MEETING DATE: 2/15/2022 Analysis: This project will rehabilitate the pavement for approximately 80 of the worst residential street segments in Maintenance Zone 5. Maintenance Zone 5 is bounded by Yorktown Avenue to the north, Beach Boulevard to the east, and Pacific Coast Highway to the south and west. Work will include limited localized pavement repairs, crack sealing, cold milling, striping, and an asphalt overlay. Bids were publicly opened on January 20, 2022, with the following results: BIDDER'S NAME BID AMOUNT RJ Noble Company S2,658,630.00 II American Asphalt 52,807,130.00 Hardy & Harper $3,119,000.00 Excel Paving $3.186,150.00 RJ Noble Company has provided acceptable experience on similar City projects in the past. Therefore, staff recommends awarding a contract to RJ Noble Company in the amount of 52,658,630. The total cost of the project is $3,034,500. This total includes the construction contract of $2,658,630 plus ten-percent (10%) construction contingency. In addition, supplemental expenses for labor compliance monitoring and project inspection are needed for this project. Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301(c) of the California Environmental Quality Act. Public Works Commission Action: The Public Works Commission reviewed and approved CC-1638 on November 17, 2021, with a vote of 5-0-1 (Commissioner Shepard absent). Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Vicinity Map City of Huntington Beach Page 2 of 2 Printed on 2/9/2022 aowerec7.2 Legistar- moo. 0 OAF Ll Lo BOLSA AVE. CO NTS H N McFADDEN `n AVE. Z U N ~ o EDIIN ER AVE. zl—< O J �� m ¢ HEIL AVE. O o WAR ER AVE. m W o Q < c) aSLATER AVE. 405 z 3Of o q N � z TAL ERT WE. is O ELLI AVE. GARFIELD u AVE. D] N 0 Nl H YOR OWN AVE. WADAISAVEE. A WUl 9C C QVE. _LVE. ofCl VE.LEGEND ZONE 5 BOUNDARY ZONE 5 RESIDENTIAL OVERLAY PROJECT PROJECT LOCATION MAP 'i. CITY OF HUNTINGTON BEACH IoLa DEPARTMENT OF PUBLIC WORKS t of i SECTION A fAdh /G� '/ialzz NOTICE INVITING ELECTRONIC BIDS for the construction of ZONE 5 RESIDENTIAL OVERLAY CC No. 1638 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 10:00 A.M. on THURSDAY, JANUARY, 20, 2022, on the City's PlanetBids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal website at: https://wuu.planetbids.corWportaUportal.cfin?CompanvlD=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at: https://www.r)lanetbids.com/p2rtal/pgrtal.cfin?CompanvlD=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California,the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 101/6 of the amount bid. For electronic submittal of bids, the bid security must be received at the City of Huntington Beach Public Works Office, 2000 Main Street, no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows: A-1 OFFICIAL BID SECURITY - DO NOT OPEN Project Name: ZONE 5 RESIDENTIAL OVERLAY CC #: 1638 Bid Opening Date: JANUARY 20, 2022 at 10:00 A.M. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A. at the time of the bid opening. The successful Contractorand his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: This project will rehabilitate approximately 80 residential streets in Maintenance Lone 5. Maintenance Zone 5 is located in the central-east area of the City and generally includes streets north of Pacif is Coast Flighway.. cast of Beach Blvd., and south of Yorktown Ave. Work will include limited localized pavement repairs. crack scaling, tapered edge milling, full width cold mill, and new asphalt overlay. Some streets will also have new pavement fabric installed prior to overlaying them with new asphalt. There are some constraints with paving coordination to provide parking access for the residents and to work around schools in sessions. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF f IUNfINGTON BEACH. CALIFORNIA. the 29th da_v of June 2020, by Resolution No. 2020-39. .Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 Switzer, Donna From: Switzer, Donna Sent: Tuesday, December 28, 2021 4:54 PM To: Christine Gonzalez Subject: RE: NIEB CC No. 1638 Thank you, Chrissyl DoruncL5wit3,er, CMC Senior Deputy City Clerk -City of Huntington Beach 2000 Main Street- Huntington Beach, CA 92648 (714)374-1649 From: Christine Gonzalez <cgonzales@scng.com> Sent:Tuesday, December 28, 2021 3:59 PM To: Switzer, Donna <Donna.5witzer@surfcity-hb.org> Cc: Fuentes, Joe<jfuentes@surfcity-hb.org>; Tanio, Chris<chris.tanio@surfcity-hb.org>; Esparza, Patty <PEsparza@surfcity-hb.org>; Moore, Tania <Tania.Moore@surfcity-hb.org> Subject: Re: NIEB CC No. 1638 Cost $1,224.00, pub 1/6, 1/13, HB Wave PLEASE NOTE Holiday Deadlines 2021 Publication Thursday Dec. 301h, 2021 Submission Deadline3pm, Wednesday Dec. 22nd. Approvals and changes loam,Thursday Dec. 23rd. Publication Thursday Jan. 6, 2021 Submission Deadline 3pm, Wednesday Dec. 29th. Approvals and changes loam, Thursday Dec. 30th. OC Register Legal Advertising Chrissv Gonzalez 1771 S. Lewis St. Anaheim. CA 92805 714-796-6736 t M-F 8:00 am. -4:30 p.m. Lunch 12 Noon to 1:00 p.m. Closed Sat. and Sun On Tue, Dec 28, 2021 at 12:11 PM Switzer, Donna <Donna.SwitzerAsurfcity-hb.org> wrote: Good afternoon, Chrissy: Please publish the attached Notice Inviting Electronic Bids for CC-]638, in The Wave, on January 6 and 13, 2022. Thank you, Don#Ut'Stu%tjer, CMC Senior Deputy City Clerk-City of Huntington Beach 2000 Main Street-Huntington Beach,CA 92648 (714)374-1649 2 Huntington Beach Wave 1771 S. Lewis Street Anaheim, CA 92805 714-796-2209 5190751 HUNTINGTON BEACH, CITY OF PROOF OF PUBLICATION CITY CLERK DEPARTMENT 2000 MAIN ST Legal No. 0011509934 HUNTINGTON BEACH, CA 92648-2763 SEdT16NA NOTICE INVITING ELECTRONIC BIDS for the construction of ZONE 5 RESIDENTIAL OVERLAY AFFIDAVIT OF PUBLICATION cc No.1638 STATE OF CALIFORNIA, in the SS. CITY OF HUNTINGTON BEACH TY OF County of Orange HUNTINGTONBLIC TICBEACH , s AGENCY, iE IS HEREBY nlvites elEN ectronic bids for the above stated Prolect and will receive such bids prior to 10:00 A.M. on THURSDAY, JANUARY, 20, 2022, on the City's Planet Bids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non. responsive. Prospective bidders must first register as a vendor and then I am a citizen of the United States and a resident of the bid on this project via the City's PlanetBids System vendor Portal webslte at: County aforesaid; I am over the age of eighteen years, and https://www,picnetbids.corn/portoVportal.cfm?ComponylD=15340 not a party to or interested in the above entitled matter. I copies of the bid documents, including Instructions to bidders, bidder am theprincipal clerk of the Huntington Beach Wave, a cprpppos91form,gndspeccificatinor�sm?ybedownto�de,�free at: g hitps."Ps onetbids.co par ol/portal.c m.CompanylD.15340. newspaper that has been adjudged to be a newspaper of Bidders must first register as a vendor on the City of Huntington Beach Planet Bids system to view and download the Contract Documents, to be general circulation by the Superior Court of the County of added to the prospective bidders list, and to receive addendum Orange, State of California, on July 1, 1998, Case No. notifications when issued. A-185906 in and for the City of Huntington Beach, County Any contract entered into pursuant to this notice will incorporate the provisions of the Stole Labor Code- Pursuant to the provisions of the of Orange, State of California; that the notice, of which the Labor Code of the State of California, the minimum Prevailing rote of per diem wages for each croft, classification or type of workman needed to annexed is a true printed copy, has been published in execute. the contract shall be Those determined by the Director of each regular and entire issue of said newspaper and not in Industrta Relations of the State of California, which are available online 9at www.r]ir.co.gov/DLSR and also on file at the Office of the Director of any supplement thereof on the following dates, to wit: Public works,2000 Main Street, Huntington Beach,CA 92648. The AGENCY will deduct 5%retention from all progress payments. The 01/06I2022, 01/13/2022 Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263- The Contractor shall be beneficial owner of the surely and Shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration I certify (or declare) under the penalty of perjury under the leading to the award of contract. laws of the State of California that the foregoing is true No bid shall be considered unless it is prepared on the approved Proposal and correct: forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. For electronic submittal of Executed at Anaheim, Orange County, California, on bids the bid security must be received at the City of Huntington Beach Date: January13, 2022. Public works office, 2000 Main Street, no later than The bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows: OFFICIAL BIDSECURITY•DO NOT OPEN Protect Name:ZONES RESIDENTIAL OVERLAY CC ie 1638 Bid Opening Date:JANUARY 20,2022 at 10:00 A.M. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's Signature License Class A ,at the time of the bid opening. The successful Contractor and his subcontractors will be required to Possess business licenses from the AGENCY. All extension of unit prices will be subiect to verification by the AGENCY. In case of a variation between the unit price and The extension, the unit price will govern. Proleci Description: This project will rehabilitate approximately 80 residential streets in _ _ .. _ . . . . .. Maintenance cone p. maintenance cone � Is IocoTeo In The cenTral-COST area of the City and generally Includes streets north of Pacific Coast Highway., east of Beach Blvd., and south of Yorktown Ave. Work will include limited localized pavement repairs, crack sealing, tapered edge milling, full width cold mill, and new asphalt overlay. Some streets will also have new pavement fabric installed prior t0 overlaying them with new aspho II. There are some constraints with paving coordination to provide parking access far the residents and to work around schools in sessions. All questions related to this bid solicitation must be submitted through the City's PlonetBids System Vendor Portal per the information provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlonetBids system. The AGENCY reserves the right To reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH,CALIFORNIA, the 29th day of June202Q by Resolution No.2020- Jg. Attest: _ _/Sr Robin Estanislau C ITY CLE R K OF THE GI TY OF HUNTINGTON BEACH Published Huntington Beach Wave Jan.b,13,2022 UNSUCCESSFUL BIDS CC — 1638 Residential Overlay of Zone S City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk !7,1999 Robin Estanislau, City Clerk May 16, 2022 All American Asphalt P.O. Box 2229 Corona, CA 92878-2229 RE: Zone 5 Residential Overlay—CC No. 1638 Enclosed please find your original bid bond for CC No. 1638. Sincerely, e&' dagj� Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of ZONE 5 RESIDENTIAL OVERLAY from PROJECT LIMITS CC No. 1638 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor,material,equipment and incident insurance necessary therefor,in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach,and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes, royalties, fees, etc.,and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid,find Bidder's Bond in the amount of 10% which said amount is not less than 10%of the aggregate of the total bid price,as required by the Notice Inviting Sealed Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature **N/A** C-2 SECTION C PROJECT BID SCHEDULE RESIDENTIAL OVERLAY MAINTENANCE ZONE 5 CC1638 0 Itegg� x Descrihofa ntity Un Quait Unit Gost Total Cost (Ext8n310n) 1 Mobilization including crack sealing 1 LS $86,700.00 $ 86,700.00 2 Prepare Storm Water Pollution Prevention Plan(SWPPP) 1 LS $1000.00 $ 1,000.00 3 Install&Maintain Construction BMPs 1 LS $11,000.00 $ 11,000.00 4 Construction Project Traffic Control 1 LS $90,000.00 $ 90,000.00 5 Tapered edge cold mill at 0.12'depth per Detail in Specifications including disposal 370,000 SF $ 0.15 $ 55,500.00 6 Cold mill full width of asphalt section at 0.12' depth 945,000 SF $ 0.20 $ 189,000.00 7 Fumish and Install Petromat per Specifications 1,200,000 SF $ 0.26 $ 312,000.00 8 Install 1 1/2" (0.12')Type III C3-PG-64-10-RAP Asphalt Concrete Overlay 21,500 TN $ 78.50 $ 1,687,750.00 Provide pavement removal with 2"(0.17')Cold Mill and 9 Installation of 2"(0.1T)Class B PG 70-10-RAP AC base course at various locations 45,000 SF $ 1.89 $ 85,050.00 10 Replace and adjust Water Valve Cover to grade 204 EA $ 660.00 $ 134,640.00 11 Adjust City Sewer Manhole to grade 91 EA $1,150.00 $ 104,650.00 12 Adjust Storm Drain manhole to grade 5 EA $620.00 $ 3,100.00 13 Adjust Utility Valve To Grade 10 EA $660.00 $ 6,600.00 14 Reinstall all existing Traffic Striping and Legends 1 LS $32,410.00 $ 32,410.00 15 Install Traffic Detection Loops 10 EA $ 398.00 $ 3,980.00 16 Provide Sewer Manhole Ring and Cover to replace any damaged Ring or Cover(Allowance) 5 EA $750.00 $ 3,750.00 TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE $ 2,807,130.00 TOTAL BID AMOUNT IN WORDS: Two Million Eight Hunderd Seven Thousand One Hundred Thirty Dollars Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension,the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater,and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar % of Item(s) Subcontractor License Registration# Amount Contract Number Superior Pavement Markings C32 1000001476 $32,410.00 0 14 776306 C31 1. /o 2 Cypress, CA California Professional A 15 Engineering 793907 C10 1000377609 $3,980.00 0.14% La Puente, CA C20 Portion Rubberized Carckfiller of Sealant, Inc 998877 C32 1000010726 $57,712.00 2 1 1 Fullerton, CA By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on I I[Atat California CA .Date City State Edward J. Carlson , being first duly sworn, deposes and says that he or she is Vice President of Ali American Asphalt the party making the foregoing bid that the bid is not made in the interest of,or on the 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, or 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 fee to any corporation,partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. All American Asphalt - Name of Bidder Signatu a of B14dder --- 400 East Sixth Street, Corona, CA, 92879 Address of Bidder C-4 2CALIFORNIA JURAT GOV CODE§ 8202 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 Riverside Subscribed and sworn to (or affirmed) before me on this 1201 day of January 2022. Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me aQysrt� Notary Public-California Y Riverside county (and Com issiat N 2ZW352 My Comm.Expires W 26,2022 (2) of Signer Proved t e on the basis of satisfactory evidence be t erson who appeared before me.) Signature Place Notary seat Above Signatu of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Noncollusion Affidavit 7Tomprhe-re Top of numb here Document Date: 1-12-2022 Number of Pages: 1 Signer(s)Other Than Named Above: None ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES . T9il-736-7WO F 951-739-4671 ALLAMERICAN W,Box 2229,CORONA,CA 92873 2229 CONT c RACTORs Uv4sE#267073 AC12 -ASPHALT DIP,#1000001051 AN E%JAL OPPORTUNITY EMPLOYER CORPORATE RESOLUTION Resolved, that this Corporation, All American Asphalt,on January 3,2022 authorizes Edward J. Carlson to execute contracts and agreements on behalf of the Company in the capacity of Vice President. L_' Michael Farkas" cretary UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the ZONE 5 RESIDENTIAL OVERLAY,(I)(we)(it)will employ and utilize only qualified persons, as hereinafter defined,to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700,as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved" The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned fiurther promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. All American Asphalt Contractor By Edward J. Carlson, Vice President Title Date: Jam.uo"y zt r,,72- C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified,removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes �(No If the answer is yes, explain the circumstances in the space provided. **N/A** Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. All American Asphalt Contractor By Edward J. Carlson, Vice President Title Date; drrt � y2L22 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: All American Asphalt - Corporation Bidder Name 400 East Sixth Street Business Address Corona CA 92879 City, State Zip 951 ) 736-7600 publicworks@aIlamericanasphalt.com Telephone Number Email Address 267073 Class A, C-12 State Contractor's License No. and Class 01/19/1971 Original Date Issued 01/31/2024 Expiration Date The work site was inspected by Jim McGee of our office on January 13 ,2022. The following are persons, firms, and corporations having a principal interest in this proposal: Edward J. Carlson Vice President Michael Farkas Secretary Mark Luer President The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. All American Asphalt Company Name w Signature o Bidde Edward J. Carlson, Vice President Printed or Typed Signature C-S CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached.and not the tnithfidness.accuracy,or validity of that document. State of California County of Riverside On January 12, 2022 before me, B. Royster,Notary Public Date Here insert name and rift of the o(ricer personally appeared Edward J. Carlson Name4w sit; who proved to me on the basis of satisfactory evidence to be the a.ROYTITR person(&) whose narne(s) islafe subscribed to the within instrument Notary Public•California and acknowledged to me that he/she4hey executed the same in Riverside County hisA;e4th& authorized capacity(ies), and that by his/her#kieir Commission 2264351 signature(s) on the instrument the person(&), or the entity upon behalf My Comm.Expixplress Oct 26,20�2 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 forgoing paragraph is true and correct. WITNESS m and a fficiai seal. Signature Place Notary Seat Above Sign Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bidder's Information- City of Huntington Beach Document Date: January 12, 2022 Number of Pages: 1 Signer(s)Other Than Named Above: None Capacity(lea)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: o Individual o Individual X Corporate Officer—Title(&): Vice President ❑Corporate Officer—Title(s): ❑Partner D c Limited o General in Partner❑ o Limited o Gen I o Attorney in Fact o Attorney in Fact ❑Trustee 7.M-1c here o Trustee Top of Mumb tore o Other: o Other: Signer is Representing: Signer is Representing: All American As halt NOTARY CERTIFICATE Subscribed and sworn to before me this_day of , 202_ . 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 ) County of ) On before Month,Day,and Year Insert Name and Title of Notary personally appeared Name(s)of Signer(s) Z7/ who proved to me on the basi of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within ins ent and acknowledged to me that he/she/they executed the same in his/her/their authorized apacity(ies),and that by his/her/their signature(s)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 State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public (PLACE NOTARY SEAL,ABOVE) C-9 I ONTCTO MMM STATE L CENSE B SE ACTIVE LICENSE qw ......267073 --CORP --.ALL AMERICAN ASPHALT .. A C12 �..01/31/2024 www,cslb.ca.aov Contractor Information Registration History Legal Entity Name Effective Date Expiration Date ALL AM ERICAN ASPHALT Legal Entity Type 5/11/2018 6/30/2019 Corporation Status 5/8/2017 6/30/2018 Active Registration Number 5/2/2016 6/30/2017 1000001051 Registration effective date 6/9/2015 6/30/2016 7/1/2020 Registration expiration date 8/25/2014 6/30/2015 6/30/2023 Mailing Address 7/1/2019 6/30/2020 PO BOX 2229 CORONA 92878 CA United States... Physical Address 7/1/2020 6/30/2023 400 E SIXTH ST CORONA 92879 CA United State... Email Address Trade Name/DBA License Number(s) CSLB:267073 CSLB:267073 Legal Entity Information Corporation Number: 057879 Federal Employment Identification Number: President Name: MARK LUER Vice President Name: EDWARD J CARLSON Treasurer Name: MICHAEL FARKAS Secretary Name: MICHAEL FARKAS CEO Name: Agent of Service Name: MICHAEL FARKAS Agent of Service Mailing Address: 400 E SIXTH ST CORONA 92879 CA United States of America Workers Compensation Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email Insured by Carrier Policy Holder Name:ALL AMERICAN ASPHALTInsurance Carrier: ZURICH AMERICAN INSURANCE COMPANYPolicy Number:WC593205701Inception date: 7/31/2019Expiration Date:8/30/2020 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Overlay Proiect of multiple residential streets."). Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1, County of Orange; 601 N Ross Street, 4th Floor, Santa Ana, CA 92701 Name and Address of Public Agency Albert Rodriguez Name and Telephone No. of Project Manager: Alber.Rodriguez@OCPW.ocgov.com $2,584,747.69 Pavement Maintenance 08/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: JOC Pavement Maintenance 2. City of Huntington Beach: 2000 Main Street, Huntington Beach, CA 92648 Name and Address of Public Agency Name and Telephone No. of Project Manager: Joe Fuentes: 714-536-5259 $5,181,955.00 Arterial Rehabilitation 11/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Arterial Rehabilitation of Graham St, Slater Ave, Newland Street and Atlanta Avenue 3, County of Venutra: 501 Poli Street, Ventura, CA 93001 Name and Address of Public Agency Name and Telephone No. of Project Manager: Christopher Solis; (805) 654-2054 $3,919,808.95 Resurfacing Project 12/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Yerba Buena Resurfacing Project ato Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager,and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. l Jim McGee Name of proposed Project Manager Telephone No. of proposed Project Manager: (951) 736-7600 Edinger Avenue&Atlanta Avenue Project#CC1565 Pavement Rehabilitation $2,392,858.55 7/16/2019 Project Name& Contract Amount Type of Work Date Completed Santa Ana Canyon Road Rehab Road Rehab $534,553.00 12/31/2019 Project Name& Contract Amount Type of Work Date Completed Citywide Overlay Street Improvements $1,131,621.00 Street Improvements 6/14/2020 Project Name& Contract Amount Type of Work Date Completed 2. Rick Selph Name of proposed Superintendent Telephone No. of proposed Superintendent: (951)736-7600 Firestone Blvd Street Improvements$1,648,493.00 Street Improvements 7/18/2020 Project Name & Contract Amount Type of Work Date Completed Prima Deschecha Land Fill 11/3/2019 $886,663.25 Paving&Grinding Project Name& Contract Amount Type of Work Date Completed Bristol Street&Edinger Avenue Class II Bike Lanes Street Improvements 12/26/2020 $607,839.99 Project Name& Contract Amount Type of Work Date Completed C-11 2020 PAST WORK REFERENCES City of Ontario 2020 Fall Pavement Rehabilitation Project 303 East B Street Contract Amount: $2,499,333.00 Ontario, CA 91764 Start Date: 07/2020 Contact: Ariana Kern (909) 395-2129 End Date: 12/2020 akerneontarioca.gov Pavement Rehabilitation—Barton Road City Loma Linda Contract Amount: $768,677.00 25541 Barton Road Start Date: 04/2020 Loma Linda, CA 92354 End Date: 12/2020 Contact: T. Jarb Thaipejr(909) 799-4400 jthaipeir(c�lomalinda-ca. ov City of Jurupa Valley Granite Hill Drive Pavement Rehabilitation 8920 Limonite Avenue Contract Amount: $999,777.00 Start Date: 04/2020 Jurupa Valley, CA 92509 End Date: 10/2020 Contact: Chase Keys (951) 332-6464 ckeys fturupavalley.org County of Orange JOC Pavement Maintenance 601 N. Ross Street, 4"' Floor Contract Amount: $2,584,747.69 Santa Ana, CA 92701 Start Date: 0712020End Date: 08/2020 Contact: Albert Rodriguez albert.rodriQuez -ocpw.ocaov.com City of Compton Annual Residential Street Rehabilitation— Phase 1 205 S.Willowbrook Avenue Contract Amount: $5,295,068.00 Compton, CA 90220 5/2020 Contact: Brittany Duhn (Z& K Consultants) End Date: 1 Start Date: 0 5/20 0 bduhne.zandkconsultants.com City of Huntington Beach Arterial Rehabilitation of Graham St, Slater 2000 Main Street Ave, Newland St and Atlanta Ave Huntington Beach, CA 92648 Contract Amount: $5,181,955.00 Contact: Joe Fuentes (714) 536-5259 Start Date: 05/2020 jfuentesCa�s urfcity-hb.orq End Date: 11/2020 2020 PAST WORK REFERENCES Civic Cameo Highlands Street Reconstruction City Newport Beach Contract Amount: $2,425,694.00 100 Cvic Center Drive Start Date: 07/2020 Newport Beach, CA 92660 End Time: 11/2020 Contact: Patricia Kharazmi (949) 644-3344 pkharazmiCa7newportbeachca.aov Citywide Overlay Street Improvements City of Westminster Contract Amount: $1,131,621 8200 Westminster Boulevard Start Date: 02/2020 Westminster, CA 92683 End Date: 06/2020 Contact: Theresa Tran (714) 548-3460 ttra n a-westm i n ste r.ca.a ov Final Paving of Pennsylvania Ave Crescenta Valley Water District Contract Amount: $82,620.00 2700 Foothill Boulevard Start Date: 02/2020 La Crescenta-Montrose, CA 91214 End Date: 0 2/20 0 Contact: Brook Yared (818) 236-4117 bvaredacvwd.com City of Alhambra 2020 HUD Street Improvements Project 111 S. 1st Street Contract Amount: $300,433.00 Alhambra, CA 91801 Start Date: 06/2020 Contact: Robert Bias(626) 580-5000 End Date: 10/2020 rbiasacityofal ham bra.org County of Ventura Yerba Buena Rd. (South) Pavement 800 S. Victoria Avenue, #1600 Resurfacing Ventura, CA 93009 Contract Amount: $2,298,467.40 Start Date: 03/2020 Contact: Matt Maechler(805) 477-1911 End Date: 0 3/20 0 matthew.maech ler(&ventura.ora City of Camarillo Earl Joseph Drive Paving 601 Carmen Drive Contract Amount: $681,901.50 Camarillo, CA 93010 Start Date: 06/2020 Contact: Thang Tran (805) 388-5345 End Date: 07/2020 ttranacitvofcamarillo.om 2020 PAST WORK REFERENCES City of Norco 2870 Clark Avenue Norco, CA 92860 FY 2019-2020 Slurry Seal Project Contact: Sam Nelson (951) 270-5607 Contract Amount: $147,708.97 snelson .ci.norco.ca.us Start Date: 06/2020 End Date: 1212020 City of Orange Annual Slurry Seal FY 19-20 Various 300 E. Chapman Avenue Locations Orange, CA 92886 Contract Amount: $377,737.78 Contact: Martin Varona (714) 744-5563 Start Date: 06/2020 mvarona0-)citvoforange.org End Date: 12/2020 2019 PAST WORK REFERENCES City of Simi Valley Simi Valley Minor Street Rehabilitation 2929 Tapo Canyon Rd. Contract Amount: $510,124.25 Simi Valley, CA 93063 Start Date: 07/2019 Contact: Sarah Sheshebor(805)583-6792 End Date: 08/2019 sshesheb(&sim ival ley.org County of Ventura Yerba Buena Area Resurfacing Project 501 Poli Street Contract Amount: $3,919,808.95 Ventura, CA 93001 Start Date: 06/2019 Contact: Christopher Solis (805) 654-2054 End Date: 12/2019 chris.solis(&ventura.org City of Stanton 2019 Citywide Street Resurfacing 7800 Katella Avenue Contract Amount: $1,206,869.00 Stanton, CA. 90680 Start Date: 10/2019 Contact: Guillermo Perez(714) 890-4204 End Date: 1212019 q perez(a)-ci.stanto n.ca.us City of Compton Road Repair Service(Pothole Repair) 205 S. Willowbrook Avenue Contract Amount: $1,019,100.00 Compton, CA. 90220 Start Date: 08/2019 Contact: John Strictland (310) 605-5505 End Date: 11/2019 6trictland comptoncity.orq City of San Clemente Street Rehabilitation for S. Avenue LA 910 Calle Negocio Esperanza San Clemente, CA. 92673 Contract Amount: $384,055.00 Contact: Darra Koger(949) 361-3138 Start Date: 09/2019 kogerD(a-)san-clemente.org End Date: 10/2019 City of South Gate Circle Park Driveway Project 8650 California Avenue Contract Amount: $268,576.00 South Gate, CA. 90280 Start Date: 06/2019 Contact: John Rico (323) 563-9594 End Date: 09/2019 jricoca2sogate.org 2019 PAST WORK REFERENCES Pardee Homes Railroad Canyon Widening 1250 Corona Pointe Court, Ste. 600 Contract Amount: $5,062,746.00 Corona, CA. 92879 Start Date: 11/2018 Contact: Nick Lasher(951) 428-4442 End Time: 08/2019 nick.lashe (opardeehomes.corn City of Fontana Citrus Avenue Improvements 8353 Sierra Avenue Contract Amount: $502,730.00 Fontana, CA. 92335 Start Date: 08/2018 Contact: Kimberly Young (909) 350-7632 End Date: 10/2019 kyouna fontana.or4 DR Horton Singlton Road 2280 Wardlow Circle Ste. 100 Contract Amount: $1,684,000.00 Corona, CA. 92880 Start Date: 0712018 Contact: Keith Alex (951) 830-5872 End Date: 12/2019 kalexa-drhorton.com Irvine Community Development Company Portola Springs PA-6 Enclave 5B Phase1, 2 550 Newport Center Dr. Ste. 550 B2 Contract Amount: $2,055,055.00 Newport Beach, CA. 92660 Start Date: 09/2018 Contact: Mike Morse (949) 720-2560 End Date: 12/2019 City of Downey FY 18/19 Slurry Seal Project 11111 Brookshire Avenue Contract Amount: $313,425.87 Downey, CA. 90241 Start Date: 06/2019 Contact: Desi Gutierrez, (562) 904-7110 End Date: 12/2019 dautierr(Wdowneyca.orQ 2019 PAST WORK REFERENCES City of Chino Slurry Seal Maintenance Work PO Box 667 Contract Amount: $372,805.00 Chino, CA. 91708 Start Date: 1/2019 Contact: Dustin Postovoit(909) 334-3415 End Date: 12/2019 apostovoit@.citvofchino.org City of Lancaster 2018 Pavement Management Program 44933 Fern Avenue Contract Amount: $2,720,103.65 Lancaster, CA. 93534 Start Date: 3/2019 Contact: Greg Wilson (661) 570-8003 End Date: 12/2019 gwilson _cityoflancasterca.org City of Colton FY 18-19 Asphalt Paving Project 650 N. La Cadena Dr. Contract Amount: $1,377,700.00 Colton, CA. 92324 Start Date: 3/2019 Contact:Victor Ortiz (909) 370-5099 End Date: 11/2019 vortiz .coltonca.gov City of Cathedral City Ortega Road Widening 68700 Ave Lalo Guerrero Contract Amount: $459,998.00 Cathedral City, CA. 92234 Start Date: 2/2019 Contact: John A. Corella (760) 770-0349 End Date: 12/2019 icorella .cathedralcity.gov City of San Clemente Arterial Street Pavement Maintenance 910 Calle Negocio Contract Amount: $1,187,187.00 San Clemente, CA. 92673 Start Date: 3/2019 Contact: Gary Voborsky(949) 361-6132 End Date: 7/2019 voborskygaa.san-clemente.org "2018" PAST WORK REFERENCES City of Moreno Valley Alessandro Blvd.Street Improvements at 14177 Frederick St. Chogall Court and Graham Street P.O. Box 88005 Contract Amount:$445,821.50 Moreno Valley,CA 92552 Start:05/2018 Contact:Henry Ngo, P.E., (951)413-3106 Complete:11/2018 henrvn@moval.ore City of Aliso Viejo Aliso Creek and Road Rehab 12 Journey Street Ste##100 Contract Amount:$657,770.00 Aliso Viejo,CA 92656 Start:05/2018 Contact: Mari Shakir, (949)425-2556 Complete:10/2018 Mshakir@citvofalisovieio.com City of Jurupa Valley Van Buren Blvd. Pavement Rehab.-PH2 8304 Limonite Avenue Suite M Contract Amount:$781,845.00 Jurupa Valley,CA 92509 Start:08/2018 Contact:Chase Keys,(951)332-6464 Complete:09/2018 ckevs@ourupavalley.org City of Irwindale rcornis@irwindaleCA.Rov 5050 N. Irwindale Avenue Irwindale 2017-2018 Resurfacing Project Irwindale,CA 91706 Contract Amount:$285,503.10 Contact: Richard Corpis, (626)430-2200 Start:07/2018 Complete:08/2018 "2018" PAST WORK REFERENCES County of Los Angeles Pine Canyon Road P.O. Box 7508 Contract Amount:$3,288,999.00 Alhambra, CA 91802 Start:06/2018 Contact:Hoda Hassan,(626)458-3144 Complete: 11/2018 HHASSAN @daw.lacountv.sov City of Rolling Hills Estates 2017-18 Street Resurfacing Project 4045 Palos Verdes Drive Contract Amount:$1,203,292.50 Rolling Hills Estates,CA 90274 Start:03/2018 Contact:Scott Gibson (909)210-0548 Finish:09/2018 saibson@hrareen.com City of Huntington Beach Heil and Main Street 2000 Main Street Contract Amount:$2,285,562.00 Huntington Beach,CA 92648 Start: 11/2017 Contact:Jim Escutia (714)536-5525 Finish:06/2018 jescutia@surfcity-hb.org City of Fontana Valley Blvd. Median Improvement Project 8353 Sierra Avenue Contract Amount:$164,715.00 Fontana,CA 92335 Start:03/2018 Contact:Jazmine Pena(909)350-6648 Finish:05/2018 ipena@fontana.ore 2018" PAST WORK REFERENCES City of Lake Forest Bake Parkway at Trabuco Road 25550 Commercentre Drive Contract Amount:$121,621.00 Lake Forest,CA 92630 Start:02/2018 Contact:Taylor Abernathy,(949)461-3490 Finish:06/2018 tabernathv@ lakeforestca.gov City of La Quinta FY 16-17 Phase 2 Desert Club 74-495 Calle Tampico Contract amount:$697,474.76 La Quinta,CA 92253 Start date:06/2017 Contact: Ubaldo Ayon Jr.,(760)777-7051 Finish date 12/2017 uavon@la-guinta.org City of Canyon Lake Slurry Seal FY 2017-2018 Railroad Canyon/ 31516 Railroad Canyon Road Canyon Lake Drive Canyon Lake,CA 92587 Contract amount:$263,241.63 Contact:Kenneth Bailey,(951)244-2955 Start date:03/2018 kennethbailev@caaprofessionals.com Finish date: 12/2018 City of Newport Beach West Coast Highway Landscape Improvements, 100 Civic Center Drive Phase 1,Contract No.7189-1 Newport Beach,CA 92660 Contract amount:$604,284.50 Contact:Alfred Castanon, (949)644-3314 Start date:06/2018 Finish date: 11/2019 ACastanon newportbeachca.sov "2018" PAST WORK REFERENCES Town of Apple Valley Navajo Road Rehabilitation 14955 Dale Evans Parkway Contract amount:$849,182.00 Apple Valley,CA 92307 Start date:07/2017 Contact: Rich Berger, (760)240-7000 ext 7530 Finish date: 12/2017 rbereer@aaalevallev.ors City of Indian Wells Cook Street Rubberized Pavement Overlay 44-950 Eldorado Drive Contract amount:$599,599.59 Indian Wells,CA 92210 Start date:05/2018 Contact: Ken A.Seumalo, P.E., (760)346-2489, Finish date: 12/2018 kseumalo@lndianWells.com CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)),passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July I through June 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. D1R FACT SHEET on SB 854 http://www.dit.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action—displayP WCRegistrationForm DIR's Contractor Registration searchable database: https:Hefili,ng.dir.ca.gov/PWCRJSearcb.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. All American Asphalt Contractor By publicworks@allamericanasphalt.com allamericanasphalt.cam Email Edward J. Carlson, Vice President Tide Date: Z� L - PWC Registration#: 1000001051 C-12 u Fidelity and Deposit Company of Maryland 94 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO.085 97 423 as Principal,(hereinafter called the"Principal"),and FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,a corporation duly organized under the laws of the State of Illinois ,as Surety,(hereinafter called the"Surety"),are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,(hereinafter called the"Obligee"),in the sum of Ten Percent of Total Amount Bid---- Dollars($ 10%of Bid ),for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors,administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for ZONE 5 RESIDENTIAL OVERLAY Bid Date:January 20,2022 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter into such contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 10th day of January A.D., 2022 ALL AMERICAN ASPHALT _ — Principal Witness rSI;AL) 1' `t r 1 -e..( FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By Q-160�2Q01111C.-P Rebecca Haas-Bates Atwrnee>7 = q , BM70000790701 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the stncument to which this certificate is attached.and not the tnithfulness,accnracv.or validity of that document. State of California County of Riverside On January 12 2022 before me, B. Royster,Notary Public Date Here Insert name and Us of the Of w personally appeared Edward J. Carlson and Michael Farkas Name(s)of S s. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that be/sheAhey executed the same in r a ROYSiER hit A w Aheir authorized capacity(ies), and that by hi~heir Notary Pubik•California # RWersideCounty I signature(s)on the instrument the person(s),or the entity upon behalf Cofn+ttissfon a 2260352 - of which the person(s)acted,executed the instrument. .•- �Comm.Expires Oct_26,2ti22 I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the forgoing paragraph is true and correct. WITNESSqmyhd and cial seal. Signature Place Notary Seat Above Sigatufy Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond —City of Huntington Beach Document Date: January 10,2022 Number of Pages: 3 Signer(s)Other Than Named Above: Rebecca Haas-Bates, Attorney-in-Fact Capacity(ies)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: Michael Farkas o Individual ❑Individual X Corporate Officer—Title(s): Vice President X Corporate Officer—Title(s): Secretary o Partner G o Limited o General } o Partner 0 o Limited o General n Attorney in Fact c Attorney in Fact a Trustee rop of thumb here Trustee Top of thus b here ci Other: o Other: Signer is Representing: Signer is Representing: All American Asphalt All American Asphalt r r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On 01/10,/2022 before me, Liliana Gomez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name(*of Signerrsl who proved to me on the basis of satisfactory evidence to be the persona} whose name(6*is/a*e subscribed to the within instrument and acknowledged to me that ha/she/thay executed the same in Rts/her/their authorized capacity(},and that by hWher/thiair signature4on the instrument the person(*, or the entity upon behalf of which the person(a),acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph .�.s.a.su.,u.�u.. is true and correct. y nosy'coMEZ WITNESS my hand and official seal. ` �W* Notarr Pu#�lit-Cal; rj; ` 5 Commission N 22�tsio3 325 - My Comm.Expires May 2C,2022 .�`slgnattlre Signature df Notary Pubfi Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 01`10/2022 Number of Pages: One 1 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies)Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: a Corporate Officer — Title(s): 0 Corporate Officer — Title(s): O Partner — 0 Limited r;General ❑Partner— tO Limited El General iI Individual 2Attorney in Fact ❑Individual D Attorney in Fact n Trustee J Guardian or Conservator O Trustee 0 Guardian or Conservator C Other: ❑ Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland 02014 National Notary Association -www,NabonaiNotary.org- 1-800-US NOTARY(1-800-876-6827) Item#5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attomevs-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings,or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and 1 do further certify that Article V,Section 8,of the By- Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this loth da„of January 2022' /ft®r; ==t SrALv By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.rcl2ortsfclaimsO,zurichna.com 800-626-4577 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California,EACH,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws ofsaid Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 1 lth day of June,A.D.2019. %'ti it's Et+81 "�` SAL 4? i�tr�♦ o ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Tice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this I Ith day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companim to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year fuss above written. CL �„r;��•,_:� Constance A.Dunn,Notary Public nni,it..tom My Commission Expires:July 9,2023 4nutu�`' D Fidelity and Deposit Company of Maryland BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO. 085 97 423 as Principal,(hereinafter called the"Principal"),and FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,a corporation duly organized under the laws of the State of Illinois ,as Surety,(hereinafter called the"Surety"),are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,(hereinafter called the"Obligee"),in the sum of Ten Percent of Total Amount Bid----- Dollars($ 10% of Bid ),for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for ZONE 5 RESIDENTIAL OVERLAY Bid Date:January 20, 2022 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 10th day of January A D., 2022 ALL AMERICAN ASPHALT Principal +I� Witness ��-� ,(SEAL) r L ka-e ( -teLo'<e' sE Uze fn->�/ C t U3 c <c.i CCl 13�''► v p ( FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By 12a�Q L�ld._Q4LCP (SEAL) Rebecca Haas-Bates Altomev-in-.Tact BID7000OZZ070I f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the tnithfiilness. accuracv,or validity of that document. State of California County of Riverside On January 12 2022 before me, B. Royster,Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson and Michael Farkas Name(s)of Signer s 7 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 #e/sbe/they executed the same in � B.ROYSTER #is/heF/their authorized capacity(ies), and that by #is/#er/their rW f Notary public California signature(s) on the instrument the person(s), or the entity upon behalf Riverside County u Commission s 2260352 of which the person(s)acted,executed the instrument. My Comm.Expires Oct 26,2022 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my 4hd 4and fficial seal. il� Signature Place Notary Seal Above Signatu f Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond —City of Huntington Beach Document Date: January 10, 2022 Number of Pages: 3 Signer(s)Other Than Named Above: Rebecca Haas-Bates, Attorney-in-Fact Capacity(ies)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: Michael Farkas ❑ Individual ❑ Individual X Corporate Officer—Title(s): Vice President X Corporate Officer—Title(s): Secretary ❑ Partner ❑ ❑ Limited ❑General RIGHT ❑ Partner ❑ ❑ Limited ❑General RIGHT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF:SIGNER ❑Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: All American Asphalt All American Asphalt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On 01/10/2022 before me, Liliana Gomez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name(*of Signer?* who proved to me on the basis of satisfactory evidence to be the persons} whose name(b. is/afe subscribed to the within instrument and acknowledged to me that he/she/they[ executed the same in Rfs/her/theis authorized capacity,and that by his(her/their signatury 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. rL0, LILIANAGOMEZ r WITNESS my hand and official seal. Notary Public-California Orange County a Aix Commission k 2243326 My Comm.Expires Ma 20 2022 " Signature y , l Signature of Notary Publi Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 01/10/2022 Number of Pages: One 1 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual PAttorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Fidclity and Deposit Company of Maryland ©2014 National Notary Association-www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8, of the By- Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsindle or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 10th j:pt of January 2022 to SISAL AO By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims E zurichna.com 800-626-4577 r i N N N 00 00 ON ^� .9 w U Q S a R Z o H > ¢ �-i= Lij W O „ Z I— 1W4 � U r v .S ti cl: N o r w a Q c x O N I— Z p O �j �l r O w cv , Z o o W a I 0 In z � � z Q - -- - - oc O u.i f W uj Q 4 Q z m z Q V M w W l0 LL V O a v m j City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov fFBI),1909,p°` Office of the City Clerk / Robin Estanislau, City Clerk May 16, 2022 Palp Inc. dba Excel Paving Company 2230 Lemon Ave. Long Beach, CA 90806 RE: Zone 5 Residential Overlay— CC No. 1638 Enclosed please find your original bid bond for CC No. 1638. Sincerely, 9� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand SECTION C PROPOSAL for the construction of ZONE 5 RESIDENTIAL OVERLAY from PROJECT LIMITS CC No. 1638 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor,material, equipment and incident insurance necessary therefor,in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starring from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. "TIEN PERCENT OF AWUN i BID" Accompanying this proposal of bid,find t D 18tyki in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for % ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE RESIDENTIAL OVERLAY MAINTENANCE ZONE 5 CC1638 Itemq.: Description uan ity Uidt ` Tait Cost Total Coat No. - 1 Mobilization including crack sealing 1 LS $ 298000.00 $ 298000.00 2 Prepare Storm Water Pollution Prevention Plan(SWPPP) 1 LS $ 2400.00 $ 2400.00 3 Install&Maintain Construction BMPs 1 LS $ 9000.00 $ 9000.00 4 Construction Project Traffic Control 1 LS $ 113000.00 $ 113000.00 5 Tapered edge cold mill at 0.12'depth per Detail in 0.12 44400.00 Specifications including disposal 370,000 SF $- $ 6 Cold mill full width of asphalt section at 0.12' depth 945,000 SF $ 0.22 $ 207900.00 7 Furnish and Install Petromat per Specifications 1,200,000 SF $ 026 $ 312000.00 8 Install 1 1/2" (0.12')Type III C3-PG-64-10-RAP Asphalt 83.00 1784500.00 Concrete Overlay 21,500 TN $ $ Provide pavement removal with 2"(0.17')Cold Mill and 9 Installation of 2"(0.1 T)Class B PG 70-10-RAP AC base 2.00 90000.00 course at various locations 45,000 SF $ $ 10 Replace and adjust Water Valve Cover to grade 204 EA $ 800.00 $ 163200.00 11 Adjust City Sewer Manhole to grade 91 EA $ 1200.00 $ 109200.00 12 Adjust Storm Drain manhole to grade 5 EA $ 750.00 $ 3750.00 13 Adjust Utility Valve To Grade 10 EA $ 400.00 $ 4000.00 14 Reinstall all existing Traffic Striping and Legends 1 LS $ 37000.00 $ 37000.00 15 Install Traffic Detection Loops 10 EA $ 380.00 $ 3800.00 16 Provide Sewer Manhole Ring and Cover to replace any 800.00 4000.00 damaged Ring or Cover(Allowance) 5 EA $ $ TOTAL BID AMOUNT(BASIS OF AWARD)-SCHEDULE $ 3,186,150.00 TOTAL BID AMOUNT IN WORDS: THREE MILLION ONE HUNDRED EIGHTY SIX THOUSAND ONE HUNDRED FIFTY AND 0/100 Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid _ Name and Address of _...........m .._.._Stateµ_. .Class DIR mm � PWC Dollar % of Items) Subcontractor License Registration# Amount Contract Number 5,6,9 Cold Plane 267073 A/C12 1000001051 $256700 8% All American Asphalt PO Box 2229 Corona,CA 92878 1 Crackfill 1051374 C12/C8 1000064823 $64950 2% Pavement Rehab Company 1181 Princess Ct Costa Mesa,CA 92626 15 Electrical Loops 614518 C10 1000001610 $3800 0.1% Smithson Electric,Inc. 1938 E Katella Ave Orange,CA 92867 11 Sewer Lining 774055 A/C31/ 1000008879 $36400 1% Sancon Technologies,Inc. C10/13 5841 Engineer Dr Huntington Beach,CA 92649 14 Striping 374600 A/C13/ 1000000306 $36797 1% Chrisp Company C32 2280 South Lilac Ave Bloomington,CA 92316 7 AC Fabric 267073 A 1000001051 $312000 10% All American Asphalt PO Box 2229 Corona,CA 92878 By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on at LONG BEACH , CALSFOit :A , Bate City State Curtis P. Brown Itl , being fiCeW-#Q)31R0Ai, deposes and says that he or she is President. of EXCEL PALING COMPANY the party making the foregoing bid that the bid is not made in the interest of,or on the 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, or 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 fee to any corporation,partnership, company association, organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. PALP, INC DSA EXCEL PAVING COMPANY Name of Bidder Curtis P. Brown Ilf President gnature of Bidder 2230 LEMON AVE I ONG REACH,CA 90906 Address of Bidder C-4 3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document'to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } i County of Los Angeles } On JAN 18 22 before me, R. Covington, Notary Public , ere insert name a wed mega personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s)whose 3 name(s) is/axe subscribed to the within instrument and acknowledged to me that he/scbcW%hW executed the same in his/Nroftotir authorized capacity(ies), and that by his/hemlbur signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ki R.COVINGTON WITNESS m hand and official seal. N �, COMM.#2339692 to y 0: ^°as. Notary Public-California U. LOS ANGELES COUNTY a My Comm Expires Dec 8, 1124 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s)personally appeared which (Title or desedplan of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e, helslicAhey—is lsae)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. X( Co orate Officer • The notary seal impression must be clear and photographically reproducible. President Impression must not cover text or lines.If seal impression smudges,re-seal if a t? sufficient area permits,otherwise complete a different acknowledgment form. s • Signature of the notary public must match the signature on file with the office of ❑ Partner ( ) the county clerk ❑ Attorney-in-Fact 4 Additional infmmation is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document, 0 Indicate title or type of attached document,number of pages and date. p Other +s Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary), 2015 Version www.NotaryClesses,com 800-873-9865 • Securely attach this document to the signed document with a staple. UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the ZONE 5 RESIDENTIAL OVERLAY,(I)(we)(it)will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. PALP,INC 0$A EXCEL PAVING COMPANY Contractor B Curtis P. Brown III President Title Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete,under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes dNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. PALP, IN10 OBA GXCEI:PAVING COMPANY Contractor /'a� 00-- By Curtis P. Brown III President Title Date: 21079 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name PAL-.P, INC ©BA EXCEL PAVING 22-10 LE�40N AVE Business Address LONG BEACH, CA 90806 City, State Zip 562)599-5841 e50ma Telephone Number STATE LIC#688659 Email Address A C12 C31 State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by S (710o l of our office on 12021, The following are persons, firms, and corporations having a principal interest in this proposal: tXr,FLPA ZING COMPANY David A.Arukker Vice President and Chief Financial Officer Crissa A.Phillips Asst.Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PALP INC OBA EXCEL PAVING COMPANY Company Name ----�-~emu Si re of Bidder Curtis P. Brown III President Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this_day of JAN I R 2972 ,202_. 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 QAL#1f ' > ) County of Los Angeles ) On JAN 18 2022 before me, it?J1 Month,Day, and Year InserrName and Title of Notary personally appeared Curtis P. Brown III Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ WITNESS my hand and official seal. .COMM,M,#2cTON y � ,. 3ss69a -w Notary Public-California a LOS ANGELEa COUNTY Qf­.•,' My Comm.Expires Dec A.2024 Signature Signature of Notary PUP ic (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe speck work and experience necessary for project. For example, "Overlay Project of multiple residential streets.111. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: SEE A7TgCHED 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project.Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. l• �bt3, � �� � Name of proposed Project Manager Telephone No. of proposed Project Manager: 562599-5841 W Project Name& Contract Amount Type of Work Date Completed �l0 StUk �!C"C Project Name& Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed 2. Name of of proposed Superintendent Telephone No. of proposed Superintendent: 562)599-5841 Project Name& Contract Amount Type of Work Date Completed 6to ,t� pt nity L4 �,rytu- 1w, -"t { use Project Name&Contract Amount Type of Work Date Completed k.A. l Project Name&Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/Public Works/SB 854FactShect-6.30.14.pdf DIR's Contractor Registration Link—Call(844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServiet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https:Hefiling.dir.ca.gov/PWCR/Scarch.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. PALP. INC DBA EXCEL PAINING COMPANY Contractor srs-- B Curtis P. Brown III President Email Curtis P. Brown III President BAN 18 2022 Title Date: PWC Registration#: 100000$�3 4 C-12 V' c0 1:_ 0��I�j0 ai cn M:W M :C1 pNIM prp<��NO){pp�M m�ii� C7:�17'2 as O S �I S -.. �! 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O E o"t�" 1O 5 3 ci c }c3 m y;t c � F-!� c Ems.L�:a W N.mF- � oa�m .cn.'4 Gmla' = rlam fi LL z� � zmao'y >y:u�i � c�cg! wcSc�iW,d` .o ¢,cnaG¢rn¢`3'c�::91milc��nn9 in M o 'Jgs : o ` illno tg M p u�, Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No.A310(February, 1970 Edition) KNOW ALL DIEM BY THESE PRESENTS,that we PALP Inc.dba Excel Paving Company as Principal hereinafter called the Principal,and Federal Insurance Company a corporation duly organized under the laws ofthe state of Indiana as Surety, hereinafter called the Suety, are held and firmly bound Unto City of Huntington Beach as Obligm,herernaftcr Called the Obligee,in the Win Of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,Jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Zone 5 Residential Overlay CC 1638 NOW,UMRF,FORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terns of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material finished in the prosecution ttreog or in the event of the failure of the Principal to ender such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hcicof between the amount specificd in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be mill and void,otherwise to remain in full force and effect. Signed and sealed this 4th day of January , 2022 r, PALP Inc.dba Excel Paving Company P1 (Seal) Witom MARCIA S. MILLER, CORP. SECRETARY By: rls P. Brown III, President Nam&TWe Federal Insurance Company Surety (Seal) Witness BY: Douglaso.Rapp Attorney-inFact ORSC 21328(5/97) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On January 4, 2022 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp , who proved to me on the basis of satisfactory evidence to be the person(-•)whose name(-)is/em subscribed to the within instrument and acknowledged to me that he%heAhey executed the same in hisAm*hew authorized capacity(ies), and that by his#h iM%-ir signature(s)on the instrument the person(4), 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 m hand and official seal. s�;°,`T�F DEBRA SWANSON y N Jr COMM. #2335630 X =� o NOTARY PUBLIC•CAUFORNIA N ,Y r ORANGE COUNTY N 1 °Sv nP MY COMM,EXP.NOV 10,2124 Signature LPL, (Seal) CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents,that FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations ofthe Commonwealth of Pennsylvania, do each hereby constitute andappoint Douglas A.Rapp and Timothy D.Rapp of Ladera Ranch,California------------------------------------------------------------ each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification oralteration of any instrument referred to in said bonds orobligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 5A day ofApril,2 021. ` 6 /� � d-t—� Dx,:n }L Chlorca`.;1c ivant Sciretary Stephen M.Ilancy.Vice President .�... �. •e.... .� STATE OF NEW JERSEY County of Hunterdon SS. On this 5m day of April,2021 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney,being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal 4 ,ARYL KAThiERINE J.ADELAAR NOTARY PUBLIC OF NEW JERSEY 9 No.2316685 -pIIBLI Commission Expires July 16.2024 Noiary Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: 'RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into in the ordinary course ofbusiness(each a"Written Commitment': (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalfofthe Company,under the seal ofthe Company or otherwise. (2) Each duly appointed attorney-in-fact ofthe Company is hereby authorized to execute any Written Commitment for and on behalfofthe Company,under the seal ofthe Company or otherwise, to the extent that such action is authorized bythe grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalfofthe Company,to appoint in writing any person the attorney-in- fact of the Company with full power and authority to execute,for and on behalfofthe Company,under the seal ofthe Company or otherwise,such Written Commitments ofthe Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer ofthe Companythe authorityto execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments ofthe Companyas are specified in such written delegation,which specification may be by general type or class of Written Commitments or byspecificationofoneor more particular Written Commitments. (S) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal ofthe Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to bean exclusive statement ofthe powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." 1,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies')do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors ofthe Companies are true,correct and in full force and effect, (if) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this January 4,2022 Ri:n %I.Chlorin.A,-,sistcrnI 14,cTctar? IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone 906 903-3493 Fax 908 903-3656 e-mail:stimty@chubb.com Combined:FED-VIG-R-WRC-AAIC(rev.11-19) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles On JAN 17 2022 before me, Myisha Monique Riven , Notary Public, (Here insert name and title of the officer) personally appeared Curtis P. Brown III and Marcia S. Miller who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)X/are subscribed to the within instrument and acknowledged to me that 1#spe/they executed the same in l$s/h#/their authorized capacity(ies), and that by h),*/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MYISHA MONIQUE RIVEN WITNESS my hand and official seal. COMM.#2377053 LL � Notary Public-Califomia LOS ANGELES COUNTY a My Comm.Expires Sep 30,2025 Signature of No Public , (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/dwy;-is/ere)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). LLL • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service,Inc.-All Rights Reserved www.TheProLink.com-Nationwide Notary Service is C O 0 a J � Us w > ��/i -20 -1 -7 9 ,;,Z J City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov rFB �7,1909 P� Office of the City Clerk Robin Estanislau, City Clerk May 16, 2022 Hardy & Harper, Inc. 32 Rancho Circle Lake Forest, CA 92630 RE: Zone 5 Residential Overlay—CC No. 1638 Enclosed please find your original bid bond for CC-1638. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the construction of ZONE 5 RESIDENTIAL OVERLAY CC No. 1638 in the CITY OF HUNTINGTON BEACH • J 2000 MAIN STREET HUNTINGTON BEACH,CALIFORNIA 92648 (714)536-5431 BIDS ELECTRONICALLY DUE: JANUARY,20,2022 at 10:00 A.M. NO LATER THAN SPECIFIED TIME SEAN CRUMBY, DIRECTOR DEPARTMENT OF PUBLIC WORKS SECTION C PROPOSAL for the construction of ZONE 5 RESIDENTIAL OVERLAY from PROJECT LIMITS CC No. 1638 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor, material,equipment and incident insurance necessary therefor,in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid,find Bidder's Bond in the amount of 10% which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for10% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 j SECTION C PROJECT BID SCHEDULE RESIDENTIAL OVERLAY MAINTENANCE ZONE 5 CC1638 WAWWMIM 1 Mobilization inciuding track sealing 1 LS $11jo qyi $ p, 2 Prepare Storm Water Pollution Prevention Plan(SWPPP) 1 LS $ $ 3 Install&Maintain Construction BMPs 1 LS $ $ 1/,C 25 4 Construction Project Traffic Control 1 LS $15S 431 $15Y 4 3 7 5 'tapered edge cold mill at 0.12'depth per Detail in Specifications including disposal 370,000 SF 6 Colo mill full width of asphatt section at 0.12` depth 945,000 SF S. 0 1 $ 7 Furnish and Install Petromat per Specifications 1,200,000 SF $ $ N4, GO Install 1 I (0.12')Type III C3-PG-64-10-RAP Asphalt e Concrete Overlay 21,500 TN $ 0 $ 1241.500 Provide pavement removal with 2"(0.17')Cold Mill and 9 Installation of 2"(0.174)Class B PG 70-10-RAP AC base , course at various locations 45,000 SF $ .4 3 $ 1. 10 Replace and adjust Water Valve Cover to grade 204 EA !4) $ ,�61 11 Adjust City Sewer Manhole to grade 91 EA $114 X $ 1/3 S 12 Adjust Storm Drain manhole to grade 5 EA $ 13 Adjust utility Valve To Grade 10 EA $Lf, ' $v 7 i 0 14 Reinstall all existing Traffic Striping and Legends 1 Ls $J L? $ c.)0_ 15 Install Traffic Detection Loops 10 EA $16 Gi $ 3,qo l 16 Provide Sewer Manhole Ring and Cover to replace any damaged Ring or Cover(Allowance) 5 EA $k,2Lg $ 3 TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE $ 3 1 /,J, Lf' 'o•00 TOTAL BID AMOUNT IN WORDS: i Ilia e: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension,the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. i C-z.t t LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10.000. whichever is greater,and the portion of the work to be done by such subcontractor. Bid Nance and Address of State Ctass DIR PWC Dollar %of Item(s) Subcontractor License Registration#: Amount Contract Number {/;�J ^a0 W' Sr✓'W da(ky/"'d� $.,'4 � tX! d � VAI,4VC,e f r 4Y J'Pi L� C1arsi i } By submission of this proposal, the Bidder certifies. 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds Furnished by subcontractor for this project. C-3 i i i NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 1/12/2022 ,at Forest Date City Slate Michael Murray being first duly sworn, deposes and says that he or she is Vice Preside nt of liardy & Harper, Inc- the party making the foregoing bid that the bid is riot made in the interest of.or on the 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, cornmunication, or conference with anyone to fix the bid price, or 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 fee to any corporation, partnership, company association, organization. bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. Hardy &Harper. Inc. Name of Bidder Signature" idder Mic I Murray Vice President/11 X/ 32 Ranch Ci :1aik/e/F"orest, CA 92630 Address of Bidder C4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ZONE 5 RESIDENTIAL OVERLAY,(1)(we)(it)will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is_ 7miliar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Hardy& Harper, Inc. Contractor By Michael Ty1jjrray.4i�C/,/ePresidcnt Title Date: January 12. 2022 C-5 ...................................................___............ DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? CI Yes ® No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake sell' insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Hardv& Harper, Inc. Contractor By Michael Murray. ' resident Title Date: januaiy 12,2022 C-7 ...................................................... ........................................... ..................................... BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Hardy& Harper,Inc. Bidder Name 32 Rancho Circle Business Address Lake Forest, CA 92630 City, State Zip ( 714 )444-1851 mmurray Lithardyandhan2er.co Telephone Number Email Address .215952 / A. C-8 &C12 State Contractor's License No. and Class 3/13/1963 Orieinal Date Issued 12/31/2023 Expiration Date The work site was inspected by Mike Amundson Of Our office on January 19 . 202 2, The following are persons, firms,and corporations having a principal interest in this proposal: Hardy & Harper, Inc. Daniel T. Maas- President Michael Murray- Vice President Tanner Hambright -Vice President Kristen S. Paulino- Corporate Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise. to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Hardy& Harper, Inc. Company Name Signature of Bidder Michael Murray, Vice President 0L Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this 12day of January 2022. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of California County of Orange On January 12, 2022 before me, Morgan E. Ricrson Month, Day, and Year Insert Name and Title of Notary personally appeared Michael Murray Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea]. MORGAN E.RIEZON Notary Public-California Orange County Commission#2377551 *My Comm,Wires Oct 5,2025 Signature Sidiature'vNotary Public (PLACE NOTARY SEAL ABOVE) t1- C-9 ..................................... Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Overlay Project of multiple residential streets."I. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. Please see attached Past Project References Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. l. Megan Manlove Name of proposed Project Manager Telephone No, of proposed Project Manager: 714-444-1851 Please see attached Past Project References Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name& Contract Amount Type of Work Date Completed 2. Dennis Beyle Name of proposed Superintendent Telephone No. of proposed Superintendent: 714-444-1851 Please see attached Past Pro,Lct References Project Name& Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-11 2017-2021 PAST PROJECT REFERENCES OWNER/AGENCY CONTACT PROJECT NAME,AMOUNT,&COMPLETION DATE City of Loma Linda Jarb Thaipejr Pavement Rehab.on Barton Rd,Bryn Mawr&Orange Grove 25541 Barton Road (909)799-2800 Contract Amount:$800,000.00 Loma Linda,CA 92354 ithai eir r lomalinda-ca ov Completion Date:November 2021 City of Norco Sam Nelson Sixth Street Widening 2870 Clark Avenue (951)270-5607 Contract Amount:$785,000.00 Norco CA 92860 snelsonna ci.norco.ca.us Completion Date:September 2021 City of Anaheim Raul Garcia East Street Street Improvements 200 S.Anaheim Blvd (714)765-5176 Contract Amount:$654,000.00 Anaheim CA 92805 rgarcial(@anaheim.net Completion Date:August 2021 County of San Bernardino Joseph Schweitzer Institution Road 825 East 3rd Street (909)531-031 l Contract Amount:S411,000.00 San Bernardino CA 92415 ose h.shweitzer d w.sbcount . ov Completion Date:July 2021 City of San Clemente Tonya Bigney Major Street Maintenance-FV 2021 910 Calle Negocio (949)361-61 l9 Contract Amount:$470,429.01 San Clemente CA 92673 bi net san-clemente.or Completion Date:June 2021 City of Irwindale Luis Pimentel 2020-2021 Resurfacing Project 5050 N.Irwindale Avenue (626)430-2259 Contract Amount:S544,311.93 Irwindale CA 91706 1 imentel(a)irwindaleca. ov Completion Date:Mav 2021 City of Brea Steve Kooyman Imperial Highway/Berry St.Intersection Improvements 1 Civic Center Circle (530)318-1066 Contract Amount:$579,648.80 Brea,CA 92821 skoo man(a)i terwestgrp.com Com Iction Date:May 2021 City of Colton Jess Sotto FV 20-21 Asphalt Paving Project 650 N.La Cadena Drive (909)370-5551 Contract Amount:$2,695,493.64 Colton CA 92324 sotto coltonca. ov Completion Date:May 2021 City of Burbank Adam Salehi 2020 Street Improvement Project 301 E.Olive Avenue (818)238-3946 Contract Amount:S1,253,099,98 Burbank CA 91502 Com letion Date:April 2021 Riverside County Trans.Dept. Herbert D.Lima Camino Aventurn Resurfacing Project 3525 14th Street (951)955-6779 Contract Amount:$266,209.90 Riverside CA 92501 hlimaerivco.or_g Completion Date:A ri12021 City of Jurupa Valley Desiree Flores 2020-2021 Pavement Rehabilitation 8930 Limonite Avenue (951)332-6464 Contract Amount:$427,863.00 Juru a Valley CA 92509 dfloresa'uru avalle .or Completion Date:March 2021 City of Downey Desi Gutierrez 3rd Street Pavement Rehabilitation Project 1 I I I I Brookshire Avenue (562)904-7110 Contract Amount:S338,159.19 Downey,CA 90241 d tierr a down ca.or Com letion Date:March 2021 City of Pasadena Tony An Preventative Maintenance Services 100 N.Garfield Avenue (626)744-7403 Contract Amount:$2,424,216.00 Pasadena CA 91101 tan cit•of asadena.net Completion Date:April 2019 City of Downey Edwin Norris CIP No.18-02 Residential Street Rehab.Project I l I i l-Brookshire Avenue (562)904-7110 Contract Amount:S 1,808,000.00 Downey,CA 90241 enorris down ca.or Completion Date:March 2019 City of Westminster Marwan N. Youssef Citywide Residential Street Improvements 8200 Westminster Blvd (714)548-3460 Contract Amount:$1,452,000.00 Westminster.CA 92683 ve ohnson.awesminster-ca. ov Completion Date:February 2019 City of San Jacinto Kristy 2018 Downtown Pavement Rehabilitation 595 S.San Jacinto Avenue (951)654-3592 Contract Amount:$1,818,000.00 San Jacinto CA 92583 kristy trilakeconsultants.com Completion Date:January 2019 2017-2021 PAST PROJECT REFERENCES OWNER/AGENCY CONTACT PROJECT NAME,AMOUNT,&COMPLETION DATE City of Cypress Community Center Parking Lot Seal Coat Project 223 5275 Orange Avenue Public Works Contract Amount:$75,827.00 Cypress.CA 90630 (714)224-6740 Completion Date:December 2018 City of Lancaster Luis Garibay 2018 Sidewalk,Curb&Gutter Repairs 44933 Fern Avenue (661)723-6110 Contract Amount:S 1,976,000.00 Lancaster CA 93534 lgaribay(c@cityoflancaster.or Completion Date: December 2018 City of Diamond Bar Jason Williams Residential&Collector Road Rehabilitation Project 21810 Copley Drive (909)839-7050 Contract Amount:$1,551,000.00 Diamond Bar CA 91765 6williamsni diamondbarca. ov Completion Date:December 2018 City of Tustin Mario Medina FY 2017-18 Roadway Rehab.&Sidewalk Repair 300 Centennial Way (949)394-8955 Contract Amount:S1,575,125.00 Tustin CA 92780 mmedina tustinca.or Completion Date:October 2018 City of Fountain Valley Fatana Temory Resurface&Rehab.of Euclid St from Slater to Warner 10200 Slater Avenue (714)5934433 Contract Amount:$1,077,000.00 Fountain Valley,CA 92708 fatana.temoryAfountainvalley.org Completion Date:September 2018 City of Pomona Public Works Major Street Improvements 505 South Garey Avenue (909)620-2261 Contract Amount:$3,839,000.00 Pomona CA 91766 wen ineerin ci. omona.ca.us Com letion Date:-August 2018 City of Rancho Palos Verdes Ron Dragon Residential Street Rehabilitation Project 30940 Hawthorn Blvd (310)544-5252 Contract Amount:$2,227,000,00 Rancho Palos Verdes CA 90275 kwolek a lch.ca. ov Completion Date:May 2018 City of Covina Chris Marcarello Grand Ave.Street Rehabilitation No.STPL-5118(020) 125 E.College Street (626)384-5490 Contract Amount:$3,030,000.00 Covina CA 91723 w cbcovinaca. ov Com letion Date:MaV 2018 City of Lancaster Luis Garibay 2017 Pavement Management Program 17-003 44933 Fern Avenue (661)723-6110 Contract Amount:$2,727,000.00 Lancaster CA 93534 lgaribay(a),cityoflancaster.org Completion Date:April 2019 City of Dana Point Matthew Sinacori Arterial Roadway Resurface&Pavement Preservation 33282 Golden Lantern (949)248-3500 Contract Amount:$3,993,000.00 Dana Point CA 92629 tnsinacori a dan oint.or Completion Date:January 2018 City of Inglewood Hunter Nguyen Streets and Alleys Rehabilitation Project 1 Manchester Blvd (310)412-5333 Contract Amount:$2,639,330.06 Inglewood, CA 90301 hhunter cit ofin lewood.or Completion Date:November 2017 City of Ontario Miguel Sotomayor ATP Cycle I Safe Routes to School Sidewalk Improvements 303 East B Street (909)395-2108 Contract Amount:S824,850.88 Ontario CA 91764 msotoma or ontarioca. ov Com letion Date:October 2017 City of Pasadena Tony An Preventative Maintenance of Streets 2016 100 N.Garfield Avenue (626)744-7403 Contract Amout:$945,932.59 Pasadena,CA 91101 tanQcitvof asadena.net Completion Date:August 2017 City of Irvine Brian Brown Yale Ave Rehabilitation Irvine Center Drive No.17-1160 1 Civic Center Plaza (949)724-6000 Contract Amount:$2.453,343.83 Irvine CA 92623 bbrown a citvofirvine.ore Com letion Date:July 2017 City of Highland John Egan West Highland Bikeways Infrastructure&Pavement Imp. 27215 Baseline Road (909)890-1255 Contract Amount:2,678,788.77 Highland,CA 92346 e an crerscinc.com Completion Date:July 2017 City of Laguna Hills Public Works Arterial Pavement Management Project 24025 El Toro Road (949)707-2650 Contract Amount:$1,375,406.90 Laguna Hills CA 92653 Com letion Date:June 2017 City of Signal Hill Anthony Caraveo Willow Street Improvement Project 2175 Cherry Avenue (562)989-7352 Contract Amount:$922,100.43 Signal Hill CA 90755 lacaraveoorcitvofsignalhill.org lCompletion Date:June 2017 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing 'Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July I through June 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://yvw-w.dir.ca.gov/DLSUPublisWorks/SB854FactSliect_6.30.14.pdf DIR's Contractor Registration Link Call (844) 522-6734 https:!reftIing.dir.ca.gov/PWCR/ActionSmlet*?action=dispIayPWCRe,,istrationForm DIR's Contractor Registration searchable database: https:=/'efiling.dir.ca.gov/PWCRr`Search.action I am aware and will comply with the provisions of Labor Code Section 1771.I(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Cade, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of thissection for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor. as well as for ALL subcontractors at the time of submittinL the bid. Hardy & Harper, Inc. Contractor By mmurra C,har ndharper.com Email Michael Murray,rice President Title Date: January 12,2022 PWC Registration #: 1000000076 C-12 Bid Bond Bid Bond Number CSBA-19581 CONTRACTOR- SUtm_.- (%ame,legal statas and addirrs) (Vi;—,1,%al-milms and pwapalplace of #siness) I larch,&Harper,Inc. Fidelity and Deposit Comrany of,NIAryland 32 Rancho Circle South Figueroa Street,Suite 3900 Lake Forest,CA 92630 Leas.ingeles,(:A 9()()1'7 OWNER- This document has important legal (_Nawe,legal stator and address) consequences.Consultation with City of I luricington Beach An attorney is encouraged with respect to 2060 Main Street its completion or modification. Huntington Beach,CA 92648 Any singular reference to Contractor,Surety,Owner or other Party shall be considered Plural where,applicable- BOND AMOUNT: Ten Percent(10q'0)of Amount Bid PROJECT:Zone 5 Rcsidcritial Overlay CC No. 1638 Project Number,if anv: The Contractor and Surety are bound to the Owner in the amount set forth above,far the payment of which the Contractor and Surety, bind themselves,their heirs,executors,administrators,successors and a-,,si;ns,,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractoruithin the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either 11i enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bond,as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another Party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives anv notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid:%Vaiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the agg egate !r beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor ihaU obtain the Surety's consent for an extension beyond sixty(60,'day". If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shaU be deemed to be Contractor. 1Xlien this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Projecr,any provision in this Bond conflicting with said statutory or legal requirtment.,W be deemed deleted here from and provisions confo-*g to such statutory or other leg al requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 126,day of lartUaa.2022 I lardy&I lamer.Inc. (Title)t-11C{ V _ 4YN Fidelin-Ind Dero,,ir Cc nv of Manland �� ����4��.: 't�'`�.�"ar�f s.� � (47itnesx) Melissa Ann Vaccaro (Title)Dwight Reilly_Morey-in-Fact By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers(NASBP)6MMy.nasbp.org)makes this form document available to its members,affiliates,and associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A310-2010,Bid Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of Its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. ...........-........... ............­­...................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On January 17.2022 before me, Morgan E. Rierson.Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Murray Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(IS) is/am subscribed to the within instrument and acknowledged to me that helswthey executed the same in his/her/their authorized capacity(iet),and that by his/her/their signature(s)on the instrument the person(}, or the entity upon behalf of which the person(a)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. � MORGAN E.RI£RSON �_ notary Public-California - .- '" orange County Signature ! .n Commission#2377551 S nat� tart'Public "'' My Comm.Expires Oct 5,2025 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Michael Murray Signer's Name: Z Corporate Officer — Title(s): virt.PrPciri,-nt �Corporate Officer — Title(s); Partner — ❑Limited ❑General Partner — u Limited L General E Individual �Attomey in Fact E Individual Attorney in fact l Trustee 0 Guardian or Conservator iJ Trustee Guardian or Conservator Other: L Other: Signer Is Representing: Signer is Representing: Hardy&Harper, Inc. 02014 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 1/1212022 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. EMELISSA ANN VACCARO WITNESS my hand and official seal. COMM.#2241394 m amy Notary Public-California � ORANGE COUNTY r Comm.Expires May 12,2022 Si nature 1 �, -�-VY-00'ccopc) Seal gt ) Melissa Ann Vaccaro Bond No.CSBA-19581 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank MORONES, Ben STONG, Michael D. STONG and R.NAPPI,all of Orange,California,EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8, of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 15th day of January,A.D.2020. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By:Robert D.Murray Vice President By:Dawn E.Brown Secretary State of Maryland County of Baltimore On this 15th day of January,A.D.2020,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.Murray,Vice President and Dawn E. Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn,Note Public Y Notary '.°4 rY.tom: My Commission Expires:July 9,2023 it%r�lltin` EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8.,Attonicvs-in-Fact.The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances,stipulations. undertakings, or other like instruments on behalf of the Company. and may authorize any officer or any such attorney-in-fact to affix the corporate seat thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Secretary of the ZURIC14 AMERICAN INSURANCE COMPANY. the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate:and I do further certify that Article V,Section 8,of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the I Sth day of December 1998. RESOLVED:"That the signature of the President or a Vice President and the attesting signature or a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding an theCompany." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL ANIERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May. 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May,1990, RESOLVED:"That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary. or Assistant Secretary of the Company. whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 12th day of January . 2022 i — lot SEA -00 By: Brian M_Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOURCONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.ritpgrtsfelaim.,,,uzurichna.coni 800-626-4577 i MINUTES OF THE SPECIAL MEETING OF HARDY&HARPER,INC. A special meeting of the directors of HARDY &HARPER, INC. was held at the principal office of the corporation, on January LA 2021, at 11:00 a.m, pursuant to the call made by the Secretary and written notice waived by the directors by signing these minutes. Pursuant to the provisions and bylaws, DANIEL MAAS as Chief Financial Officer and KRISTEN PAULINO,as Secretary of the Corporation,presided over the meeting. The purpose of the meeting was to nominate and elect two Vice-Presidents of the Company. Present at the meeting were all of the Directors of the Corporation: DANIEL MAAS KRISTEN S.PAULINO i TESSA MAAS . DANIEL MAAS was re-elected President and Chief Executive Officer, KRISTEN I PAULINO was re-elected Secretary, TANNER HAMBRIGHT was elected Vice-President of Strategic Development, and as Vice-President he is hereby authorized to sign contracts on behalf of the corporation. MICHAEL MURRAY was elected Vice-President/Operations Manager for the corporation with authority to sign contracts on behalf of the corporation and authorized to sign checking and bank accounts on behalf of the corporation where the corporation has established bank and checking accounts. i There being no further business it was moved second and carried that the meeting be I adjourned. DATED: January _,202 j DANIEL.MAAS,Director/President is TEN P INO,Director/Secretary SSA MAA- ,Director I i I i I i I i i TCTORS dC� STATE LICNSE BOARD j ACTIVE LICENSE ..215952 --,CORP HARDY & HARPER INC A C-8 C12 E.....o..12131/2023 www.csit 11/9/21,11:51 AM Registrations State of California Department of Industrial Relations (http :/ Contractor Information Registration History Legal Entity Name Effective Date Expiration Date HARDY&HARPER,INC. 06/15/18 06/30/19 Legal Entity Type Corporation 05/09/17 06/30/18 Status 06/08/16 06/30/17 Active Number Back to DIR>> (https://www.dir.ca.gov/) Registration06/19/15 06/30/16 1000000076 Registration effective date 07/02/14 06/30/15 07/01/21 Registration expiration date 07/01/19 06/30/20 06/30/22 07/01/20 06/30/21 Mailing Address 32 Rancho Circle Lake Forest 92630 CA United Stat... 07/01/21 06/30/22 Physical Address 32 Rancho Circle Lake Forest 92630 CA United Stat... Email Address cicamen@hardyandharpercom Trade Name/DBA License Number(s) CSLB:215952 CSL8:215952 Legal Entity Information Corporation Entity Number: C0443071 Federal Employment Identification Number: 952251022 President Name: Daniel T Maas Vice President Name: MICHAEL MURRAY Treasurer Name: Secretary Name: KRISTEN S PAULINO CEO Name: DANIEL T MAAS A92my for Service: Agent of Service Name: DANIEL T MAAS Agent of Service Mailing Address: 32 Rancho Circle Lake Forest 92630 CA United States of America Worker's Compensation Do you lease employees through Professional Employer Organization(PEO)?: No Please provide your current worker's compensation insurance information below: PEO PEO PEO PEOlnformationName Phone Email Insured by Carrier Policy Holder Name: HARDY&HARPER,INC. Insurance Carrier: FEDERAL INSURANCE COMPANY Policy Number: 54310019 https://cadir.secure.force.com/ContractorSea rch/registrationSearchOetads?id=al Rt0000003rikvFAA 1/2 Bid Bond Bid Bond Number:CSBA-19581 CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) Hardy&Harper,Inc. Fidelity and Deposit Company of Maryland 32 Rancho Circle 777 South Figueroa Street,Suite 3900 Lake Forest,CA 92630 Los Angeles,CA 90017 OWNER: This document has important legal (Name,legal status and address) consequences.Consultation with City of Huntington Beach An attorney is encouraged with respect to 2000 Main Street its completion or modification. Huntington Beach,CA 92648 Any singular reference to Contractor,Surety,Owner or other parry shall be considered Plural where applicable. BOND AMOUNT: Ten Percent(109/6)of Amount Bid PROJECT:Zone 5 Residential Overlay CC No. 1638 Project Number,if any: The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60),days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractors bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforn�g to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall b construed as a statutory bond and not as a common law bond. / Signed and sealed this 121h day of Tanuary_2022 Hardy&Harper.Inc. (Principal) 1) (lY/itnes M y�N C,Q50A/ (Title)M/U/-0 Vl _ /�i fN76—NT Fideli nd Deposit Co anv of Ma land itness) Melissa Ann Vaccazo (Title)Dwight Reilly,Attorney-in-Fact By arrangement with the American Institute of Architects, the National Association of Surety Bond a Producers(NASBP)(www.nasbp.o ) makes this form document available to its members,affiliates,and associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that e the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On January 17. 2022 before me, Morgan E. Rierson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Murray Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name(w) is/aYe subscribed to the within instrument and acknowledged to me that he/sXe/they executed the same in his/1-ter/their authorized capacity(iat),and that by his/her/their signature( on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MORGAN E.RIERSON Notary Public-California Orange County Signature­//� Commission#2377551 ' tary Public o> My Comm.Expires Oct 5,2025 Snatuf Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Michael Murray Signer's Name: ❑✓ Corporate Officer — Title(s): vine Praciriant ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy&Harper Inc. 02014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 1/12/2022 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .E•`°'* MELISSA ANN VACCARO WITNESS my hand and official seal. '' " COMM.#2241394 N �. Notary Public-California a � - ORANGE COUNTY ` 1 My Comm.Expires May 12,2022 �'�,y�CC Seal Signature � �c, `''� (Seal) Melissa Ann Vaccaro 'Bond No.CSBA-19581 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank MORONES, Ben STONG, Michael D. STONG and R.NAPPI,all of Orange,California,EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AM[ERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 15th day of January,A.D.2020. „y I�NS& a'�y,►?r-*.�.y,G _ *p Ocrprr N31+1C1�, o -- SIrAL 4'Mw»+"� e'O it141 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By:Robert D.Murray Vice President By:Dawn E.Brown Secretary State of Maryland County of Baltimore On this 15th day of January,A.D.2020,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. a;}3`.•',..�°� Constance A.Dunn,Notary Public , NaXi My Commission Expires:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attomevs-in-Fact.The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V, Section 8,of the By- Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED:"That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May,1990. RESOLVED:"That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 12th day of January 12022 if"°' SF 3 tnx o lGoa By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaimsPa,zurichna.com 800-626-4577 H � o z C, Uoo ° �, Q M O tiCL o bw r _ .a n r� � GU v a q� v d Q rs u U N Q °bm Oy d " :3 o Z O 0 w3 CE � a Uc ox