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HomeMy WebLinkAboutNobest, Inc. - 2022-03-11 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR SEWER LATERAL INSTALLATION & CURB, GUTTER, SIDEWALK REMOVAL AND REPLACEMENT 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 called "City." and Nobest. Inc., a California Corporation, hereinafter referred to as "Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of sewer lateral installation & curb, gutter, sidewalk removal and replacement. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW, THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "Project." Contractor hereby designates Larry Nodland, who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. Cit• Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 22-10898/275120 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit"B" The total sum to be expended under this Agreement, shall not exceed One Million One Hundred Forty Three Thousand Three Hundred Dollars($1,143,300.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. C. Contractor shall be paid pursuant to the terms of Exhibit 'B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence fiUreA /1„'ZoOr as soon as practicable after the execution of this Agreement by City (the"Commencement Date") and terminate in three years, unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional one-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. S. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A,"Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans, Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations,computer code, language, date or programs, maps, memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 22-10898/275120 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless Cite, its officers. elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, 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 willful misconduct of the City. 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. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et 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 similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance. including motor vehicle coverage covering the ProjecUService. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following 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 form which includes a designated general aggregate limit, 22-10898/275120 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars (51,000,000) for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liabilih' Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liabilitv in an amount not less than One Million Dollars (S 1,000,000.00) per occurrence and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "Cite of Huntington Beach, its officers, elected or crppoAued officials, entploi�ees. agents crud volunteers" as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, "deductible" or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise that such policy shall not be suspended; voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 22-10898/275120 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as 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 deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict o1 Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified tinder this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event. Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director may require Contractor to deliver to the City all work product completed as of'such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Pavment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof. shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 22-10898/275120 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Emnlovees 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 applicable provisions of the California Government Code. 18. Notices Any notices. certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent (as designated in Section I hereinabove) or to City as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses below. 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, a reputable overnight carrier or U.S. certified U.S. certified mail-return receipt requested: To City: Contractor: City of 1-luntington Beach Nobest, Inc- Attn: Chris Davis Attn: Larry Nodland 2000 Main Street 7600 Acacia Avenue Huntington Beach, CA 92648 Garden Grove, CA 92841 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 22-108981275120 6 21. Section Headings The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe. or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement 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 of this 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 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any 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 hereb}' affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. 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 deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of'the United States Code regarding employment verification. 25. Legal Sen•ices Subcontracting Prohibited 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 C'uy Charter Section 309, the City Attorney is the exclusive legal counsel for City; 22-10898/275120 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting, training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this. Contractor agrees, at the request of the City, to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27. Discrimination Contractor shall not discriminate because of race, color, creed, religion, sex. marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction — Venue This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance; and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County. California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall. through the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22-10898/275120 8 30. Attornev's Fees 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 party shall not be entitled to recover its attorneys fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of' the State of California. 33. Signatories Each undersigned represents and warrants that its signature hercinbelow 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 injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) 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 acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty, tact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 22-10898/275120 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a NOBEST, INC. municipal corporation of the State of Calif is By Mayor �i Mitt name ITS: (circle one) Chairm residen QQ�a�u J Vice President City Clerk 3/q�22a� AND By: Z--4 ;�-. INITIATED AND VED: P a� ITS: (circle on ecre ref Financial Officer/Asst. Secre -Treasurer Director of Publi orks APPROVED A FORM: City Attorney VIEWED A D APPROVED: ity Manag 22-10898275120 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of'work to be performed) Sewer lateral installation and curb, gutter and sidewalk removal and replacement B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Outlined in attachment C. CITY'S DUTIES AND RESPONSIBILITIES: 1. City will make payments on a timely basis 2. City will provide access to work site. D. WORK PROGRAM/PROJECT SCHEDULE: Word to commence upon notification from the City and be performed in a timely manner. Sudn<t Exhibit A SECTION C PROPOSAL FOR TEE CONSTRUCTION OF SEWER LATERAL INSTALLATION & CURB, GUTTER, SIDEWALK REMOVAL AND REPLACEMENT AT VARIOUS LOCATIONS CITYWIDE IN AN ON-CALL AS NEEDED BASIS (3-YR. CONTRACT) IN THE CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTLNGTON 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 Deputy Director of Public Works Utilities 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. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Exhibits, 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 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-l Bidder shall signify receipt of all Addenda here, if any: Addendum Na Date Received Bidder's Signature C-2 BID PROPOSAL SEWER LATERAL INSTALLATION AND _ CURB, GUTTER, SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS CITYWIDE IN AN ON-CALL AS NEEDED BASIS FOR A THREE YEAR TERM UNIT OLIWT1TY' UNIT PRICE AMOUNT Syr e I REMOVE PARKWAY TREE A ID GR11D STIA.IP I. 38 •Ia 3 t 4Cb, i "..PROVIDE 4ND?LPM NEW PARMNAY TREE PER CITY STD 714 EA 36 1/ S 1 3a, 4" n Q 3 REMOVE 6 REPLACE a PCC SIDEWALI(PER CITY STD.207 SF I.. //• d 07 (,V-x 4 REMOVE 6 REPLACE 6'PCC CURS 6 GU TER PER CITY STD.202 LF 3780 '0/1Y7. fly- 5 REMOVE 6 REPLACE 9'PCC RESIDENTIAL DRIVEWAY PER CITY STD.209_ SF ( 5400 -PROVIDE AND INSTALL SEWER CLEAMOUT PER CfTY STANDARD PLAN Waal I EA IN TOTAL 810 AMOUNT TOTAL BID AMOUNT WRITTEN IN WORDS / One A31'en 0nt yunlrtal fvfty- lk-ge I'houfama %h/!e 11&A 7r '-T1m pogrmn is Nor a THREE 13)YEAR o'rmje*r eal sower daarml,a os�.vll n,mmovN aria rapMamra of o a,b and gr er ed sleavalk Me,possble resiclarctal drn oys and true mao al and mplaeomas.All work b Ud"tlbposal W nmowd matwol offsdo one raata of edp t t,kterwurwss dhtMbod wirg mreo�<tlon to an In kid or better"to Wan oompetmn of vrork al aoc sae. For bdaFg puposes,11 a aNkApated Ilet 0e wxcesa.'M bKNW wil be called Won on a aesteey basis to oppod+®taly SEVEN(7)silo,at.arum bcallom 0edQt ri City to a6oc1 de shore npova.O.erdlb,s kt 0a bid lam abeYe reflect the total ostktmtad RrmrMM for tte> TWEE(3)yea perud. MJ and as cosy for .bJzMcm Vathc c Land wte re,torayon stvll be kddM In pe ad prkas bid fa df,rrlorn W aerts. C-3 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 510,000, 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 ltem(s) Subcontractor License Reglstraflon d Amount Contract Number V& -eervile 1 Po. ��r 3290 6Sy,06 CZ-7 io rv36 ldz, q } 6�Q rw�, Ce Q,28a s !(4 f0 GaM Sc a0q '� IS1 Bus dSr. $06«1 C-a7 /DX=96 �3sad 11. gee Foutt t A,� Valli !a 4zag By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform at least 50% of the total work and 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 furnished by subcontractor for this project. C4 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 W-f5 U at Date Ciry State (�4 & Ida being fast duly sworn, deposes and says that he or she is _ L 5,- a of 111abC5+ Srtr. 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. NdlPsf- Tau. Name of Bidder Sign a tdder Address of Bidder G��areK G�o� e C�, �2�yi C-5 Eic or other officer completing this rifies only the identity of the individual he document to which this certificate nd not the truthfulness, accuracy, or t document. State of Califomia County of aY\ Subscribed and sworn to (or affirmed) before me on t is S day of 0 Q(2 e> 20�, by Lan uJ O a proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Aunika K.Hugo COtpA+n5376o uor'ArYatq! / NY LONM f7.P�)/IJIS (Seal) Signatur UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCH. 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 SEWER LATERAL INSTALLATION & CURB, GUTTER, SIDEWALK REMOVAL AND REPLACEMENT AT VARIOUS LOCATIONS CITYWIDE IN AN ON-CALL AS NEEDED BASIS, (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. N,4e5 7- .rhc. Contractor By Title Date: S- C-6 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 R(No If the answer is yes, explain the circumstances in the space provided. . .- gz1)4 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Cade, 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 w211 comply with such provisions before commencing the performance of the work of this contract. Nebe,5�- SKr, Contractor B nazc TJv» r`'��5 Pre Spot P , t Title Date: C-s BIDDER'S L 1FORMATION BIDDER certifies that the following information is true and correct: Bidder Name 76&1 &4c4 Ave. Busines Address rra/ Pe 6 /ove C4 92B�r1 City, State Zip (7/y ) g92 s! g3 k'ry (V Oe4e n�f Telephone Number Email Address 3sg622 fj State Contractor's License No. and Class q- 7 !; Ori6nal Date Issued ?-3/ - aa Expiration Date The work site was inspected by 141,key l WP'S of our office on 2024. The following are /Vogll/persons, firms, and corporations having a principal interest in this proposal: tahel PrloS/ eat, RobPr,� N'0d1011al o- SPcle+4� 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. NObeS-f T7r7�. Company Name I� Signatur e t,41/' Lln Printed or Typed Signature C-4 NOTARY CERTIFICATE Subscribed and sworn to before me this IS day of Otr—b4el, 202 i . 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. Stateof County of tln ' ) On . `Un P t/ (S UZ k before me, AkA n i�M Month, Day, and Year Insert Name and Title o otary personally appeared ---,OL1-r V1A 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]. �7 C unika K. HU90 rorCAAR y a)( ss2� Coo, P e0t1NTy �1^ XWREg 0R21123 Signature ignaturc of Nc#ry Public (PLACE NOTARY SEAL ABOVE) Ct0 BUDDER'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, "Installation of Sewer Cleanouts and/or Removal and Reconstruction of Curb, Gutter, Sidewalk"l. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below arc the names, address, and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. See Q l'rLFc1PW 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-ll NOBEST INCORPORATED REFERENCE LIST Page l No. 1 Project Name/Number: Concrete Replacement Progzam Project Description: Remove & Replace Curb & Gutter, Sidewalk, Drivewav, and Ramp Approximate Construction Dates: From: 3/2018 To: 8/2018 Agency Name: City of Newport Beach Contact Person: Mike Sinacori Telephone: (949) 644-3342 Original Contract Amount: $784,000 Final Contract Amount: $ 855,000 No. 2 Project Name/Number: Heil Avenue & Indianapolis Street rehabilitation Project Description: Remove& Replace Curb &Gutter, Sidewalks, Driveways and Cross Gutter Approximate Construction Dates: From: 7/2018 To: 1/2019 Agency Name: City of Huntington Beach Contact Person: John P. Telephone: (714) 536-5431 Original Contract Amount: $476,832 Final Contract Amount: $ 539,000 NOBEST REFERENCE LIST Page 2 No. 3 Project Name/Number. Annual Concrete Maintenance Program Project Description: R& R Concrete Sidewalks.Curb&Gutter. Drive Approaches, and Curb Ramps Approximate Construction Dates: From: 2/2013 To: Present Agency Name: City of Huntington Beach Contact Person: Dereck Livermore Telephone: (714) 960-8861 Original Contract Amount: $500.000 Final Contract Amount: $ In Progress_ No. 4 Project Name/Number. Replacement of Alley, ADA Ramps & Sidewalk Project Description: Remove& Replace Sidewalks. Alley Pavement Curb Ramps. and Curb & Gutter Approximate Construction Dates: From: 8/2019 To: 9/2019 Agency Name: City of Los Alamitos Contact Person: Dave Hunt Telephone: (714) 296-5836 Original Contract Amount: $121,050 Final Contract Amount: $ 123,000 NOBEST REFERENCE LIST Page 3 No. 5 Project Name/Number: CIP Proiect Phase 5 Residential Street Rehabilitation Project Description: Remove& Replace Sidewalk,Curb Ramos. Curb& Gurter. and Cross Gutter Approximate Construction Dates: From: 7/2019 To: Present Agency Name: City of La Mirada Contact Person: Eric Villa>;arcia Telephone: (562) 902-2373 Original Contract Amount: S 1.734,839 Final Contract Amount: $ In Progress No. 6 Project Name/Number: Street Preservations Local Citywide Project Description: Remove and Replace Sidewalk. Curb&Gutter. Driveways Curb Ramps and Alleys Approximate Construction Dates: From: 10/2018 To: 1/2019 Agency Name: City of Pomona Contact Person: Matt Pilarz Telephone: (909) 620-3652 Original Contract Amount: $603 406 Final Contract Amount: $ 486,000 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. 1. Name of proposed Project Manager Telephone No. of proposed Project Manager: 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. Name of proposed Superintendent Telephone No. of proposed Superintendent: 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-12 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://www.dir.ca.goviDLSE/TublieWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServict?action=displayP WCRegistrationForm D1R's Contractor Registration searchable database: https://efi[ing.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 ALI, subcontractors at the time of submitting the bid. lvke s,` Contractor By /JOIN . — pzLFs, k"6e ® lNdb�f Email' / 044 Title Date: l Z JS29 - PWC Registration #: d 1 Sag C-13 AC R® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/WYY) ` .------ 03/06/2023 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,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Catherine Montoya NAME: Milestone Risk Management&Insurance Services PHONE (949)852-0909 FAX (949)852-1131 (A/C,No,EMtI: (A/C,No): License No.OB72766 E-MAREss: cmontoya@milestonepromise.com 8 Corporate Park,Suite 130 INSURER(S)AFFORDING COVERAGE NAIC If Irvine CA 92606 INSURER A: Hartford Fire Ins Co 19682 INSURED INSURER e: Trumbull Insurance Company 27120 Nobest,Inc. INSURER C: Hartford Casualty Insurance Co 29424 P.O.Box 874 INSURER D: Sentinel Insurance Co.,Ltd. 11000 INSURER E: Westminster CA 92684 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 Master 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD-WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE nOCCUR DAMAGE TO RENTED 300000 PREMISES(Ea occurrence) S , MED EXP(Any one person) $ Excluded A — 72UEACI3428 10/01/2022 10/01/2023 PERSONAL SADVINJURY $ 1,000,000 GENLAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY I X 1.,72T n LOC PRODUCTS-COMP/OP AGO $ 2,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ,_ X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED 72UEACI3429 10/01/2022 10/01/2023 BODILY INJURY(Per accident) $ AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY (Per accident) $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4,000,000 C EXCESS LIAR CLAIMS-MADE 72HHACI3459 10/01/2022 10/01/2023 AGGREGATE S 4,000,000 DEO RETENTION$ $ WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY D ANY PROPRIETORIPARTNER/EXECUTIVE {� NIA 72WEAAT6WEH 10/01/2022 10/01/2023 E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? I I (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Rented/Leased Equipment A 72MSZN3454 10/01/2022 10/01/2023 Limit $100,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:Concrete and masonry services pp City of Huntington Beach,its officers,elected or appointed officials,employees,agent and volunteers are included as an Ad tlonai i ,t $ell' eleeFI ty contract with respects to General Liability and Auto Liability.Primary and Non-Contributory coverage applies when required by contract peHhe-sits d :.,iv,E. endorsement forms.30 Days Notice of Cancellation except 10 days for non-payment of premium. h3 -' MICR E .GATES CITY NATTORNEY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORIZED REPRESENTATIVE i Huntington Beach CA 92648 t: _(.-_?_.t.A_(?-r__e J4,11- -�! t 11 Pf-l4-t?)e fe'a_--' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD ' ' 1 POLICY NUMBER: 72UEACI3428 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Designated Project(s) Or Location(s) Or Organization(s): Of Covered Operations: City of Huntington Beach, its officers, elected or Concrete and Masonry Services appointed officials,employees,agents and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. With respect to those person(s) or organization(s) (3) In connection with "your work" for the shown in the Schedule above when you have additional insured at the project(s) or agreed in a written contract or written agreement location(s) designated in the Schedule to provide Insurance such as is afforded under this and included within the "products- policy to them, Subparagraph f., Any Other completed operations hazard",but only if: Party, under the Additional Insureds When (a) The written contract or written Required By Written Contract, Written agreement requires you to provide Agreement Or Permit Paragraph of Section II -- such coverage to such additional Who Is An Insured is replaced with the following: insured at the project(s) or location(s) f. Any Other Party designated in the Schedule;and Any other person or organization who is not (b) This Coverage Part provides an insured under Paragraphs a. through e. coverage for "bodily injury" or above, but only with respect to liability for "property damage"included within the "bodily injury", "property damage"or"personal "products-completed operations and advertising injury" caused, in whole or in hazard". part, by your acts or omissions or the acts or The insurance afforded to the additional omissions of those acting on your behalf: insured shown in the Schedule applies: (1) In the performance of your ongoing (1) Only if the "bodily injury" or "property operations for such additional insured at damage" occurs, or the "personal and the project(s) or location(s) designated in advertising injury"offense is committed: the Schedule; (a) During the policy period; and (2) In connection with your premises owned (b) Subsequent to the execution of such by or rented to you and shown in the Schedule;or written contract or written agreement; and Form HS 24 80 07 13 Page 1 of 2 © 2013,The Hartford (Includes copyrighted material of Insurance Services Office, Inc.,with its permission.) (c) Prior to the expiration of the period of When You Add Others As An Additional time that the written contract or written Insured To This Insurance agreement requires such insurance (a) Primary insurance When Required By be provided to the additional insured. Contract (2) Only to the extent permitted by law;and This insurance is primary if you have agreed (3) Will not be broader than that which you in a written contract or written agreement that are required by the written contract or this insurance be primary. If other insurance written agreement to provide for such is also primary, we will share with all that additional insured. other insurance by the method described in With respect to the insurance afforded to the Paragraph (c)below. This Insurance does not person(s)or organization(s)that are additional apply to other insurance to which the insureds under this endorsement, the additional Insured in the Schedule has been following additional exclusion applies: added as an additional insured. This insurance does not apply to "bodily (b) Primary And Non-Contributory To Other Injury", "property damage" or "personal and Insurance When Required By Contract advertising injury" arising out of the rendering This insurance is primary to and will not seek of, or the failure to render, any professional contribution from any other insurance architectural, engineering or surveying available to an additional insured under your services, including: policy provided that: (1) The preparing, approving, or falling to (I) The additional insured In the Schedule is prepare or approve maps, shop drawings, a Named Insured under such other opinions, reports, surveys, field orders, Insurance;and change orders, designs or specifications; (ii) You have agreed in a written contract or or written agreement that this insurance (2) Supervisory, inspection, architectural or would be primary and would not seek engineering activities. contribution from any other insurance The limits of insurance that apply to the additional available to the additional insured in the insured shown in the Schedule are described in the Schedule. Limits Of Insurance section. (c) IMethod Of Sharing How this Insurance applies when other insurance is If all of the other insurance permits available to the additional insured is described in the contribution by equal shares, we will follow Other Insurance Condition In Section IV — this method also. Under this approach, each Commercial General Liability Conditions,except as insurer contributes equal amounts until it has otherwise amended below. paid its applicable limit of insurance or none of B. With respect to Insurance provided to the the loss remains,whichever comes first. person(s) or organization(s) that are additional If any of the other insurance does not permit insureds under this endorsement, the When You contribution by equal shares, we •will Add Others As An Additional Insured To This contribute by limits. Under this method, each Insurance subparagraph, under the Other insurer's share is based on the ratio of Its Insurance Condition of Section IV—Commercial applicable limit of insurance to the total General Liability Conditions is replaced with the applicable limits of insurance of all insurers. following: All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 80 07 13 72UEAC13429 COMMERCIAL AUTOMOBILE HA 99 16 12 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED e. Employees as Insureds Paragraph .1, - WHO IS AN INSURED - of (1).Any "employee" of yours while using a Section II -Liability Coverage is amended to covered "auto" you don't own, hire or add the following: borrow in your business or your d. Subsidiaries and Newly Acquired or personal affairs. Formed Organizations f. Lessors as Insureds The Named Insured shown in the (1).The lessor of a covered "auto"while the Declarations is amended to include: "auto" is leased to you under a written (1) Any legal business entity other than a agreement if: partnership or joint venture,formed as a (a) The agreement requires you to subsidiary in which you have an provide direct primary insurance for ownership Interest of more than 50%on the lessor and the effective date of the Coverage Form. (b) The "auto" is leased without a However, the Named Insured does not driver. include any subsidiary that Is an Such a leased "auto" will be considered a "insured" under any other automobile covered "auto" you own and not a covered policy or would be an "insured" under "auto"you hire. such a policy but for its termination or the exhaustion of Its Limit of Insurance. g. Additional Insured if Required by Contract (2) Any organization that is acquired or (1) When you have agreed, in a written formed by you and over which you contract or written agreement, that a maintain majority ownership. However, person or organization be added as an the Named Insured does not include any additional insured on your business auto newly formed or acquired organization: policy,such person or organization is an (a) That Is a partnership or joint "insured", but only to the extent such person or organization Is liable for venture, "bodily injury" or "property damage" (b) That is an"insured"under any other caused by the conduct of an 'insured" policy, under paragraphs a. or b. of Who Is An (c) That has exhausted its Limit of Insured with regard to the ownership, Insurance under any other policy,or maintenance or use of a covered"auto." (d) 180 days or more after its The insurance afforded to any such acquisition or formation by you, additional Insured applies only if the unless you have given us notice of "bodily injury" or "property damage" the acquisition or formation, occurs: Coverage does not apply to "bodily (a) During the policy period,and injury"or"properly damage"that results (b) Subsequent to the execution of such from an "accident"that occurred before written contract,and you formed or acquired the organization. Form HA 99 1612 21 Page 1 of 6 CO 2021,The Hartford (Includes copyrighted material of Insurance Services Office, Inc.with its permission.) (c) Prior to the expiration of the period This insurance Is primary if you have of time that the written contract agreed in a written contract or written requires such insurance be provided agreement that this insurance be to the additional insured. primary. If other Insurance is also (2) How Limits Apply primary, we will share with all that other have agreed In a written contract insurance by the method described in If youg Other Insurance 6.d. or written agreement that another person or organization be added as an (2) Primary And Non-Contributory To Other additional Insured on your policy, the Insurance When Required By Contract most we will pay on behalf of such If you have agreed in a written contract additional insured Is the lesser of: or written agreement that this insurance (a) The limits of insurance specified in is primary and non-contributory with the the written contract or written additional insured's own insurance, this agreement;or insurance is primary and we will not (b) The Limits of Insurance shown in seek contribution from that other insurance. the Declarations. Such amount shall be apart of and not Paragraphs(1)and(2)do not apply to other insurance to which the additional insured in addition to Limits of Insurance shown has been added as an additional insured. in the Declarations and described in this Section. When this insurance Is excess, we will have no duty to defend the insured against any (3) Additional Insureds Other Insurance "suit" if any other insurer has a duty to If we cover a claim or "suit" under this defend the insured against that "suit". If no Coverage Part that may also be covered other insurer defends, we will undertake to by other insurance available to an do so, but we will be entitled to the insured's additional insured, such additional rights against all those other Insurers. Insured must submit such claim or"suit" When this insurance is excess over other to the other insurer for defense and Insurance,we will pay only our share of the indemnity. amount of the loss, if any, that exceeds the However, this provision does not apply sum of: to the extent that you have agreed in a (1) The total amount that all such other written contract or written agreement insurance would pay for the loss In the that this Insurance is primary and non- absence of this insurance; and contributory with the additional insured's (2) The total of ail deductible and self- insuredown insurance. (4) Duties In The Event Of Accident, Claim, amounts under all that other Insurance. Suit or Loss We will share the remaining loss, if any, by if you have agreed in a written contract the method described in SECTION IV- or written agreement that another Business Auto Conditions, B. General person or organization be added as an Conditions,Other Insurance 5.d, additional insured on your policy, the 3. AUTOS RENTED BY EMPLOYEES additional insured shall be required to comply with the provisions in LOSS Any "auto" hired or rented by your "employee" CONDITIONS 2. - DUTIES IN THE on your behalf and at your direction will be EVENT OF ACCIDENT, CLAIM , SUIT considered an"auto"you hire. OR LOSS — OF SECTION IV — The SECTION IV-Business Auto Conditions, B. BUSINESS AUTO CONDITIONS, in the General Conditions, 5. OTHER INSURANCE same manner as the Named Insured. Condition is amended by adding the following: 2. Primary and Non-Contributory if e. if an "employee's" personal insurance also Required by Contract applies on an excess basis to a covered Only with respect to insurance provided to "auto"hired or rented by your"employee"on an additional insured in A.1.g. - Additional your behalf and at your direction, this Insured if Required by Contract, the insurance will be primary to the following provisions apply: "employee's"personal insurance. (1) Primary Insurance When Required By Contract Page 2 of 6 Form HA 991612 21 4. AMENDED FELLOW EMPLOYEE EXCLUSION obligation for any difference between the actual EXCLUSION 5. - FELLOW EMPLOYEE - of cash value of the "auto" at the time of the"loss" SECTION II - LIABILITY COVERAGE does not and the"outstanding balance"of the loan/lease. apply if you have workers' compensation "Outstanding balance" means the amount you insurance in-force covering all of your owe on the loan/lease at the time of "loss" less "employees". any amounts representing taxes; overdue Coverage is excess over any other collectible payments; penalties, interest or charges Insurance. resulting from overdue payments; additional 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE mileage charges;excess wear and tear charges; lease termination fees; security deposits not If hired "autos" are covered "autos" for Liability returned by the lessor; costs for extended Coverage and if Comprehensive, Specified warranties,credit life insurance, health, accident Causes of Loss, or Collision coverages are or disability Insurance purchased with the loan provided under this Coverage Form for any or lease; and carry-over balances from previous "auto" you own, then the Physical Damage loans or leases. Coverages provided are extended to"autos"you g. AIRBAG COVERAGE hire or borrow,subject to the following limit. The most we will payfor "loss" to anyhired Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE "auto"is: COVERAGE,the following is added: (1) $100,000; The exclusion relating to mechanical breakdown (2) The actual cash value of the damaged or does not apply to the accidental discharge of an stolen property at the time of the"loss";or airbag. (3) The cost of repairing or replacing the 9. ELECTRONIC EQUIPMENT - BROADENED damaged or stolen property, COVERAGE whichever is smallest, minus a deductible. The a. The exceptions to Paragraphs B.4 - deductible will be equal to the largest deductible EXCLUSIONS -of SECTION III - PHYSICAL applicable to any owned "auto" for that DAMAGE COVERAGE are replaced by the coverage. No deductible applies to "loss" following: caused by fire or lightning. Hired Auto Physical Exclusions 4.c. and 4.d. do not apply to Damage coverage is excess over any other equipment designed to be operated solely by collectible insurance. Subject to the above limit, use of the power from the "auto's" electrical deductible and excess provisions, we will system that,at the time of"loss", is: provide coverage equal to the broadest Permanently installed In or upon the coverage applicable to any covered "auto" you (1) covered"auto"; own. We will also cover loss of use of the hired"auto" (2) Removable from a housing unit which is If it results from an "accident", you are legally permanently installed in or upon the liable and the lessor incurs an actual financial covered"auto"; loss, subject to a maximum of $1000 per (3) An integral part of the same unit housing "accident". any electronic equipment described In This extension of coverage does not apply to Paragraphs(1)and(2)above; or any "auto"you hire or borrow from any of your (4) Necessary for the normal operation of the "employees",partners (if you are a partnership), covered "auto" or the monitoring of the members(if you are a limited liability company), covered"auto's"operating system. or members of their households. b. Section III, Physical Damage Coverage, 6. PHYSICAL DAMAGE - ADDITIONAL Limit of Insurance, Paragraph C.2. is TEMPORARY TRANSPORTATION EXPENSE amended to add the following: COVERAGE $1,500 is the most we will pay for "loss" in Paragraph A.4.a. of SECTION III - PHYSICAL any one "accident" to all electronic DAMAGE COVERAGE is amended to provide a equipment (other than equipment designed limit of $50 per day and a maximum limit of solely for the reproduction of sound, and $1,000. accessories used with such equipment) that 7. LOAN/LEASE GAP COVERAGE reproduces, receives or transmits audio, Under SECTION III - PHYSICAL DAMAGE visual or data signals which, at the time of COVERAGE, in the event of a total "loss" to a "loss",Is: covered"auto", we will pay your additional legal Form HA 99 16 12 21 Page 3 of 6 (1) Permanently installed in or upon the (2) A partner, if you are a partnership; covered "auto" in a housing, opening or (3) A member, If you are a limited liability other location that is not normally used company; or by the "auto" manufacturer for the installation of such equipment; (4) An executive officer or insurance manager,If (2) Removable from a permanently Installed you are a corporation. housing unit as described in Paragraph 14. UNINTENTIONAL FAILURE TO DISCLOSE 2.a. above or is an integral part of that HAZARDS equipment;or if you unintentionally fail to disclose any hazards (3)An Integral part of such equipment. existing at the Inception date of your policy, we will not deny coverage under this Coverage c. For each covered "auto", should loss be Form because of such failure. limited to electronic equipment only, our 15. HIRED AUTO-COVERAGE TERRITORY obligation to pay for,repair, return or replace damaged or stolen electronic equipment will SECTION IV, BUSINESS AUTO CONDITIONS, be reduced by the applicable deductible PARAGRAPH B. GENERAL CONDITIONS, 7. - shown in the Declarations, or $250, POLICY PERIOD, COVERAGE TERRITORY - whichever deductible is less. is added to include the following: 10. EXTRA EXPENSE - BROADENED (6) For short-term hired "autos", the coverage COVERAGE territory with respect to Liability Coverage is Under Paragraph A.-COVERAGE-of SECTION anywhere in the world provided that if the Ill - PHYSICAL DAMAGE COVERAGE, we will "insured's" responsibility to pay damages for pay for the expense of returning a stolen covered "bodily injury" or "property damage" is "auto"to you. determined in a"suit,"the"suit"Is brought in 11. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories and possessions of the United States of Under Paragraph D. - DEDUCTIBLE - of America, Puerto Rico or Canada or in a SECTION III-PHYSICAL DAMAGE COVERAGE, settlement we agree to. the following Is added: 16. WAIVER OF SUBROGATION No deductible applies to glass damage If the Paragraph 5. TRANSFER OF RIGHTS OF glass Is repaired rather than replaced. RECOVERY AGAINST OTHERS TO US - of 12. TWO OR MORE DEDUCTIBLES SECTION IV-BUSINESS AUTO CONDITIONS Under Paragraph D. - DEDUCTIBLE - of A. Loss Conditions is amended by adding the SECTION III-PHYSICAL DAMAGE COVERAGE, following: the following Is added: We waive any right of recovery we may have If another Hartford Financial Services Group, against any person or organization with whom Inc.company policy or coverage form that is not you have a written contract that requires such an automobile policy or coverage form applies to waiver because of payments we make for the same"accident",the following applies: damages under this Coverage Form. (1) If the deductible under this Business Auto 17. RESULTANT MENTAL ANGUISH COVERAGE Coverage Form is the smaller (or smallest) The definition of "bodily injury" in SECTION V- deductible, it will be waived; DEFINITIONS,C.Is replaced by the following: (2) If the deductible under this Business Auto "Bodily injury" means bodily injury, sickness or Coverage Form is not the smaller (or disease sustained by any person, including smallest) deductible, It will be reduced by mental anguish or death resulting from any of the amount of the smaller (or smallest) these. deductible. 18. EXTENDED CANCELLATION CONDITION 13. AMENDED DUTIES IN THE EVENT OF Paragraph 2. of the COMMON POLICY ACCIDENT,CLAIM,SUIT OR LOSS CONDITIONS - CANCELLATION applies The requirement In LOSS CONDITIONS 2.a. - except as follows: DUTIES IN THE EVENT OF ACCIDENT, If we cancel for any reason other than CLAIM, SUIT OR LOSS - of SECTION IV - nonpayment of premium, we will mail or deliver BUSINESS AUTO CONDITIONS that you must to the first Named Insured written notice of notify us of an "accident" applies only when the cancellation at least 60 days before the effective "accident"is known to: date of cancellation. (1) You,if you are an individual; Page 4 of 5 Form HA 99 16 12 21 19, HYBRID, ELECTRIC, OR NATURAL GAS b. A"hybrid"auto is defined as an auto with an VEHICLE PAYMENT COVERAGE internal combustion engine and one or more In the event of a total toss to a"non-hybrid"auto electric motors; and that uses the internal for which Comprehensive, Specified Causes of combustion engine and one or more electric Loss, or Collision coverages are provided under motors to move the auto, or the internal this Coverage Form, then such Physical combustion engine to charge one or more Damage Coverages are amended as follows: electric motors,which move the auto. a. If the auto is replaced with a"hybrid"auto or 20, VEHICLE WRAP COVERAGE an auto powered solely by electricity or In the event of a total loss to an"auto"for which natural gas, we will pay an additional 10%, Comprehensive, Specified Causes of Loss, or to a maximum of$2,500, of the"non-hybrid" Collision coverages are provided under this auto's actual cash value or replacement Coverage Form, then such Physical Damage cost,whichever Is less, Coverages are amended to add the following: b. The auto must be replaced and a copy of a In addition to the actual cash value of the"auto", bill of sale or new lease agreement received we will pay up to$1,000 for vinyl vehicle wraps by us within 60 calendar days of the date of which are displayed on the covered"auto"at the "loss," time of total loss. Regardless of the number of c. Regardless of the number of autos deemed autos deemed a total loss, the most we will pay a total loss, the most we will pay under this under this Vehicle Wrap Coverage provision for Hybrid, Electric, or Natural Gas Vehicle any one "loss" Is $5,000. For purposes of this Payment Coverage provision for any one coverage provision, signs or other graphics "loss"is$10,000. painted or magnetically affixed to the vehicle are For the purposes of the coverage provision, not considered vehicle wraps. a. A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. • Form HA 991612 21 Page 6 of 6 • ,��yysA�,I� DAM IMWUDIYYYII i �r2o CERTIFICATE OF LIABILITY INSURANCE 02)15/2022 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,AND THE CERTIFICATE HOLDER. IMPORTANT. If the ceniticato holder Is an ADDITIONAL INSURED,the poilcy(las)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 18 WAIVED,subject to the terms and conditions of the policy,certain policies may rogmiro an endorsement. A statement on this certificate does not confer rights to the cartlRcato holder In lieu of such endorsements. PRODUCER NUT EA Catherine Man" WXASWe Risk Management&Insurance Ser&As N E (949)852-Mg 4S xa (949)852-1131 Ucerue No.0372788 AwREna: cmanoy Crnrmlonepremhe.eom 8 Corporam Park,SUNS 130 INSD e)AFFORIXND COVERAGE NAIC6 IMno CA 92808 wstmEaA: Tnvotors lndaMty Compenyof Connecumt(The) 250820 INsunac wwREa e: Tmvelam Property Casualty Company o(Amedca 258740 Hobson,Inc. w,RcR c: Insurance Company of Uw West 027647 P.O.Bos 874 I,a,R,R D; Hartford Flie Insurance Company 0198112 weuREn E: WestrtlYuter CA 92BM I COVERAGES CERTIFICATE NUMBER: 21-22Mos:er REVISION NUMBER: THIS IS TO CFRTIFY THAT THE POUC14S OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR HIF POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUREMENT.TERM OR CONDITION OF ANY CONTRACTOR 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,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TY"01INSDRANM 1 POLICY Numam Met MµB LIMAN x coMNeNcut OENeAAL LMOam EAa1000UFJI s 1.000.000 I. 60.000 CLAMSMADE ®OCCUR E MED FXY rim EWudod A IY D722CO3R8E4235TCT2I 10/01/2021 1010112022 PEnaIXIK BAW INAriY 1,000.000 OPNLAOw+EW1E UVIT APPLIES PER: OENERALAOOREOATE s 2,000,000 POLICY®tEOi Lux PRODUCT!-COMP,OPAO GO O f 2. D,ODO DTHER: APP f M�M 1000.000 TDy: - BOGEY INMLY mMA otdtY Y B101kb<0026a21 V L E 7MOf!?0 10/01I2022 eomrlNAnttlu'Lr.c�4«a1 s Mrr�IXILY �0�9 GONLY CITY ATi HNEY E f CITY OF HUNTIN ON 13EAC 4 ComplColl.Dodta a 1,00V1,D00 UwRELLAL1A5 OCCIM PIDHOCIXIRRENCE IT4,000,000 B EXCESS Luse 11 CWKlaIADE CUP3R8951392128 1DN12021 IVO12022 AOonGtM,ic 4,00,000 IUD I K,IurI rr 146 10,000 i VIORI(ERa COTdPENMTON �- ANDEMPIAYE0.alNeIL1TY T AHYPROPNEIORXMRTNEI4E%ECULNE YIN EL FACN IGCIOENT S i.000,000 C OFF10En In We �Y NIA Y WSA505749701 iW012021 10l012022 lWnddyryln Np EL IXlPAaE-E,L EMPLOYEE f 1,000,000 DEBGUE yyLLA gtN tWs, 1,000,000 Pr10N OF CPPRAiNWa wr,M FL pSG1E-P01.ICVLWIT f D Ren ed(Loased Equipment 72MS7N3454 10/012021 10/012022 Urnit $100,000 Dadut9bb $1,000 DEeCRv,cm W OPEAATIONs I LOCATma I y ncual OCORD 101,AddIV.014. k U"WA may W a0snOns!1l nldrd FPsah MgvlrM Re:Sawvr island Installation end Curb,Gunter,Sidewalk removal and replacement. City of Hundrhglm Beach.Its oBicere,abcted or appointed oTdals,empkryoss end agents,vohmbara am Included as on Additional Insured,as required by Conroe whin respects to OIL Auto. Primary and Non-Contribuory coverage applies when required by contact wah respocls W OL. Wahrer of Subrogation applies when rogdmd by contract with respect,WC. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERROP,NOTICE WILL 88 DELIVERED IN The City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St. AUMOm[ED MME,ENTAMni HurM8lplcn Beach CA 9264E 01988.201SACORD CORPORATION. All fights reservad. ACORD 25(2010103) The ACORD name and logo eta registered marks of ACORD COMMERCIAL GF.NFRAL LIABILITY POLICYNUMBER: DT22CO3R894235TCT21 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS AND COVERED OPERATIONS NAME OF PERSON OR ORGANIZATION: The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers PROJECTILOCATION OF COVERED OPERATIONS: job 43-2125 Huntington lkach-Installation of Curb Ramps and Adjacent Concrete at Maintenance Zone S. PROVISIONS The Insurance provided to such additional Insured Is The following Is added to SECTION II—WHO IS AN subject to the following provisions: INSURED: a. If the Limits of Insurance of this Coverage Part Any person or organization shown In the Schedule shown In the Declarations exceed the minimum Of Additional Insureds And Covered Operations that limits required by the written contract or you agree In a written contract or agreement to agreement, the Insurance provided to the include as an additional Insured on this Coverage additional Insured will be It Part Is an Insured, but only. minimum required limits. For thhee to such purposes of p determining whether this limitation applies, the a. With respect to liability for "bodily injury' or minimum limits required by the written contract or "property damage" that occurs, or for "personal agreement will be considered to Include the Injury" caused by an offense that is committed, minimum limits of any Umbrella or Excess subsequent to the signing of that contract or liability coverage required for the additional agreement and while that part of the contract or Insured by that written contract or agreement. agreement is In effect;and This provision will not Increase the limits of b. if, and only to the extern that, such Injury or Insurance described In Section III — Limits Of damage Is caused by acts or omissions of you or Insurance. your subcontractor in the performance of "your b. The insurance provided to such additional work" on or for the project, or at the location, Insured does not apply to: shown in the Schedule Of Additional Insureds (1) Any "bodily InJury', "property damage" or And Covered Operations, to which the written *personal Injury' arising out of the providing, contract or agreement applies. Such person or or failure to provide, any professional organization does not qualify as an additional architectural, engineering or surveying Insured With respect to the Independent acts or services,Including: omissions of such person or organization. CO D2 47 0419 0 2018 The Travelers Indemnity comparvr.nn rights reserved. Page 1 of 2 i COMMERCIAL GENERAL LIABILITY (a) The preparing, approving, or falling to (c) The nature and location of any Injury or prepare or approve, maps, shop damage arising out of the "occurrence" drawings, opinions, reports, surveys, or offense. field orders or change orders, or the (2) If a claim is made or"suit" is brought against preparing, approving, or falling to the additional Insured: prepare or approve, drawings and (a) Immediately record the specifics of the specifications; and claim or"sult"and the date received; and (b) Supervisory, Inspection, architectural or (b) Notify us as soon as practicable and see engineering activities. to It that we receive written notice of the (2) Any "bodily Injury' or "property damage" claim or"sull"as soon as practicablo. caused by "your work' and included In the (3) Immediately send us copies of all legal "Products-completed operations hazard" papers received In connection with the claim unless the written contract or agreement or "suit°, cooperate vrith us In the specifically requires you to provide such Investigation or settlement of the claim or coverage for that additional Insured during defense against the "suit", and otherwise the policy period. comply with all policy conditions. c. The additional Insured must comply with the (4) Tender the defense and indemnity of any following duties: claim or "suIV to any provider of other (d) Give us written notice as soon as practicable Insurance which would cover such additional of an"occurrence" or an offense which may Insured for a loss we cover. However, this result In a claim.To the extent possible,such condition Insurance does ro provided to affect whetheradditionale notice should Include: (a) How, when and where the "occurrence" Insured Is primary to other Insurance or offense took place; available to such additional Insured which covers that person or organization as a (b) The names and addresses of any Injured named Insured as described In Paragraph 4., persons and witnesses; and Other Insurance, of section IV—Commercial General Liability Conditions. page 2 of 2 02018 The Tmvelers Indemnlly Company.All rlpMs reserved. cG D2 47 04 19 NAMED INSURED#Nohoet,Inc. POLICY NUMBERt 8106N40 02 6421 260 EFFECTIVE DATE%101112021 to 10MI2022 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage.However,coverage for any Injury, damage or medical expanses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement. The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what Is and Is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF B. iBL>ANKET.ADDIT,IONALIIN$URED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS— INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M.'IBLIANKET4WAIVERiOF4SUOROGATION 0. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following Is added to Paragraph A.1.,Who Is person or organization qualifies as an "insured" An Insured,of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: In Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO Ing the policy period over which you maintain 1. The following Is added to Paragraph A.1., 50% or more ownership Interest and that Is not Who Is An Insured, of SECTION II— COW separately Insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision Is afforded only un- An "employee"of yours Is an "Insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganlzation or the end of the policy period, which- contract or agreement In an "employee's' ever Is earlier. name, with your permission,while performing duties related to the conduct of your busl- ,.Br IBLANKETtADDITIONAL,INSURED ness. The following Is added to Paragraph c. In A.1., 2. The following replaces Paragraph b. In HI Who Is An Insured,of SECTION II—COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who Is required under to. For Hired Auto Physical Damage Cover- s written contract or agreement between you and age, the following are deemed to be cov- thal person or organization, that Is signed and ered"autos"you own: executed by you before the 'bodily Injury' of (1) Any covered 'auto" you lease, hire, 'property damage" occurs and that Is In effect rent or borrow;and during the policy period, to be named as an addi- (2) Any covered "auto'hired or rented by tlonal Insured Is an 'Insured' for Covered Autos your "employee" under a contract In Liability Coverage,but only for damages to which an 'employee's" name, with your CA T3 53 02 18 02016 The Trovclors Indemnity Compony,AD rights reserved. Page 1 of 4 Includes copyrighted moteriM of Insuranm eervlcos Office,Inc.with 113 perm6ssion. i I COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or 'suit" related to the conduct of your busl- brought outside the United Steles of ness. America, the territories and possessions However,any'auto'that Is leased, hired, of the United Stales of America, Puerto rented or borrowed with a driver Is not a Rico and Canada: covered"auto'. (1) You must arrange to defend the "in- D. EMPLOYEES AS INSURED cured"against,and Investigate or set- The following Is added to Paragraph AA.,Who Is Ile any such claim or "sulP and keep An Insured,of SECTION II—COVERED AUTOS us advised of all proceedings and so- tens. LIABILITY COVERAGE: (11) Neither you nor any other Involved Any'employee"of yours Is an"Insured"while us- 'Insured' will make any settlement Ing a covered 'auto'you don't own,hire or borrow without our consent. In your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED (ill)In may, at our discretion, participateagainst, or LIMITS In defending the "Insured" against, or In the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "cult". of SECTION II—COVERED AUTOS LIABIL- (Iv)We will reimburse the "Insured" for ITY COVERAGE: sums that the "insured' legally must (2) Up to $3,000 for cost of ball bonds (In- pay as damages because of 'bodily cluding bonds for related traffic law viola- Injury"or"property damage" to which lions) required because of an "accident" this Insurance applies, that the 'in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described In Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION 11—COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses Incurred by the (v) We will reimburse the "Insured" for 'Insured" at our request, Including actual the reasonable expenses Incurred loss of earnings up to $500 a day be- with our consent for your Investiga- cause of time off from work. lion of such claims and your defense F. HIRED AUTO — LIMITED WORLDWIDE COV- the uncured" against any such" ERAGE—INDEMNITY BASIS 'suit", but only up t end Included within the Ilrnll descc and In Pare- The following replaces Subparagraph(5)In Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION Il — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not In TIONS: addition to such limit. Our duly to (6) Anywhere In the world. except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation Imposed by the Insurance In payments for damages, United Slates of America applies to and pro- settlements or defense expenses. hiblts the transaction of business with or (b) This Insurance Is excess over any valid within such country or Jurisdiction, for Cov- and collectible other Insurance available ered Autos Liability Coverage for any covered to the'Insured"whether primary, excess, 'auto' that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This Insurance Is not a substitute for re- and that Is not an"auto"you lease, hire, rent qulred or compulsory Insurance In any or borrow from any of your "employees", country outside the United States, Its ter- pariners (if you are a parinershlp), members Modes and possessions, Puerto Rico and (If you are a limited liability company) or Canada. members of their households. Page 2 of 4 C 2016 The Traveler Indemnity Company.MI dghls reserved. CA T3 63 02 15 Includes copyrighted material of Inwrence Servkos Olnce,Inc.Mth Its perndaebn. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered'auto". compulsory insurance In any such coun- This coverage applies only In the event of a total try up to the minimum limits required by theft of your covered'auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory Insurance requirements will not invalidate the coverage afforded by coverage. this policy,but we will only he liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you compiled with the compulsory in- sions. of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It Is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized Insurer outside the more alrbags In a covered "auto"you own that In- United states or America, its territories Hate due to a cause other than a cause of'loss" and possessions, Puerto Rico and Can- set forth In Paragraphs A.1.b. and A.1.c., but ada. We assume no responslbifity for the only: furnishing of certificates of Insurance, or a. If that"auto'is a covered "auto"for Compre- for compliance In any way with the laws hensive Coverage under this policy; of other countries relating to Insurance. b- The airbags are not covered under any war. G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following Is added to Paragraph D.,Deducti. c. The eirbags were not Intentionally Inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1.000 for any COVERAGE: one"loss'. No deductible for a covered 'auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage If the glass Is repaired rather than LOSS replaced. The following Is added to Paragraph A.2.s.. of H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The fallowing replaces the last sentence of Pere- tive prompt notice of the 'accident" or 'loss" ap- graph AA.b., Loss Of Use Expenses, of SEC• plies only when the"accdent" or"loss" Is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You(If you are an Individual); for loss of use Is $66 per day, to a maximum of (b) A partner(If you are a partnership); $760 for any one"accident". (c) A member (If you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or Insurance The folJowing replaces the first sentence In Para- manager(If you are a corporation or other or- graph AA.a., Transportation Expenses, of ganizatlon);or SECTION III — PHYSICAL DAMAGE COVER. (a) Any'employee'authorized by you to give no- AGE: lice of the'accident*or'loss". We will pay up to $50 per day to a maximum of !M wBLANKETgWA1VERtOF?SUBRO.GATION $1.600 for temporary transportation expense In- The following replaces Paragraph A.S., Transfer curred by you because of the total theft of a cov- Of Rights O1 Recovery Against Others To Us, ered'aulo'of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following Is added to Paragraph AA..Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE; We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to$400 for'loss" to wearing ap- signed and executed prior to any 'accident" parel and other personal property which Is: or*loss',provided that the'accident"or"loss' (1) Owned by an"insured";and arises out of operations contemplated by CA T3 53 02 15 02010 The Travelers IrioemNty Company.A0 right$ro$eNed. Page 3 of 4 Imlod$$copyrighted materiel of Insuranoo Ser4me Offloe,Ina.with Ito permleeion. I COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omisslon of, or unintentional person or organization designated In such error In, any Information given by you shall not contract. prejudice your rights under this Insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following Is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal- i SECTION IV—BUSINESS AUTO CONDITIONS: i i i i I I i I i I i I I I Page 4 of 4 02016 The Travelers Indemnity Company.Al dgnte reserved. CA T3 83 02 18 Inciuma copyrighted material of Insurance SemIces office,Inc.with Ile permission. DT22CO3R894235TCT21 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other Insurance permits contribution accurate and complete; by equal shares,we will follow this method alsa b. Those statemaAs are based upon Under this approach each Insurer contributes representations you madeto us;and equal amounts unlit It has Pali Its applicable c. We hake issued this policy In reliance upon limit of insurance or none of the loss remains, your representatlons. whichever comes first. The unintentional amisslon of,or unintentional error If any of the otter Insurance does not permit in,any Information provided by you which we relled caddbuUcn by equal shares,we will contribute upon in Issuing this policy will not prejudice your by limits. Under this method, each Insurer's rights under this insurance.Hawever, this praAslon share is based on the ratio of Its eppilcabis limit does not affect our right to tolled additional of Insurance to the total applicable limits of premium or to exercise our rights of cancellaUm or Insurance of ail Insurers. narveneAd In accordancewith applicable Insurance d.(T' -' -eAiSd,Nd Contrltiritoryllnsurence If Laws or regulations. Requkidby'WrWConiVa—a" 7, Separation Of insureds If you specificely agree In a written contrail or E>a)ept with respect to the Limits of Insurance,and agreement that the Insurance afforded to an any rights or duties specifically assigned In this insured under this Coverage Part must apply on Covevge Part to the first Named Inaured, this a primary bests, or a primary end non- InsuranceapplIes: corddbutcry basis, this Insurance Is primary to a. As If each Named Insured were the only other Insurance that Is ave7ablelosuch Insured Named Insured;and which covers such Insured as a named Insured, b. Separately to each Insured against when claim and we will not share with that Cher Insurance, provided that Is made or'sutf'is brought (1) The'bodhylnjury'or"property darnaga"for 8. Transfer Of Rights Of Recovery Against Others which coverage Is sought occurs;and To Us (2) The "personal and edverasing Injury' for If the Insured has rights to reome, all or part Of any which coverage Is sought is caused by an payment we have made under this Coverage Part, offense dial Is ccm milted; those rights are transferred to us.The Insured must subsequent to the Signing of that contract or do nothing altar loss to Impair them.At our request, ap'ednrnl byynu. the Insured will bring"suIr or transfer those rights to us and help us enforce them. 6. Premium Audit 9. Whan We Do Not Renew a. We will compute all premiums for this Coverage If we decide riot to renew this Coverage Part,wewig Part in accordance with cur rules and rates. mail or deliver to the first Named Insured shown In b. Premium shown in this Coverage Pat as the Declarations written notice of the nonrenswal advance premium Is a deposit premium only.At net less than 30 days before the eagnlragon data the close of each audit period we will compute If notice Is mailed,proof or maging will be sufficient the earned premium for that period and send prod d robe notice to the first Named Insured.The duo data for aWN and retrospective premiums is Bee date SECTION V—DEFINITIONS shorn as the due data on the bill.If the sum of 1. "Adverllsemera"mear's a notice that is broadcast or the advance and audit premium paid for the published to the general public or specific ma tst policy period Is greater than the earned segments abaci your goods, products or services premium, we will return the moasa to the first for the purpose of attracting customs or Named Insured. supporters.For the purposes or thls definition c. The first Named Insured must keep records of a. Nodoes that are published Include material the Infamatlon we need for premium placed on the Internet or on almilar electronic conputallam and send us copes at such times means of carununlceton;and as we may request. b. Regarding websites.only that part of a website 6. Representations that Is about your goods, products or services By accepting this pciicy,you agree for the purposes of attracting customers or supporters is considered at advatsennent. Page 16 of 21 0 2017 The Travelers Indemnity Company.AA rights reserved. CG T1 00 0219 Indudes copyrighted material of Insurance services ONke.Ina.with hs psrmisalen. i WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 08 34 i (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET I 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). The additional premium for this endorsement shall be 3 %of the total California Workers'Compensation premium otherwise due. Schedule I i Person or Organization Job Description ANY PERSON OR ORGANIZATION WHEN ALL CALIFORNIA OPERATIONS REQUIRED BY WRITTEN CONTRACT Policy Number:WSA505749701 Insured: Nobest, Inc. Endorsement Effective: 1011/2021 Coverage Provided by: INSURANCE COMPANY OF THE WEST Issue Date: 918/2021 Countersigned by: WC 99 08 34 (Ed.8-00) Bid Bund Bid Bond Number.tSBA-19399 CONTRACTOR SURETY: o:v a .4dn/rind"and addrvr) (Naar.46n1 uatiu sad prm ipd p1a t of i sunwir) Notnest Incorporated Merchann Bonding Company(Mmrwl) 7600 Acacia Ase. 6700 Westown Par",ty Garden.Gtore,CA 92941 West Des Nfumcs, 1A. 5026G OWNER: This document has unporant kgal (N,aaw AV/rmrar and adobe") consequcoca Consultation with City of Huntington Beach An attorney is;encouraged with respen to Is 20M Main Street completion or mrutitiranon. I Itmdngton Beach,CA 92648 Any singular reference to Contractor.Surety.Owner or othc party shall be considered Phual where applicable. BOND AMOUNT: Tim Percent(100/c)of Amount Bid PROJECT: Sewer Latent Installation h Curb,Gutter,Sidewalk Removal and Replacemimt at Various Locations Citywide In An Cn- Call Aa Needed Bum(3 YR Contract) Protect Number,if nay. T1te Contractor and Surety are bound to the Conn in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heir,executors,admiwvators,succesaon and assigns,ioindy and severally,as provided herein.The conditions of rho Bond are such that d the 0wricr accepts the bid of the Contractor within[he tune specified in the bid olncnmenta,or"thin such time period as may be agreed to by the Owner and Coxnract[x,and the Contractor mber,'1; eaten into a contract with the Owner in accordance with the omms of such bat,and gives such bond or bonds as may be speefied in the bidding or Concoct Documents,with a suety admitted in the pxudscaoo of the Project and otherwnac 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 t2)pays to the Owner the difference,not to excred the amount of this Bond,berw<em the amount spccl&-d 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 saw bid,then[his obligation shall be null and void,othcrwvse to remain in full force and effect Tlx Surety hereby waives any notate of m agmmcat between the Owner and Contractor to"tend the nine in which the Owns nsay accept the bid Waiver of notice br the Surety shall not apply to my cxtenanm exceeding sixty;W/days in the ap,Pregate beyond the tune for acceptance of bids specified m the bid documents,and the[Tuner and Contractor shall obtain the Surety's consent for an extension beyond mty(60)days. If this Bond is issued in cous ectson with a subcontractor's bid to a Contractor,the term Cora rctor on this Brad shall be deemed to be Subcontractor and the term Own"shall be deemed to be Contractor When dus Bond has brim furnished to comply with a statutory or other legal requirement in the kcati of the Project,Inv prosnion to the Bond conflicting with said saturory or kVA mq urement shag be deemed deleted here fain and provisions conforming to such statutory or other legal requuct m shall be deemed mcorpoxated herein.When so forms"the intent is du[dos Bond shall be construal as a samton bond and rut as a common;aw bund Signed amd scaled this 1:•Lday of f a.rrmhe[ 1 Nobcst Inrury x,uJ �} (Pm (Sea, (} (14 irirnrl � CI\ nts Bonding r_ursnany(Mumah (lt axtur) Melissa Ann Vsccaro 'ha n u. c .,Attorney ire Fact By arrangement with the Ameripn Imtwte of Architects, the National Association of Surety Bond Producers(NA58P)(ww%i nasbo-oral makes this form docurnent available to its members,affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches ttw the original text of ttxs document conforms exactly to the text in AIA Document A310-2010,Bid Bond. Subsequent modlficatiom may be made to the orginal text of this document by users,so careful review of its wording and consultatiiosn,,with aaLnt attorney,are encouraged before its c�olmplertio'n, execution or acceptance. 6 h017G� ✓lc��/ tL��L�).✓ * 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 dY On before me, Put U-C� (insert name and title oft the(officer) personally appeared +v �'�0(4 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 hWher/their authorized capacity(ies), and that by his/heNtheir 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. 7 �unika K Hugo ^ 1 UtE3 pVj/2p75 (Seal) Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is vattached, and not the truthfulness, accuracy, or alidity of that document. State of California County of Orange ) On 12/1412021 before me, Melissa Ann Vaccaro Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. OIELISSA AN,I YACCA170 WITNESS my hand and official seal. FQ COMM.xzlaisea L mNotary PublicallfumOAANCECOl1NTtr� M� �` / (� ` h;r Ca��:m.bVire5:.1aY 12.�0?^ Signature a o_ (Seal) Melissa Ann Vaccaro MERCHANTS�� Bond No.CSBA-19399 BONDING COMPANY.- POWER OF ATTORNEY Know Aa Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the'Comparuesl do hereby make,constitute and appoint,individually, Arturo Ayala;Ben Stang;Daniel Huckabay;Dwight Reilly;Frank Morones;Michael D Stang;R Nappi;Shaunna Rozege Ostrom their true and lawful Attomey(s)-In-Fact, to sign its name as surely(ies) and to execute, seal and acknowledge any and as bonds, undertakings. contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pennifted in any actions or proceedings allowed by taw. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the (allowing By-laws adopted by the Board of Directors of Merchants Bonding Company (Mutuap on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc,on October 10,2015. "The President, Secretary. Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Ahomeys-in-Fad, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory In the nature thereof.' 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually bed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and out horby hereby given to the Attomeyin-Fact includes any and all consents for the release of retained percentages and/or final estimates an engineering and construction contracts required by the State of Florida Department of Transportation. It Is fully understood that conseng ng to rile Slate of Florida Department of Transportation making payment of the final estimate to the Contractor and/or Its assignee, shall not relieve this surety company of any of Its obligations under its bond. In connection with obligations In favor of the Kentucky Department of Highways only,It Is agreed that the paver and authority hereby given to the Anomeyan-Fad cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this inslrumenl to be signed and sealed this 11th day of February 2020 cy?oRpGR4O' �qO?p`(\P094A9Z• MERCHANTMERCHANTS NATIONALBO BONDING fNDING,NCANY TUAL) .tit _o- O•';0 :ry-:? -e_ 1933 By 2003 ;c: d `• •• dC~• President STATE OF IOWA •••• COUNTY OF DALLAS ss. On this I Ith day of February 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing Instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. , ",p POLLY MASON i 11 Commission Number750576 My Commission Expires r January 07,2023 Notary Public (Expiration of notary's commission does net Invalidate this instrument) I,%Nniam Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,do hereby cerbty that the above and foregoing is a true and coned copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in fug force and effect and has not been amended or revoked. In Miriam'Athereof, I have hereunto set my hand and affixed the seal of the Companies on this 14th day of December ,2021 ?PS±pp 4�0 :O��`t:PO��0y' -p_ o'.. ... -a- mp: : :2':` :Z• •a'- 1933 f C: Secretary 2003 �. � . dui'. 3+ POA GO18 (1120) " lei City of Huntington Beach r 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov F8• 909,aa. Office of the City Clerk Robin Estanislau, City Clerk July 18, 2022 Nobest Incorporated 7600 Acacia Ave. Garden Grove, CA 92841 RE: Sewer Lateral Installation & Curb, Gutter, Sidewalk Removal and Replacement at Various Locations Citywide In an On-Call as Needed Basis (3-Yr. Contract) Enclosed please find your original bid bond. Sincerely, qwd4Mj4j Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand � r r a .J- p z .y wco v Y v O � •i \ ,O C d n m O Ox° Veen' J Q V mw Z °N,, �, a az W � •:ZECD Lu � O 3-' ,o 0 Z -, v