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HomeMy WebLinkAboutOrion Construction Corporation - 2022-05-03 (9) RECEIVED BY: CITY CLERK RECEIPT COPY �� 01Of Return DUPLICATE to y City Clerk's Office (Name) (Kr after signing/dating 1.5 (Date) A A Q CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 5/2 ✓ 27 SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. 30/5yt)/$- M TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved 413/-7-7 (Council Approval Date) CC No. /5? Agenda Item No. W"3t1 MSC No. City Clerk Vault No. ("Oa 50 Other No. SIRE System ID No. '/7a t/5 g:/forms/bond transmittal to treasurer CITY OF HUNTINGTON BEACH ��' INTERDEPARTMENTAL COMMUNICATION DATE: 4/17/2023 TO: THOSE LISTED HEREON FROM: John Griffin, Contracts Administrator SUBJECT: Retention Release Payment- PO#28586-OJ Supplier#76090 Co.#314 McCallen Storm Drain Trash Removal Project, Project#CC1588 Contractor's Name: ORION CONSTRUCTION Address: 2185 La Mirada Dr City, State and Zip Code: Vista, CA, 92081-8830 Phone Number: 760-597-9660 City Business License Number: A312474 NOC Recorded with County 3/2/2023 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file. Dat Chau Vu, Acting Director of Public Works I certify that there are no outstanding invoices on file. Ia3 Date J y e Zacks, Deputy City Treasurer I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. 5///o? d tilt44A/ Date Robin Estanislau, City Clerk 0/ 3 irgey re Attachments 1. Notice of Completion 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company i Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder 1111111111111111111111111111M111111111111110133111 NO FEE * S R 0 0 1 4 2 2 7 4 4 8 8 * PLEASE COMPLETE THIS INFORMATION 2023000047820 914 am 03/02123 • RECORDING REQUESTED BY; 371 NC-5 Nt 2 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 i i i s 1 WHEN RECORDED MAIL TO: i 1 CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT I Attn:John Griffin P.O.Box 190—2000 Main Street Huntington Beach,CA 92648 1 a ! THIS SPACE FOR RECORDER'S USE ONLY i TITLE OF DOCUMENT I NOTICE OF COMPLETION i a f I NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,Huntington Beach,CA 92648,that the contract heretofore awarded to ORION CONSTRUCTION,who was the company thereon for doing the following work to-wit: i McCallen Storm Drain Trash Removal Project,Project#CC1588 i That said work was completed 02/24/2023 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said wort;was accepted by the Director of Public Works on 02/24/2023,per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Western Surety Company,was surety for the bond given by the said company as required by law. i This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section V 27383 and should be recorded free of charge. / 3f i.�Z3 j Dire o cs or i City Engineer Date i City of Huntington Beach,California I STATE OF CALIFORNIA) f County of Orange )ss: City of Huntington Beech ) 1 I,the undersigned,say:I am an Agent of the City of Huntington Beach,owner In fee.In the foregoing NOTICE OF COMPLETION. I t have read said NOTICE OF COMPLETION and know the contents thereof;the same Is true of my knowledge. j , < I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and I regularly ordered to be recorded In the Office of the County Recorder of Orange County. This document is solely the official business of the City of Huntington Beach,as contemplated I 31,�2-? : under Government code section 27383 and Dire of s or City Engineer City of Huntington Beach,California Date I should be recorded free of charcre. 1 1 ' I THIS PAGE IS ADDIU TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION + (Additional recording fee applies) i BOND NUMBER:30154018-M MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That Orion Construction Corporation (contractors name) 2185 La Mirada Drive,Vista,CA 92081 (contractor's street address,city and state and zip code) as Principal(hereinafter called Contractor),and: Western Surety Company (surety's name) 1455 Frazee Road, Suite 300,San Diego, CA 92108 (surety's street address,city and state and zip code) a corporation organized and existing under the laws of the State of South Dakota with its principal office in the City of Sioux Falls as Surety(hereinafter called Surety),are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Seven Hundred Ninety Eight Thousand* Dollars ($798,258.51 ), equivalent to the entire contract amount including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors,administrators,successors,and assigns,jointly and severally,firmly by these presents, *Two Hundred Fifty Eight and 51/100 WHEREAS,Surety is a duly admitted surety insurer under the laws of the State of California;and Surety is certified and listed in the U.S.Department of the Treasury Circular 570,and able to provide proof of bonding limitation shown in said circular is sufficient to provide bonds In the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies, such as from A.M.Best, Moody's,Standard & Poor's,to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed with the California Department of Insurance;and Contractor has by written agreement dated July 14,2022,entered into a contract with Owner for the McCallen Storm Drain Trash Removal Project C.C. No. 1588 in accordance with drawings and specifications prepared by which contract is by reference made a part hereof(hereinafter referred to as the Contract);and The Contract provides that the principal will guarantee, for a period of one year,the work performed as part of the Contract from and against all defects in materials and workmanship;and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a bond executed by a surety duly admitted in the state of California;and The Contract has been completed,and the Owner,Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be February 24,2023, NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void;otherwise it will remain in full force and effect The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) days following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims,judgments,liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. 15-4584/118138 1 Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below,the Surety shall either: (a)remedy the default or breach by the Principal;or(b)shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal,at its own expense, and make available as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided,however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to(a)remedy the default(s)of the Principal promptly,or(b)arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s)of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s)of its performance of the Work within thirty(30) days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond,and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named herein or the successors of Owner. Signed and sealed this 16th day of March , 20 23 Principal Raised Corporate Seal Orion Construction Corporation [MUST BE AFFIXED] (Contractor Name) By: ,t (Seal) Principal Raised Corporate Seal Mark Dowsing [MUST BE AFFIXED] President (Title) Western S Q ty Company (S 7 ty Name) By: A (Seal) La j ce F. McMahon,Attorney-in-Fact APPROVED RM: B ' NOTES: chael E. Ga es, City Attorney pp 1. Acknowledgments must be completed and returned N t as part of the bond. L /( 6 0 i J 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 15-4584/118138 2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Say vielo J} On 3 - 17 - 2 0 Z 3 before me, Sara ti 1-vtdr-Ads Storrs, Kota PUk(1 G Date Here Insert Name and Title of the Officer personally appeared t 61f/ PO(,/5lr? 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 1Oi ry SARAH ANDREWS SrOTTS paragraph is true and correct. Notary Public-California _ - San Diego County f. WITNESS my hand and official seal. •STgrr Commission#2434138 �UFO•M My Comm.Expires Jan 13,2027 Signature 4)444611---- Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attac - • Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer k ame: ❑ Corporate Officer—Title(s): 0 Corporate s icer—Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— ❑ Li ed 0 General ❑ Individual ❑ Attor y in Fact 0 Individual • Attorney in Fact ❑ Trustee ❑ ardian or Conservator ❑ Trustee ❑ ..rdian or Conservator ❑ Other: 0 Other: Signer is Repres ing: Signer is Representing: ©2019 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of San Diego On MAR 16 2023 before me, Maria Guise, Notary Public Date Here Insert Name and Title of the Officer personally appeared Lawrence F. McMahon 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 o 'cial seal. MARIA GUISE t E COMMISSION#2283717 v E = -o Notary Public-California n Signature ORANGE COUNTY Signature of Notary Public My Ccmm.Expires Apr.1.t.2023'— Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — El Limited El General ❑Partner — ❑Limited El General ❑ Individual Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Surety Company Signer Is Representing: ©2015 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Lawrence F Mc Mahon, Sarah Myers, Janice Martin, Christopher J Conte, Lilia De Loera, Individually of San Diego,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of July,2021. c`"BURET WESTERN SURETY COMPANY .*S p%as W70 est t z. +\SEA�. Ef f %424, N'opK Paul T.Bruflat,Vice President State of South Dakota ss County of Minnehaha On this 16th day of July,2021,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires M.BENT • �NOURY PUBLIC March 2,2026 SOUTH DAKOTA r � 192. 614-1...* M.Bent,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 16th day of March,2023. 0"±o WESTERN SURETY COMPANY =;4pROggj'.�o N. e.Zz Ilk'Tr AV;!P 1 CDT 1 >N iPK L.Nelson,Assistant Secretary Form F4280-7-20I2 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Ct t5'2 Project: MCA1LEN 'JTOQ V 'DV 3 `f R'A5A c EMoJf ` OTEQ The undersigned contractor on the above-referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices,trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 20 day of MIRRLk( , 20 23 , at V15TIct , California. (Contractor Name) Nwlt �ws APPROVED ,TO FO By: Miael E. Gates City Attorney 1 CONTRACTOR'S CERTIFICATE I, IV \ 'CLOSI 10(3 , state and certify that: (Name of Declarant) 1. ()ZOO (JOOSTRk,0100 is the general contractor to the City of Huntington Beach ("City")on Contract No.CC-(Jig$ (the "Contract") for the construction of the public work of improvement entitled: Mc,GAui 5 ORY\ W.C110 1US4 REYA JRc WolEcT (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services,materials and equipment to the Project, including all claims against the contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): Not,E 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California(list all disputed claims; if none, write "NONE"). 001.11E I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at iS7fl, C,it=11..1�RN1A on this �,O day of µARG1A , 20 23 . (Signature of Declarant) APPROVED AS ORM ,.--- `t.A. it Je,)S: r-4y. Michae -V. Gates City ttorney 1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC; 1S B Project: MCJ,a iLLE ) 5tb i ®214111 -f RA51.1 REmavAL ?Rc' Ec1' The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity,national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. '/ Executed this 2©'�' day of M�A`ZCM , 20 23 , at I11STA , California. q...--) (Contractor Name) Niwle -DowS ^ APPROVED T FQR,M__., V %"`G By: - - Mic el E. Gates Ci . Attorney 1 CONSENT OF SURETY OWNER ❑ TO REDUCTION IN OR ARCHITECT 0 CONTRACTOR n PARTIAL RELEASE OF RETAINAGE SURETY NA DOCUMENT G707A Bond No. 30154018 OTHER PROJECT: McCallen Storm Drain Trash Removal Project C.C. No. 1588 (name,address) TO(Owner) ARCHITECT'S PROJECT NO: r -I CONTRACT FOR: City of Huntington Beach 2000 Main Street CONTRACT DATE: July 14, 2022 Huntington Beach, CA 92648 J In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety as it appears in the bond.) Western Surety Company ,SURETY, 151 N. Franklin Street, Chicago, IL 60606 on bond of(here insert name and address of Contractor as it appears in the bond) Orion Construction Corporation ,CONTRACTOR, 2185 La Mirada Drive,Vista, CA 92081 hereby approves the reduction in or partial release of retainage to the Contractor as follows: $39,912.93 (Thirty Nine Thousand Nine Hundred Twelve and 93/100 Dollars) The Surety agrees that such reduction in or partial release of retainage to the Contractor shalt not relieve the Surety of any of its obligations to(here insert the name and address of Owner) City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 ,OWNER, as set forth in the said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this 30th day of March, 2023 Wester urety Company Surety By: itle Sig t re of Authorized Representative Attest: Law nce F. McMahon,Attorney-in-Fact (Seal): aria Guise Title MA DOCUMENT G707A • CONSENT OF SURETY TO REDUCTION IN OR PARTIAL RELEASE OF RETAINAGE • JUNE 1971 ONE PAGE EDITION •AIAO• 0 1971 •THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,NW,WASHINGTON,D.C.20006 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached,and not the truthfulness,accuracy or validity of that document. STATE OF CALIFORNIA County of San Diego On MAR 3 0 2023 before me, Danyna Estee Alvarado , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Lawrence F. McMahon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personf(0 whose name(, /is/are subscribed to the within instrument and acknowledged to me that he/OWNINY executed the same in this/WNW authorized capacity(**), and that by his/tAiiiifflia signature,() on the instrument the person(Ij', or the entity upon behalf of which the person( !j' acted, executed the instrument. DANYNA ESTEE ALVARADO I certify under PENALTY OF PERJURY under the laws of 1-c it r Notary Public-California the State of California that the foregoing paragraph is true —. �- San Diego County and correct. Commission 02407519 `••c•' My Comm.Expires Jun 8.2026 Witness my hand and official seal. Signature . __ Place Notary Seal Above Signature of •" R"'a �.nyna Estee ' va -• OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited LI General ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other. ❑ Other: Signer is Representing: Signer is Representing: f - Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and Stale of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Lawrence F. McMahon,Individually of,San Diego, CA ,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts— Surety Bond No.: 30154018 Principal:Orion Construction Corporation Obligee: City of Huntington Beach and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of June,2021. WESTERN SURETY COMPANY aul T.Bntflat,Vice President State of South Dakota ss County of Minnehaha On this 16th day of June,2021,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. `S My commission expires It BENT iSDNOTANY MOM March 2,2026 SOUTH osson I 197- alliedin. M.Bent,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 30th day of March,2023. 41' s,� WESTERN SURETY COMPANY ,.aEA %>M Form F4280-7-2012 L.Nelson,Assistant Secretary Go to www.cnasuretv.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies,undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) Q CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION tit TO: City Treasurer FROM: City Clerk DATE: 5/Z/23 SUBJECT: Bond Acceptance I have received the bonds for Oti amcs`lrvc1')(IYCJCJYpCY7,c 1?67'LJ (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. 30/54D f$—/mil TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved 5/3)22_ (Council Approval Date) CC No. issg AfiergNern No. "'3145 MSC No. City Clerk Vault No. 490(•5O Other No. SIRE System ID No. 373'LP-1'6- g:/forms/bond transmittal to treasurer Recorded in Official Records,Orange County Hugh Nguyen, Clerk-Recorder • II IDIDIIIIII III II I II II III IIHO 0 II NO FEE • * $ R 0 0 1 4 2 2 7 4 4 8 $ * PLEASE COMPLETE THIS INFORMATION 2023000047820 9:24 am 03102123 371 NC-5 N12 1 RECORDING REQUESTED BY: 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 4 WHEN RECORDED MAIL TO: R CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn:John Griffin i P.O.Box 190—2000 Main Street 3 Huntington Beach,CA 92648 • THIS SPACE FOR RECORDER'S USE ONLY 1 TITLE OF DOCUMENT i NOTICE OF COMPLETION i I NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,Huntington Beach,CA 92648,that 1 the contract heretofore awarded to ORION CONSTRUCTION,who was the company thereon for doing the following work to-wit: j i I McCallen Storm Drain Trash Removal Project,Project#CC1588 That said work was completed 02/24/2023 by said company according to plans and specifications and to the satisfaction of the City 3 Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on 02/24/2023,per City ] Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Western Surety Company,was surety for the bond given by the said company as required by law. 4 f This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 1 27383 and should be recorded free of charge. le2 3/11z 4 Dire o s or City Engineer Date City of Huntington Beach,California j STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach ) I,the undersigned,say:I am an Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. i I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and 4. regularly ordered to be recorded in the Office of the County Recorder of Orange County. 1 i This document is solely the official business of 2 l the City of Huntington Beach,as contemplated I ` /1 23 under Government code section 27383 and Dire of s or City Engineer ate I should be recorded free of charge. City of Huntington Beach,California i { THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) i (i f f 4 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Namey after signing/dating (Date) L,:O.�A CITY OF HUNTINGTON BEACH Fu INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk / DATE: ���t_�/ 9 Z SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. �'�.�5^�/D/ Payment Bond (Labor and Materials) Bond No. 3n15-110 � Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. �J 0 Agenda Item No. -2 2" 3& MSC No. City Clerk Vault No. �U�• 5-0 Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Orion Construction Corporation FOR McCallen STORM DRAIN TRASH REMOVAL PROJECT C.C.No. 1588 THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Orion Construction Corporation , a S-Corporation corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project,hereinafter referred to as "PROJECT," more fully described as McCallen Storm Drain Trash Removal Project C.C.No. 1588 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK;ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 16-5195/City Funded Construction Contract.docx—revised 0412016 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms,conditions and obligations of this Agreement and the Contract Documents(as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx—revised 04/2016 D. The edition of Standard Specifications for Public Works Construction, published by Builders'News,Inc., 10801 National Boulevard,Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal,(which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contract.docx—revised 04/2016 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement,subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Seven Hundred Forty Seven Thousand Dollars ($ 747,000 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten(10)working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within Fifty ( 50 ) consecutive Working days from the day the Notice to Proceed is issued by DPW,excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contract.docx—revised 04/2016 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site,for any reason,relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contract.docx—revised 04/2016 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work,and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10)days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR,within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is,and shall be,acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense,and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.docx—revised 04/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages -znd not as a penalty, the sum of Five Hundred ($ 500 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided,and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes,unsuitable weather,or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay(unless DPW shall grant a further period of time),notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract.docx—revised 04/2016 delay and CITY shall extend the time for completing the work if, in its judgment,the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed,but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order"means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; S 16-5195/City Funded Construction Contract.docx -revised 04/2016 (b) Payment of money or damages arising from work done by,or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires,floods, labor disputes,epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW(or his or her written designee). All Demands shall be submitted promptly,but in no event later than thirty(30)days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen(15)days 9 16-5195/City Funded Construction Contract.docx—revised 04/2016 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested,whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer,in writing,either within fifteen(15)days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively,and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request,the DPW shall schedule a meet and confer conference within thirty (30)days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute,the CONTRACTOR may file a claim with the City as provided in Chapter I (commencing with Section 900)and Chapter 2(commencing with Section 910)of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx—revised 04/2016 or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule,the bid price shall prevail subject to the provisions of this Section. DPW may,at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this A greement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent(50%)or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5195/City Funded Construction Contract.docx--revised 04/2016 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT,as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR,if unencumbered,or any part thereof unencumbered,shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however,that in the event of a dispute between CITY and CONTRACTOR,CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificat;, signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR,who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items,if any,to be set forth in CONTRACTOR's affidavit covering disputed claims, 12 16-5195/City Funded Construction Contract.docx—revised 04/2016 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17, WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CI'.t'Y under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement,as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx -revised 04/2016 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code,Sections 1810 et seq,shall apply to the performance of this Agreement;thereunder, not more than eight(8)hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight(8)hours of labor per day or forty(40)hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight(8) hours in any one 14 16-5195/City Funded Construction Contract.docx—revised 04/2016 (1)calendar day or forty(40)hours in any one(1)calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number,work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any,shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards,and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION DEFENSE,HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands, 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, 15 16-5195/City Funded Construction Contract.docx--revised 04/2016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyo_ie 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, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY 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. 16 16-5195/City Funded Construction Contract.docx--revised 04/2016 25. 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 PROJECT. 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 or in connection with the PROJECT, 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,the aggregate limit must be no less than One Million Dollars($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees,agents,and volunteers(the"Additionally Insured Parties")as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx—revised 04/2016 26. CERTIFICATES OF INSURANCE,• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement;the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30)days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10)days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contract.docx—revised 04/2016 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10)days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have,terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR,CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause,and whether or not PROJECT is fully complete upon seven(7)calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience,the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx—revised 04/2016 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement,or any part hereof,or any right or duty created herein,without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100)for every Stop Notice filed in excess of two(2),regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 20 16-5195/City Funded Construction Contract.docx—revised 04/2016 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 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 specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach Orion Construction Corporation ATTN:David E. Fait , Public Works ATTN: Mark Dowsing 2000 Main Street 2185 La Mirada Dr. Huntington Beach, CA 92648 Vista,Ca.92081 35. 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 maters 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. 21 16-5195/City Funded Construction Contract.docx--revised 04/2016 36. 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 United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES 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 City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY'S 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 attorney's fees from the non-prevailing party. 39. 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 22 16-5195/City Funded Construction Contract.doex—revised 04/2016 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 hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL, Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/City Funded Construction Contract.docx—revised 04/2016 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation,and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements,promises,agreements or warranties,oral or otherwise, have been made by that party or anyone 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, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Construction Contract.docx—revised 04%2016 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers onJ 20 2.Z . CONTRACTOR: CITY OF HUNTINGTON BEACH, municipal Corp ion o he State ali rn'' ' By: Mayor (print name) 4�; [.4�' ITS: Chairman/President!Vice-President City Clerk �/y1z2 (circle one) INITIAT W AND APPRO ED: AND By: . Director of c or s (print name) RE D AND A PROVED: ITS: Secretary / Chief Financial Officer / Asst. Secretary/Treasurer (circle one) City anag APPROVED A City At 25 16-5195/City Funded Construction C'onrract.docx—revised 04/2016 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 Cin y County of S �� e ) On O before me,Richard Gregory Newhall - Notary Public (insert name and title of the officer)) ^/ personally appeared Fl , G I l a�� ��o����> O r/0� / ����-`�C17 who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the Instrument. I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. RICHARD GREGORY NEWHALL / Nctary Public•California = r San Diego County > Commission#2399561 •o• My Comm.Expires Apr 30.2026 Signature,""' ignatur (Seal) CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: Orion Construction Corporation pROaECT: McCallen Storm Drain (Contractor Name) Trash Removal Project C.C. No. 1588 2185 La Mirada Drive (Street Address) Vista, CA 92081 (City,State and Zip) TO: CITY OF HUNTINGTON BEACH DECLARATION Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement Cis 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach("City")and the above-named Contractor("Contractor')for the above-described project("Project'). I declare under penalty of perjury under the laws of the State of California that the above statement is true and correct_ Signed on J V fti 20a2at Vista, CA y Date 8 ( ) (City,State) s i (Signature of Individual Who is M eclaration) i x WARRANTY F Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the insurance requirements of the Contract for the Project. Said insurance shall be maintained through and until the expiration of all Warranties provided by Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185,naming City as an additional insured. Contractor shall supply to City, on at lest an annual basis,a Certificate of Insurance and the aforementioned 6 Endorsement evidencing continued coverage which meets the Contract requirements. Signed on jyne (� 20a�t_ Vista, CA y (Date) (City,State) x CONTRACTOR: Name: Orion Construction Corporation Name: Richard Dowsing Ttle: President of Orion Construction Corporation a C 277621.2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verges 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 S0./"1 Dt U ) �1 � On OCoc'/ a before me,Richard Gregory Newhall - Notary Public II (insert name and title of the officerr I j II personally appeared l� � C� 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *my RICHARD GREGORY NIEWHALL Notary Public•California San Diego County Commission 4 2399561 Comm.Expires Apr 30.2026 — Signature (Seal) �� Fora/7- SECTION C PROPOSAL for the construction of MCCALLEN STORM DRAIN TRASH REMOVAL PROJECT CC No. 1588 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor,material,equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach,and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working days, starting from the date of the Notice to Proceed, which is expected in late July/early August 2022. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, including additive bid items, 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 contract will be awarded to the lowest responsible bidder for the Base Bid. 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. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option, be considered null and void. C-1 Accompanying this proposal of bid,find Bid Bond in the amount ol-+4 3Wwhich said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond for_%", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here,if any: Addenda No. Date Received Bidder's 3' nature C-2 CITY OF HUNTINGTON BEACH PROPOSAL BID SHEET FOR MCCALLEN STORM DRAIN TRASH REMOVAL PROJECT BID SCHEDULE NO. DESCRIPTION QUANTITY UNIT I UNIT ITEM PRICE TOTAL 1 Mobilization 1 LS 1 $20,0W $10,CCXD 2 Clearing and grubbing 1 f LS $ ; wo $ 5 Install &maintain construction 3 BMPs 1 LS $ 101 E $ IDI d 4 € Construction project traffic control 1 LS $�j�j +' $ ,000 5 Sheeting, shoring,& bracing 1 LS $30 t000 $ 130p 000 Furnish and construct fixed in-line Trash Trap or equivalent.Includes i 6 riser, sealed lid,structure backfill, 1 EA $5131'RD; $513;W and unclassified soil. Includes all material and appurtenances. Sawcut, remove, and dispose of existing AC pavement over AB and 7 excavation of soil to depths needed 288 CY $ -53 J. $ C15,CH() to construct storm trap per City of Huntington Beach Std. 109 Sawcut,remove,and dispose of 8 existing 0.17' AC pavement per 276 SF $ 00 $ 2 City of Huntington Beach Std. 109 ' 9 10"AB for trench repair per City 24 TONS $ Std. 109 y ,UC-XD 5" AC Type III C2 PG 64(1/2")for 10 trench repair per plan and City of 10.4 TONS $ ca 00 $ 1?1 320 Huntington Beach Std. 109 l w Replace damaged or obliterated" 11 1 markings r MUTCD �LS $31 $ `�+ 12 Furnish and install educational sign* 1 'L_EA $1,500 $ �,500 0.17' AC Type III C2 PG(1/2")for 13 trench repair per City of Huntington 3.3 TONS $ $ 4 t Q Beach Std. 109 14 Prepare and provide a SWPPP 1 EA $ 1,600 $ h '500 Bid Allowance: Removal of 15 abandoned utilities not shown on 1 LS $10,000 $10,000 plan** C-2.1 *At the request of the City Management,a sign will be installed to explain watersheds,receiving water pollution sources,solutions,and function of the Trash Trap Unit to members of Boys and Girls Club located at McCallen Park as well as local schools **Refer to Specification Section 1020 for description of each Bid Allowance,Refer to Specification Section 1025 Measure and Payment for description of each Bid Item on Bid Schedule.Total in numbers $ `i . �y-y-�� CO Total in words:— if Dollars And Cents NOTE: The estimated quantities listed in the Proposal Bid Sheets are approximate and are to be used only as comparison of bids. Payment for quantities will be made from field measurements. If the actual quantities show either an increase or decrease from the quantities given in the Proposal Bid Sheet,the Contract Unit Prices will prevail.Full compensation will be paid at the contract price for the actual work completed,and no additional compensation will be allowed therefor. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract; this includes rejected material not unloaded from vehicles and material rejected after it has been placed. No compensation will be allowed for disposing of rejected or excess material. The City reserves the right to reject all bids and to increase or decrease the amount of any quantity shown on the Proposal Bid Sheets.In case of a variation between the unit price and the totals shown by the bidder,the unit price will be considered to be the bid. Bidder's Name: Orion Construction Coryoration Telephone No.: (760)597-9660 C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater,and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar %of Items) Subcontractor License Registration# Amount Contract Number Non(C By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 4/14/22 ,at Vista , CA Date City State Mark Dowsing , being first duly sworn, deposes and says that he or she is Engineering Man! er of Orion Construction Corporation 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. Orion Construction Corporation Name of Bidder �, `Signature of4idder 2185 La Mirada Dr. Vista,CA 92081 Address of Bidder C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 Earypublicorotment to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of 2 ) � � 1 \C On t�J�C'��y,OZ00- before me, � n ' Date r i Here Insert Name and Title of the Officer 10 personally appeared Name(s)of Signers) 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.0.-t sra.NEvrEu WITNESS m and official alpNotary Public-California San Diego County Commission#2377406My Comm.Expires Oct 4,2025 Signatu 'gnature of Notary ubiic Place Notary Seal Above ` OPTIONAL Thocig this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: _ Signer(s) Other Than Named Above: , Capacity(es)Claimed by Signe(i ?(s) Signer's Name: '`�. Signer's Name: ❑Corporate Officer — Title(s): „ ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑Limited ❑General ❑ Individual ❑Attorney in Fact , Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator -Tngstee El Guardian or Conservator ❑Other: _ ❑ Oth Signer Is Representing: Signer Is Represe`ntiing: 02014 National Notary Association-www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the MCCALLEN STORM DRAIN TRASH REMOVAL PROJECT, CC- 1588, (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. Orion Construction Corporation Contractor _m ,�y Mark Dowsing' Engineering Manager Title Date: 04/14/2022 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 Yes ®No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-b _ COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Orion Construction Corporation Contractor y By Mark Dow Engineering Manager Title Date: 04/14/2022 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Orion Construction Corporation Bidder Name 2185 La Mriada Dr. Business Address Vista CA 92081 City, State Zip C 760 1597-9660 estimating@orionconstruction.com Telephone Number Email Address 549309 State Contractor's License No. and Class 11/22/1988 Original Date Issued 11/30/2022 Expiration Date The work site was inspected by Chris Arnold of our office on April 5 ,2022 The following are persons,firms,and corporations having a principal interest in this proposal: Orion Construction Corporation Richard Dowsing 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. Orion Construction Corporation Company Name r `;Signatu�'of l�dder. Mark Dowsing Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this 14 day of, April 2022 x 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 San Diego ) On April 14,2022 before me, Sarah A.Newell,Notary Public Month, Day, and Year Insert Name and Title of Notary personally appeared Mark Dowsing 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. saanti a.NEWEL WITNESS my hand and official seal. r ~ Notary Public Caiifornfa Ile" Diego County Commission#2377406 '�•° •"' My Comm.Expires Oct 4,2025 Signatue Sie of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of a storm drain trash removal system of similar size, sawcut and removing 93" storm drain,shoring and bracing, and trench repair. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1 City of Vista,200 Civic Center Dr. Vista,CA 92084 Name and Address of Public Agency Name and Telephone No.of Project Manager: Marius Jaskula,(858)583-6344 $6,491,625.66 Sewer Pipeline 11/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: The project included excavating shoring and bracing of three(3)pits for trenchless pipeline construction,one(1)60' long x 15'wide x 33'deep and two(2)approximately 20'long x 10'wide x 25'deep. Project also included approximately 3000 LF of 10'wide trench repair of asphalt paving,and extensive traffic control during construction. 2. City of San Diego,9573 Chesapeake Dr. San Diego, CA 92123 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jess Arcillas,(619)455-3044 $3,000,000.00 Emergency Storm Drain/Sinkhole 08/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: The ro ect included 160 LF r >air of a 102-inch diameter storm drain i that had failed. construction of a concrete vault with dimensions of 12.5'x 10'x 12'deep, removal of soil from sinkhole and replacement with compacted it approximately 30,000 sk of asphalt paving repair,and extensive trafflc con ro urmg construction. 3. City of Carlsbad, 1635 Faraday Ave.Carlsbad,CA 92008 Name and Address of Public Agency Name and Telephone No. of Project Manager: Babag Tal,_(442)339-2676 $1,894,009.66 Storm Drain 04/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: The project included installation of 1800 LF of 36-inch diameter RCP storm drain piping,five(5)concrete storm drain curb inlets,and eleven(11)concrete storm drain cleanouts. Project include shoring and bracing of trenches up to 15 feet deep,approximately 3000 LF of 6'wide asphalt trench repair, and extensive traffic control during construction. C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project.Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1, Chris Arnold Name of proposed Project Manager Telephone No.of proposed Project Manager: (760)597-9660 Bitter Point Pump Station,$40Million (Design-Build Pump Station,Lift Station,&Pipeline 1 02/2016 Project Name&Contract Amount Type of Work Date Completed Rocky Point Pump Station,$28Million I Design-Build Pump Station,Lift Station,&Pipeline 1 04/2016 Project Name&Contract Amount Type of Work Date Completed LA Department of Water and Power,$201illion (Lift Station with 24"Water Pipeline 1 03/2017 Project Name&Contract Amount Type of Work Date Completed Z Larry Miller Name of proposed Superintendent Telephone No.of proposed Superintendent: (760)597-9660 Robert Diemer Water Treatment Plant,$10Million J Water treatment plant construction 1 05/2016 Project Name& Contract Amount Type of Work Date Completed City of Turlock New Lift Station,$30Million 1 85FT.Clarifier& 10 aeration basins 1 05/2020 Project Name &Contract Amount Type of Work Date Completed City of El Segundo Reverse Osmosis System,$80Million I Reclaimed Water Reverse Osmosis 108/2021 Project Name&Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)),passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call(844) 522-6734 https://efiling.dir.ca.gov/P W CR/ActionSery let?action=displayPW CRegistrationForm DIR's Contractor Registration searchable database: bttps://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 177Ll(a)which states: "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code,or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Orion Construction Corporation Contractor By Mark Ukor'sing estimating@orionconstruction.com Email Engineering Manager Title Date: 04/14/2022 PWC Registration#: 1000863563 C-12 ORIOCON-07 RMOOREJ '`� ©• CERTIFICATE OF LIABILITY INSURANCE DATE 6/2312022(MhVODfYYYY1 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 ail 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 rll his to the certificate holder in Ileu of such endorsoment(s). PRODUCER cT Jill Tucker J.S.Tucker Insurance Services PI+0r1E (nlc,No): 1 6330 Carroll Canyon Road AIC No Eat: 858 346.6769 _ suite 110 ill stuckerirts.com San Diego,CA 92121 r S ER 9 AFFOROINO COVERAQE___-.-_____—____L19Lc1L_— _ INSURER :Valley Fore Insurance Company 20508 INSURED INsullEg 8tContinental Casualty Company 20443 Orlon Construction Corporation INSURER C;American Casualty Company of Reading,Pennsylvania 20427 2186 La Mirada Or INSURER D; Vista,CA 92081.8830 INSURER E t INSURERF: COVERAGES CERTIFICATE NUMBER; 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 REOUIREMENT, 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 TYPO OF INSURANCE IDOL a POLICY NUMBER POL CY EPFOfYYYyl POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE 2,000,000 DAMAGE TO RENTED 100,000 CLAIMS-MADE �X OCCUR X 7017791823 12/3/2021 12/3/2022 e ME EXP one I n 16,000 PERSONALA A VINJURY $ 2,000,000 NL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 POLICY sm7 LOC APPROVED AS TO FORM PRODUCTS•COM PAG 4,000,000 OTHER: COMDINED SINGLE LIMIT _ Y 000,000 B AUTOMOBILE LIABILITY By; X ANY AUTO g X 7017791(137MI 021 121312022 BoDIL INJURY(Per el n AUTOS ONLY Rup�NosULEO CITY ATTORNEY (Per accident) H NUiOSOf Y CITY OF NUNTINC;TON I 1EACH RROPER�TTYY MADE AUTOS ONLY A Por ecUdonl B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 3,000,000 EXC68SLIAB CLAMS-MADE 7017701806 1213/2021 12/312022 AGGREGATE 31000,000 DEO I X I RETENTIONS 10,000 C WORKERS COMPENSATION X I PE TN• AND EMPLOYERS'LIABILITY 7017791840 1213/2021 1213/2022 1,000,000 ANY CPRfOUPMRIIETBOERRIPgRTNER/EXECUTIVE Y/N EL,EACH I andilory In NHI EXCLUDE[Y! N N I A E.L.DISEASE• E OYE 1,000,000 If as doauibounder 1,000,000 0• I TION OF OPERATIONS below E L.DISEASE-POLICY LIMIT B Rente (Leased Equip 7017886981 12/3/2021 1213 2022 $1,000 deductible 600,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES tACORD lei,Additional Romuks Schedule,may he attached If more space is required) RE:McCallen Storm Drain Trash Removal Project CC No.1588 City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunteers are named as additional Insured as respects to General and Auto Liability,and this Insurance Is primary and noncontributory with any other Insurance of the additional Insured as required by written contract,per attached endorsement(s). 30 days notice of cancellation;10 days notice of non-payment when required by written contract.Excess follows form to Include General Liability,Auto Liability,and Workers Compensation. CERTIFICATE LDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONSCE WILL BE DELIVERED IN 2000 Main Street Huntington Bosch,CA 92648 ---- AUTHORIZED REPRESENTATIVE ACORD 26(2016103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered inarks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 POLICY NUMBER: 7017791823 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Huntington Beach,Its officers,elected or appointed officials,employees,agents and volunteers Location(s)Of Covered Operations McCallen Storm Drain Trash Removal Project CC No.1688 A. Section II — Who Is An Insured is amended to This insurance does not apply to "bodily injury" or include as an additional insured the person(s) or "property damage"occurring after: organization(s)shown in the Schedule, but only with 1. All work, including materials, parts or equipment respect to liability for "bodily injury," "property furnished in connection with such work, on the damage" or personal and advertising injury' project (other than service, maintenance or caused, in whole or in part, by: repairs) to be performed by or on behalf of the 1. Your acts or omissions;or additional insured(s) at the location of the 2. The acts or omissions of those acting on your covered operations has been completed; or behalf; 2. That portion of "your work" out of which the in the performance of your ongoing operations for injury or damage arises has been put to its the additional insured(s) at the location(s) intended use by any person or organization designated above. other than another contractor or subcontractor g engaged in performing operations for a principal B. With respect to the insurance afforded to these as a part of the same project. additional insureds, the following additional exclusions apply: CG 20 10 07 04 Copyright, ISO Properties, Inc.,2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 POLICY NUMBER: 7017791823 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): _ City of Huntington Beach, its officers,elected or appointed officials,employees,agents and volunteers Location(s)Of Covered Operations McCalfen Storm Drain Trash Removal Project CC No.1588 Section II —Who Is An Insured is amended to include described in the schedule of this endorsement as an additional insured the person(s)or organization(s) performed for that additional insured and included in the shown in the Schedule, but only with respect to liability "products-completed operations hazard." for"bodily injury"or"property damage"caused, in whole or in part, by"your work"at the location designated and CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 General Liability T Blanket Additional Insured Ongoing and Completed Ops; Blanket Primary/ Non-Contributory PWMA Policy No. 7017791823 Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS;AN INSURED Is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions,or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract,but only with respect to bodily Injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage;and j 2. this coverage part provides such coverage. j II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10-01 edition of CG2010,or under the 10-01 edition of CG2037;or B. additional insured coverage with"arising out of language;or C. additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of your work that is subject to such written contract. 111. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract;or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily Injury, property damage,or personal and advertising injury arising out of: A. the rendering of,or the failure to render,any professional architectural,engineering,or surveying services, Including: 1. the preparing, approving,or failing to prepare or approve maps, shop drawings,opinions, reports, surveys,field orders,change orders or drawings and specifications;and 2. supervisory, Inspection, architectural or engineering activities;or B. any premises or work for which the additional insured Is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX(10-16) Policy No: 7017791823 Effective Date: 12/03/2021 Page 1 of 2 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Policy No. 7017791823 Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement Primary and Nondontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance,provided that a written contract requires the insurance provided by this policy to be; 1. primary and non-contributing with other insurance available to the additional insured;or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other Insurance available to the additional I insured. i VI. Solely with respect to the Insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amende-1 as follows; i The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the i addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the Investigation,defense, or settlement of the claim; and 3. make available any other insurance,and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this Insurance to be primary and non-contributory,this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the Insurance granted by this endorsement,the section entitled DEFINITIONS is arnended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part,provided the contract or agreement: A. is currently In effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage;or 2. the offense that caused the personal and advertising injury; for which the additional Insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. i All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below,and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 7017791823 Effective Date: 12/03/2021 Page 2 of 2 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Policy No.7017701823 General Liability Blanket 30 Day Cancellation �"/1�'A Changes - Notice of Cancellation or Material Restriction Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART I LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY—NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE i Number of days notice(other than for nonpayment of 30 premium): Number of days notice for nonpayment of premium: 10 Name of person or organization to whom notice will be sent: EntilyScheduledwllhCaffW and only whenfeclOed by wdllon conhad Address: If no entry appears above,the number of days notice for nonpayment of premium will be 10 days. It Is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period,the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below,and expires concurrently with said Policy. CNA74702XX(1-15) Policy No:7017791823 Page 1 of 1: Effective Date: 12/03/2021 Insured Name: Copyright CNA All Rights Reserved. Policy No.7017791837 Business Auto Blanket Additional Insured,Primary and Non-Contributory,Waiver of Subrogation CNA63359XX CIVA (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - i This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE 4. An"employee"of yours is an"insured"while A Whq';Is An Insured: operating an "auto" hired or rented under a contract or agreement in that "employee's" The following is added to Section 11,Paragraph name, with your permission, while A.1.,Who Is An Insured: performing duties related to the conduct of 1. a. Any Incorporated entity of which the your business. i Named Insured owns a majority of the "Policy,"as used in this provision A.Who Is An voting stock on the date of inception of Insured, includes those policies that were in this Coverage Form; provided that, force on the inception date of this Coverage b. The insurance afforded by this provision Form but; A.I. does not apply to any such entity 1. Which are no longer in force;or that is an "insured" under any other 2. Whose limits have been exhausted. liability "policy" providing "auto" coverage. B. Ball Bonds and Loss of Earnings 2, Any organization you newly acquire or form, Section II, Paragraphs A.2. (2) and A.2. (4) other than a limited liability company, are revised as follows: partnership or joint venture, and over which 1. In a.(2),the limit for the cost of bail bonds Is you maintain majority ownership interest. changed from$2,000 to$5,000;and The insurance afforded by this provision 2. In a,(4), the limit for the loss of earnings is A.2.' changed from$260 to$500 a day, a. Is effective on the acquisition or C. Fellow.Employee formation date,and is afforded only until the end of the policy period of this Section 11, Paragraph B.6 does not apply. Coverage Form, or the next anniversary Such coverage as is afforded by this provision of its inception date, whichever is C. is excess over any other collectible earlier. insurance. b. Does not apply to: II. PHYSICAL DAMAGE COVERAGE (1) "Bodily injury" or"property damage" A. Glass Breakage- Hitting A Bird Or Animal- caused by an accident` that Falling Objects Or Missiles occurred before you acquired or formed the organization;or The following is added to Section III, (2) Any such organization that is an Paragraph A.3.: "insured" under any other liability With respect to any covered "auto," any "policy"providing"auto"coverage. deductible shown in the Declarations will not 3 Any pec$on or, organization that: you are apply to glass breakage if such glass is required.by a written contract to_name a$an, repaired, in a manner acceptable to us, rather additional Insured,;is an "insured, but :',1 than replaced, With respect tq their le00,11abOy;for acts;or. B. Transportation Expenses omissione:of a person, whQ qualifles as an "insured' :.under.;,Section Ir Who Is An Section III, Paragraph A.4.a. is revised, with Inured and for whom t;iebflity:Goverase,is respect to transportation expense incurred by afforded under this policy If required.;by you,to provide: wCittQn contract, ,this ,insurance' will °be a. $60 per day,In lieu of$20;subject to primary'and nQn-%contributory to. Insurance on,vrhlch the additional insured is a Named b. $1,800 maximum, in lieu of$600. Insured: CNA63359XX Copyright,CNA Corporation,2000. Page 1 of 3 (Ed. 04112) Includes copyrighted material of the Insurance Services Office used with Its permission. Policy No,7017791837 Business Auto Blanket Additional Insured,Primary and Non-Contributory,Waiver of subrogallon CNA63359XX CMA (Ed. 04/12) C. Loss of Use Expenses Section III, Paragraphs B.4.c and B.4.d. are Section III, Paragraph A.4.b. is revised, with deleted and replaced by the following: respect to loss of use expenses incurred by you, c, Physical Damage Coverage on a covered to provide: "auto" also applies to "loss" to any a. $1,000 maximum, in lieu of$600. permanently installed electronic equipment including its antennas and other D. Hired"Autos" accessories. The following is added to Section Ill. d. A$100 per occurrence deductible applies to Paragraph A.: the coverage provided by this provision. 5. Hired"Autos" O. Diminution In Value If Physical Damage coverage is provided under The following is added to Section 111, this policy, and such coverage does not extend Paragraph B.6,: to Hired Autos,then Physical Damage coverage Subject to the following, the "diminution in , is extended to: value"exclusion does not apply to: a. Any covered"auto"you lease, hire, rent a. Any covered "auto" of the private or borrow without a driver;and passenger type you lease, hire, rent or b. Any covered "auto" hired or rented by borrow, without a driver for a period of your"employee"without a driver, under 30 days or less,while performing duties a contract in that individual related to the conduct of your business; "employee's" name, with your and permission, while performing duties b. Any covered "auto" of the private related to the conduct of your business, passenger type hired or rented by your c. The most we will pay for any one "employee"without a driver for a period "accident" or "loss" is the actual cash of 30 days or less, under a contract In value, cost of repair, cost of that individual "employee's" name, with replacement or $76,000, whichever is your permission, while performing less, minus a $600 deductible for each duties related to the conduct of your covered auto. No deductible applies to business. "loss"caused by fire or lightning. c. Such coverage as is provided by this d. The physical damage coverage as Is provision is limited to a "diminution In provided by this provision Is equal to the value" loss arising directly out of physical damage coverage(s) provided accidental damage and not as a result on your owned"autos" of the failure to make repairs; faulty or e physical damage coverage for incomplete maintenance or repairs; or . Such p Y 9 g the installation of substandard parts. hired"autos"will: 1 Include loss of use, provided it is d. The most we will pay for "loss" to a ( ) covered auto in any one accident is the consequence of an "accident" the lesser of: for which the Named Insured is legally liable, and as a result of (1) $5,000;or which a monetary toss is sustained (2) 20% of the "auto's" actual cash by the leasing or rental concern, value(ACV). (2) Such coverage as is provided by 111. Drive Other Car Coverage—Executive Officers this provision will be subject to a limit of$750 per"accident." The following is added to Sections II and Ill: E. Airbag Coverage 1. Any "auto" you don't own, hire or borrow is a The following is added to Section Ill, covered"auto"for Liability Coverage while being Paragraph B.3.: used by, and for Physical Damage Coverage while in the care, custody or control of, any of The accidental discharge of an airbag shall not your"executive officers,"except: be considered mechanical breakdown. a. An "auto" owned by that "executive officer" F. Electronic Equipment or a member of that person's household; or CNA63359XX copyright,ONA Corporation,2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the'nsurence Services Office used vdth its permission. Policy No,7017791037 Business Auto Blanket Additional Insured,Primary and Non-Contributory,Waiver of Subrogation CNA63359XX AW"A (Ed.04/12) b, An "auto" used by that "executive officer" The following is added to Section IV, while working in a business of selling, Paragraph A.6, Transfer Of Rights Of servicing, repairing or parking"autos." Recovery Against Others To Us: Such Liability and/or Physical Damage We waive any right of recovery we may have, Coverage as is afforded by this provision. because of payments we make for injury or (1) Equal to the greatest of those damage, against any person or organization for coverages afforded any covered "auto"; whom or which you are required by written i and contract or agreement to obtain this waiver from us. (2) Excess over any other collectible This injury or damage must arise out of your insurance. activities under a contract with that person or 2. For purposes of this provision, "executive organization. officer" means a person holding any of the You must agree to that requirement prior to an officer positions created by your charter, accident constitution, by-laws or any other similar or"loss." governing document, and, while a resident of C. Concealment,Misrepresentation or Fraud the same household, includes that person's The following is added to Section IV, spouse. Paragraph B.2.: Such "executive officers" are "insureds" while Your failure to disclose all hazards existing on the using a covered "auto" described in this date of inception of this Coverage Form shall not provision. prejudice you with respect to the coverage afforded IV. BUSINESS AUTO CONDITIONS provided such failure or omission is not intentional. A. Duties In The Event Of Accident, Claim, Suit D. Other Insurance Or Loss The following is added to Section IV, The following is added to Section IV, Paragraph B.S.: Paragraph A.2.a.: Regardless of the provisions of Paragraphs 5.a. (4) Your "employees" may know of an and 6.d. above, the coverage provided by this "accident" or "loss." This will not mean policy shall be on a primary non-contributory that you have such knowledge, unless basis. This provision is applicable only when such "accident" or "loss" is known to required by a written contract. That written you or if you are not an individual, to contract must have been entered into prior to any of your executive officers or "Accident"or"Loss." partners or your insurance manager. E. Policy Period,Coverage Territory The following is added to Section IV, Section IV, Paragraph B.7,(6).(a).is revised to Paragraph A.2.b.: provide: (6) Your "employees" may know of documents received concerning a claim a. 45 days of coverage in lieu of 30 days. or "suit," This will not mean that you V. DEFINITIONS i have such knowledge, unless receipt of Section V. Paragraph C, is deleted and replaced such documents is known to you or if by the following: you are not an individual,to any of your executive officers or partners or your "Bodily injury" means bodily injury, sickness or insurance manager. disease sustained by a person, including mental R;' Transfer Of`;Rights' Of Recov+rry''Aga inst; anguish, mental Injury or death resulting from any of Qttters':To_U$ these. i CNA63359XX Copyright,CNA Corporation,2000. Page 3 of 3 (Ed.04/12) Includes copyrighted material of the Insurance Services Office used with its permission. I i I Policy No.7017701837 Business Auto Blanket 30 daycancellation CNA72316XX � � (Ed.02/13) NOTICE OF CANCELLATION OR MATERIAL CHANGE - DESIGNATED PERSON OR ORGANIZATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: i In the event of cancellation or material change that reduces or restricts the insurance provided by this Coverage Form, we agree to send prior notice of cancellation or material change to the person or organization scheduled below at the address scheduled below. This endorsement does not amend our obligation to notify the Named 1 Insured of cancellation as described in the Common Policy Conditions or in another endorsement attached to this policy. I SCHEDULE f 1. Number of days advance notice: 10 Days if we cancel for non-payment of premium. 30 Days if the policy is cancelled for any other reason, or if coverage is restricted or reduced by endorsement. 2. Person or Organization's Name and Address Name: Attention: Street Address: Entity scheduled with carrier and only when required by written contract. City,State,ZIP: e-mail address: All other terms and conditions of the Policy remain unchanged, i i I f CNA72315XX(02/13) Policy No: 7017791837 Page 1 of 1 Effective Date: 12/03/2021 Insured Name:Orion Construction Corporation Copyright CNA All Rights Reserved. General Liability-Per Project Aggregate Endorsement Policy No. 7017791823 CNA General Aggregate Limit - Per Project Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. For each single construction or service project away from premises the Named Insured owns or rents, a separate Project General Aggregate Limit,equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: A. all damages under Coverage A, except damages because of bodily injury or property damage Included in the ' products-completed operations hazard;and S. all medical expenses under Coverage C; i that arise from occurrences or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations,nor the Project General Aggregate j Limit applicable to any other project. II. All: A. damages under Coverage B, regardless of the number of locations or projects involved; B. damages under Coverage A,caused by occurrences which cannot be attributed solely to ongoing operations at a single project, except damages because of bodily Injury or property damage included In the products- completed operations hazard;and C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project, will reduce the General Aggregate Limit shown in the Declarations. III. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations,depending on whether the occurrence can be attributed solely to ongoing operations at a particular project. IV. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. V. If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,such project will still be deemed to be the same project. VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75061XX(1-15) Policy No: 7017791823 Page 1 of 1 Effective Date: 12/3/2021 Insured Name: Orion Construction Corporation Copyright CNA All Rights Reserved. includes copyrighted material of insurance Services Office,Inc.,with its permission. General Liability-Per Project Aggregate Endorsement CNA Policy No. 7017791823 General Aggregate Limit - Per Project Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. For each single construction or service project away from premises the Named Insured owns or rents, a separate Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: A. all damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and B. all medical expenses under Coverage C; that arise from occurrences or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project. ll. All: A. damages under Coverage B, regardless of the number of locations or projects involved; B. damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single project, except damages because of bodily injury or property damage included in the products- completed operations hazard; and C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project, will reduce the General Aggregate Limit shown in the Declarations. III. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medica! Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular project. IV. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. V. If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project. VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75061XX(1-15) Policy No: 7017791823 Page 1 of 1 Effective Date: 12/3/2021 Insured Name: Orion Construction Corporation Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. General Liability-Blanket Additional Insured Ongoing and Completed Ops; Blanket Primary l Non-Contributory MA Policy No. 7017791823 Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX(10-16) Policy No: 7017791823 Effective Date: 12/03/2021 Page 1 of 2 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Policy No. 7017791823 Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 7017791823 Effective Date: 12/03/2021 Page 2 of 2 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Policy No.7017791823 General Liability Blanket 30 Day Cancellation ,"AIL AWAK Changes - Notice of Cancellation or Material Restriction Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY—NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice(other than for nonpayment of 30 premium): Number of days notice for nonpayment of premium: 10 Name of person or organization to whom notice will be sent: Entity Scheduled with Carrier and only when required by written contract Address: If no entry appears above, the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74702XX(1-15) Policy No: 7017791823 Page 1 of 1: Effective Date: 12/03/2021 Insured Name: Copyright CNA All Rights Reserved. Policy No.7017791837 Business Auto Blanket Additional Insured,Primary and Non-Contributory,Waiver of Subrogation CNA63359XX CNA (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE 4. An "employee"of yours is an "insured"while A. Who Is An Insured operating an "auto" hired or rented under a contract or agreement in that "employee's" The following is added to Section II, Paragraph name, with your permission, while A.1.,Who Is An Insured: performing duties related to the conduct of 1. a. Any incorporated entity of which the your business. Named Insured owns a majority of the "Policy," as used in this provision A. Who Is An voting stock on the date of inception of Insured, includes those policies that were in this Coverage Form; provided that, force on the inception date of this Coverage b. The insurance afforded by this provision Form but: A.1. does not apply to any such entity 1. Which are no longer in force; or that is an "insured" under any other 2. Whose limits have been exhausted. liability "policy" providing "auto" coverage. B. Bail Bonds and Loss of Earnings 2. Any organization you newly acquire or form, Section II, Paragraphs A.2. (2) and A.2. (4) other than a limited liability company, are revised as follows: partnership or joint venture, and over which 1. In a.(2), the limit for the cost of bail bonds is you maintain majority ownership interest. changed from $2,000 to$5,000; and The insurance afforded by this provision 2. In a.(4), the limit for the loss of earnings is A.2.. changed from$250 to$500 a day. a. Is effective on the acquisition or C. Fellow.Employee formation date, and is afforded only until the end of the policy period of this Section II, Paragraph B.5 does not apply. Coverage Form, or the next anniversary of its inception date, whichever is Such coverage as is afforded by this provision earlier. C. is excess over any other collectible insurance. b. Does not apply to: IL PHYSICAL DAMAGE COVERAGE (1) "Bodily injury' or"property damage" A. Glass Breakage— Hitting A Bird Or Animal — caused by an "accident" that Falling Objects Or Missiles occurred before you acquired or formed the organization; or The following is added to Section III, (2) Any such organization that is an Paragraph A.3.: "insured" under any other liability With respect to any covered "auto," any "policy"providing"auto"coverage. deductible shown in the Declarations will not 3. Any person or organization that you are apply to glass breakage if such glass is required by a written contract to name as an repaired, in a manner acceptable to us, rather additional insured is an "insured but only than replaced. with respect to their legal liability for acts or B. Transportation Expenses omissions of a person, who qualifies as an "insured" under Section 11 — Who Is An. Section III, Paragraph A.4.a. is revised, with Insured and for whom Liability Coverage is respect to transportation expense incurred by afforded under this policy., If required by you,to provide: written contract, this insurance will be a. $60 per day, in lieu of$20; subject to primary and non-Contributory to insurance on which the additional insured is a Named b. $1,800 maximum, in lieu of$600. Insured. CNA63359XX Copyright,CNA Corporation,2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Policy No.7017791837 Business Auto Blanket Additional Insured,Primary and Non-Contributory,Waiver of Subrogation CNA63359XX (Ed. 04/12) C. Loss of Use Expenses Section III, Paragraphs B.4.c and 6.4.d. are Section III, Paragraph A.4.b. is revised, with deleted and replaced by the following: respect to loss of use expenses incurred by you, c. Physical Damage Coverage on a covered to provide: "auto" also applies to "loss" to any a. $1,000 maximum, in lieu of$600. permanently installed electronic equipment including its antennas and other D. Hired "Autos" accessories. The following is added to Section III. d. A$100 per occurrence deductible applies to Paragraph A.: the coverage provided by this provision. 5. Hired "Autos" G. Diminution In Value If Physical Damage coverage is provided under The following is added to Section 111, this policy, and such coverage does not extend Paragraph 113.6.: to Hired Autos, then Physical Damage coverage Subject to the following, the "diminution in is extended to: value"exclusion does not apply to: a. Any covered "auto" you lease, hire, rent a. Any covered "auto" of the private or borrow without a driver; and passenger type you lease, hire, rent or b. Any covered "auto" hired or rented by borrow, without a driver for a period of your "employee" without a driver, under 30 days or less, while performing duties a contract in that individual related to the conduct of your business; "employee's" name, with your and permission, while performing duties b. Any covered "auto" of the private related to the conduct of your business. passenger type hired or rented by your c. The most we will pay for any one "employee"without a driver for a period "accident" or "loss" is the actual cash of 30 days or less, under a contract in value, cost of repair, cost of that individual "employee's" name, with replacement or $75,000, whichever is your permission, while performing less, minus a $500 deductible for each duties related to the conduct of your covered auto. No deductible applies to business. "loss"caused by fire or lightning. c. Such coverage as is provided by this d. The physical damage coverage as is provision is limited to a "diminution in provided by this provision is equal to the value" loss arising directly out of physical damage coverage(s) provided accidental damage and not as a result on your owned"autos." of the failure to make repairs; faulty or e incomplete maintenance or repairs; or . Such physical damage coverage for the installation of substandard parts. hired"autos"will: d. The most we will pay for "loss" to a (1) Include loss of use, provided it is covered "auto" in any one accident is the consequence of an "accident" the lesser of: for which the Named Insured is legally liable, and as a result of (1) $5,000; or which a monetary loss is sustained (2) 20% of the "auto's" actual cash by the leasing or rental concern. value(ACV). (2) Such coverage as is provided by III. Drive Other Car Coverage—Executive Officers this provision will be subject to a limit of$750 per"accident." The following is added to Sections II and III: E. Airbag Coverage 1. Any "auto you don't own, hire or borrow is a The following is added to Section III, covered"auto"for Liability Coverage while being Paragraph B.3.: used by, and for Physical Damage Coverage while in the care, custody or control of, any of The accidental discharge of an airbag shall not your"executive officers,"except: be considered mechanical breakdown. a. An "auto" owned by that "executive officer" F. Electronic Equipment or a member of that person's household; or CNA63359XX Copyright,CNA Corporation,2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the'nsurance Services Office used with its permission. Policy No.7017791837 Business Auto Blanket Additional Insured,Primary and Non-Contributory,Waiver of Subrogation CNA63359XX (Ed. 04/12) b. An "auto" used by that "executive officer' The following is added to Section IV, while working in a business of selling, Paragraph A.5. Transfer Of Rights Of servicing, repairing or parking "autos." Recovery Against Others To Us: Such Liability and/or Physical Damage We waive any right of recovery we may have, Coverage as is afforded by this provision. because of payments we make for injury or (1) Equal to the greatest of those damage, against any person or organization for coverages afforded any covered "auto'; whom or which you are required by written and contract or agreement to obtain this waiver from us. (2) Excess over any other collectible This injury or damage must arise out of your insurance. activities under a contract with that person or 2. For purposes of this provision, "executive organization. officer" means a person holding any of the You must agree to that requirement prior to an officer positions created by your charter, "accident"or"loss." constitution, by-laws or any other similar governing document, and, while a resident of C. Concealment, Misrepresentation or Fraud the same household, includes that person's The following is added to Section IV, spouse. Paragraph B.2.: Such "executive officers" are "insureds" while Your failure to disclose all hazards existing on the using a covered "auto" described in this date of inception of this Coverage Form shall not provision. prejudice you with respect to the coverage afforded IV. BUSINESS AUTO CONDITIONS provided such failure or omission is not intentional. A. Duties In The Event Of Accident, Claim, Suit D. Other Insurance Or Loss The following is added to Section IV, The following is added to Section IV, Paragraph B.5.: Paragraph A.2.a.: Regardless of the provisions of Paragraphs 5.a. (4) Your "employees" may know of an and 5.d. above, the coverage provided by this "accident" or "loss." This will not mean policy shall be on a primary non-contributory that you have such knowledge, unless basis. This provision is applicable only when such "accident" or "loss" is known to required by a written contract. That written you or if you are not an individual, to contract must have been entered into prior to any of your executive officers or "Accident"or"Loss." partners or your insurance manager. E. Policy Period,Coverage Territory The following is added to Section IV, Paragraph A.2.b.: Section IV, Paragraph B. 7.(5).(a). is revised to provide: (6) Your "employees" may know of a. 45 days of coverage in lieu of 30 days. documents received concerning a claim or "suit." This will not mean that you V. DEFINITIONS have such knowledge, unless receipt of such documents is known to you or if Section V. Paragraph C. is deleted and replaced you are not an individual, to any of your by the following: executive officers or partners or your "Bodily injury" means bodily injury, sickness or insurance manager. disease sustained by a person, including mental B. Transfer Of Rights Of Recovery Against anguish, mental injury or death resulting from any of Others To Us these. CNA63359XX Copyright,CNA Corporation,2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Policy No.7017791837 Business Auto Blanket 30 day cancellation CNA72315XX (Ed. 02/13) NOTICE OF CANCELLATION OR MATERIAL CHANGE - DESIGNATED PERSON OR ORGANIZATION It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: In the event of cancellation or material change that reduces or restricts the insurance provided by this Coverage Form, we agree to send prior notice of cancellation or material change to the person or organization scheduled below at the address scheduled below. This endorsement does not amend our obligation to notify the Named Insured of cancellation as described in the Common Policy Conditions or in another endorsement attached to this policy. SCHEDULE 1. Number of days advance notice: 10 Days if we cancel for non-payment of premium. 30 Days if the policy is cancelled for any other reason, or if coverage is restricted or reduced by endorsement. 2. Person or Organization's Name and Address Name: Attention: Street Address: Entity scheduled with carrier and only when required by written contract. City, State, ZIP: e-mail address: All other terms and conditions of the Policy remain unchanged. CNA72315XX(02/13) Policy No: 7017791837 Page 1 of 1 Effective Date: 12/03/2021 Insured Name: Orion Construction Corporation Copyright CNA All Rights Reserved. Executed inDuplicate Bond No. 30154018 Pmmium:s8.8O3.00 SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND KNOW ALL PERSONS RY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as'City')has,by written agreement dated .oO__. entered into a contract with Orion Construction Corporation 2185 La Mirada Drive,Vista- CA 92081 (name and address of Contractor) (hereinafter referred/oos^Prino.pa[).for performance of the work described u»follows: (Project Title) VVHERExS, said oomrum, and all documents referenced therein (homino*a, collectively 'Cuo|rum^). are incorporated herein by this reference made a part hereof as though set forth herelin in full:and Sa|U Principal isequiredunder\hm\mmuo(Vh*Contrmut tu furnish a bond guaranteeing the prompt, full and faithful performance o/ said Contruct, by a duly admitted surety insurer under the |mw" o/ the State of California(hereinafter referred,uas^Gunety^);and Surety is certified and listed in the U.S Department of the Treasury Circular 570 and has provided proof of sufficient bonding limitations on shown in said circular to pmvioe bonds in the amount required by said Contract;and Surety has provided financial strength ratings from repurtable companies,such as from A.M.Best,Moody'x.o, Standard&poo/s to validate that Surety has positive ratings uf being secure o, Stable;and Surety|o registered and listed with the California Department ofInsurance, NOW, THEREFORE,we,the undersigned,an Principal,and Western Surety Company (name and address of Surety) as Surety,are held and firmly bound unto City in the penal surr,ol Seven Hundred Forty Seven Thousand and 0011 QQ Dollars ($747,000.00 this amount being not less than one hundred percent o/the price set forth in the Contract,in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves,our heirs,executors, administrators and successors,jointly and severally,firmly by these presents, THE CONDITION 0F THIS OBLIGATION|S SUCH THAT if the Principal shall promptly,fully and faithfully perform each and all of txozovenaom.obl|gallonuonoth|ngu(obodonuandporfonn*ubvthwPrincipa/in strict accordance with the terms nf the Contract ao said contract may hc altered,amended n,modified from time,o time:and if the Principal shall!nuemnify and save harmless City and all o|City'n officers,agents and employees(heteinafter collectively referred to as"Obligees")fromany arid all losses,liability and damages, claims,judgments,stop notices,fees and costs of every description,whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of(fie Principal in the performance o[any or all o('he terms ur the obligations of the Contract, including all alterations, amendments and modifications thereto,and any warranties or guarantees required thereunder,then this obligation shall be void: otherwise,i<shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that nn adjustment o/the lime o,price in the Contract u'any alteration,change,deletion,addition or other modification to the Contract,or the work to be performed thereunder,shall in any way affect,limit, resWct,impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price,and any other alteration,change, do|etion.addition or other moddficaiuntu the Coo|/ac^ ur the work Vnheperformed thereunder,and agrees /5-4594///r/74 Bond No. 30154018 to automatically adjust the penal sum of this Bond to reflect such adjustments,alterations,changes, deletions,additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: May 31,2022 ATTEST Orion Construction Corporation fCnrporxte Seal) (Principal Name) W&III� Title: President . ATTEST Western uret Company (Corporate eal) (Surety Name) BY' T Name: rence F.McMahon.Attiamey-on-Fact ( nature o1 Attorney-n-Fact for Surety) Ar (Attach Attorney-in-Fact Certificate) tf 1 g 6.82-3510 (Area Code&Telephone Number!or Surety) APPROVED AS TO F .•^ QM heel E.Gals,City Alto mey j . Notes This bond must be executed in duplicate and dated,all signatures must be no!artzed,and ovidencrr of the autt ify of any person signing as attomoy-in•fact must be attached. PERFORMANCE BOND Page 2of2 1 5-4 5 94/1 1111 74 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document,to which this certificate is attached,and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of San Diego On MAY 3 12022 before me, Maria Guise Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Lawrence F. McMahon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personWh whose nameN is/#f# subscribed to the within instrument and acknowledged to me that he/###/XYl#y executed the same in his/)1#//,W/Wf authorized capacityo##), and that by his/H#t/#A*signature(IQ on the instrument the person& or the entity upon behalf of which the person* acted, executed the instrument. MAR1A GuiSE COMMISSION#2283717 3 e I certify under PENALTY OF PERJURY under the laws of E : Notary Public-California 3 ORANGE COUNTY the State of California that the foregoing paragraph is true My Comm.Expires Apr.14.2023 and correct. Witness my hand and fficial seal. Signature Place Notary Seal Above SigrIlsiture of Notary Public Maria Guise OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General 9 Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Surety Company Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Lawrence F Me Mahon, Sarah Myers, Janice Martin, Christopher J Conte, Lilia De Loera, Individually of San Diego,CA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confined. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of July,2021. FTyw� WESTERN SURETY COMPANY Q'4oQ,PORq 3Wt iZ{ = r�`SEAV•AV / tit%�P••'P•" 'aul T.Brutlat.Vice President State of South Dakota ss County of Minnehaha On this 16th day of July,2021,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal,that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to he the act and deed of said corporation. My commission expires ""`""""'"""""""""`"`+ M.BENT ,sFb- TAHY PUBLICI March 2,2026 sOUTH DAKOTA° M_Bent,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of W ESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof f have hereunto subscribed my name and affixed the seal of the said corporation this 31 st day of May,2022. Er' WESTERN SURETY COMPANY ................ oo �W�j''pP ORq"•t"lo; TN OAK,:�'• �µ11NN L.Nelson,Assistant Secretary Form F4280-7-2012 Go to www.cnasuretv.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. ACKNOWLEDGMENT A notary public or other officer completing this certificate verges 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_ San a e y O } J On O /��/a��� before me,Richard Gregory Newhall - Notary Public (insert name and title of the officer) personally appeared l �'G �� �� `✓��s�� �r�� ���SrV�� 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/shetthey executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s., .,�>, RICHARD GREGOftY NEWFiAII Notary Public•California - San Diego County Commission#2399561 Comm.Expires Apr 30.2026 r Signature {Seal) Executed inDuplicate Bond No.30154018 Premium Included in Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PFR80N38YTHESEPRESENTS Vm iEREAS City u(Huntington Beach(h ft referred to as"City')has d to Orion Construction Corporation rive.Vista-CA 92081 (narne and address of Contractor) (hereinafter rehrred to as'Principal" ("Contract*)for the workdeoch as follows: Ilen Storm Drain Trash Remgval PrQ'pct C.Q. ...... (Project Title) WHEREAS, Principal is required unda,U`e terms ofthe Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by /o°, by m uv|y admitted surety .naum`, under the |o^m of the State of California (hereinafter referred to as 'Surety"); and Surety i: certified and listed in the US Department uf the Treasury Circular 57O.and has provided proof of sufficient bonding limitation as shown in said circular to provide bonds in the mnxmnt required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as frorn A M Best, Moody'oo/ Standard&Poo/x tw validate that Surety has positive ratings of being secure nr stable;and Surely ia registered and listed*itn the California Department nfInsurance. NOW THEREFORE,we,the undersigned Principal,and Western Surety Company (name and address of Surety) xo Surety,are held and firmly bound unto City r the penal sum m doVars,($, .000-00 this amount being not less than one �—undred percent(100%)of the total price' set forth in the Contract,in lawful money of the United States of America,for the payment of which sum,well and truly to be made,we bind ourselves,and each of our heirs, executors,administrators,successors,and assigns.jointly and severally,firmly by these presents. THE CONDITION UF THIS OBLIGATION |G SUCH THAT,U the Principal, his, tier,n,its heirs,executors, administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named inSection 3181 uY the California Civil Code("C| ^ for all labor,materials o,services used or reasonably required for use in performance of the work described in the Cuntmd,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant,or prevailing wages due and penalties incurred pursuant tn Sections 1774. 1775' 1V13nr1815nf the Labor Code,u,any amounts required tobw deducted,withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 1302Ouf the Unemployment Insurance Code with respect to the work or labor performed under the Contract,Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Sertion 3181 of the California Civil Code oneuto give a right of action m such persons n/their assigns. in case any action iv brought upon this bond, Surety further agrees tn pay all court costs and n reeoommb|eeMomey'm fee in an amount fixed by the court. yAYNIENTBOND Page \ o[2 Surety stipulates and agrees,for value received,that no change,extension of time,alteration, addition or modification to the terms of the Contract,or any contract document or any work to be performed thereunder,whether made after notice or not,shall in any way affect,impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, extension of time,alteration,addition,or modification to the terms of the Contract,the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code§§ 2845 and 2849 IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duty authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or property execute this bond. Dated: May 31,2022 ATTEST Orion Qonstructign QorpQrgtion (C,orporate Seal) (Principal Name, By.___ ' —•�'-3_ Name,.-RichiardLDwsing_ Title: President ATTEST vzwsler._ urety Company._ (Corporate, Seal) _ (Surety Name) By: Nam ewrence F.McMahon.Attorney-in-Fact gnature of Attorney-in-Fact fo•Surety) (Attach Attorney-in-Fact Certificate) 61 _ta82 3510_ _.a {Area Coce&Telephone Number for Surety) APPROVED AS T M: Michael E.Gates, ity ttorney A. Note: This bond most be executed in dupiicete and dated,ail signatures must be notarized,and evidance of the authority of any person signing as attorney-in-fact must be attached PAYMENT BOND Page 2 of 2 i 5-4 5 94/1 1 73 5 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code§ 1189 Fthe otary public or other officer completing this certificate verifies only the identity of the individual who signed document,to which this certificate is attached,and not the truthfulness,accuracy or validity of that document. STATE OF CALIFORNIA } County of San Diego J On MAY 3 12022 before me, Maria Guise Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Lawrence F. McMahon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(## whose name(/$]] is/#f# subscribed to the within instrument and acknowledged to me that he/#ff#lt► #y executed the same in his/H#f/,tffflf authorized capacityq#Q, and that by his/n###W signature(/Q on the instrument the person ffl, or the entity upon behalf of which the person* acted, executed the instrument. ;ARIA GUISE E •° COMMISSION#2283717 3 1 certify under PENALTY OF PERJURY under the laws of E Notary Public-California 3 the State of California that the foregoing paragraph is true ORANGE COUNTY and correct. My Comm.Expires Apr.14,2023 Witness my hanM_daleal. Signature Place Notary Seal Above Signat re of Notary Public Maria Guise OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General R1 Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRlNT ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Surety Company Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By Fhese Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Lawrence F Me Mahon, Sarah Myers, Janice Martin, Christopher J Conte, Lilia De Loera, Individually of San Diego,CA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders ofthe corporation, In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of July,2021. 41 REr....o= WESTERN SURETY COMPANY �QroQPORgl yla ku,d"•... P,e uuomn Paul T.Bnlflat,Vice President State of South Dakota ss County of Minnehaha On this 16th day of July,2021,before me personally came Paul T. Bruflat,to me known,who.being by me duly sworn,did depose and say� that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument,that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal,that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. •,,,,,,, ,,,,,,,,,,,,— My commission expires M.BENT ` ;NOTARY PUBLICS as` SOUTH DAKOTA March 2,2026 M Bent,Notary Public CERTIFICATE 1,L.Nelson,Assistant Secretary of WF•STERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 3 Is(day of May,2022. = SpRE1 o4-s WESTERN SURETY COMPANY ?W� _ L,Nelson,Assistant Secretary Form F4230-7-2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer,or any Vice President, or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 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 S�n a�e f U County of ) On �/ aO a Z before me,Richard Gregory Newhall - Notary Public (insert name and title of the officer)�/ _/ personally appeared Pic�ard Do�Si Q�Ia�T ����CYC�/I 74- who proved to me on the basis of satisfactory evidence t6be the person(s)whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the Instrument. I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. RICHARO GREGORY 14 L Notary Public-California `:0----1'- My San Diego County Commission*2399561 Comm.Expires Apr 30.2026 Signature (Seal)"' Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Wine,legal stains and addremv) (,'Jenne,legal status and principal place of husinec.+) Orion Construction Corporation Western Surety Company This docume nt has important 2185 La Mirada Drive 151 N. Franklin Street legal consequences.consultation Vista, CA 92081 Chicago, IL 60606 with an attorney is encouraged with respect to its completion or OWNER: modification. (.Waite,legal status and address) Any singular reference to City f Huntington Beach contractor,Surety,Owner or ry oother party shall be considered 2000 Main Street plural where applicable. Huntington Beach, CA 92648 BOND AMOUNT: $ 10% Ten Percent of Amount Bid PROJECT: (Name.location or address and Project number,ifant) MCCALLEN STORM DRAIN TRASH REMOVAL PROJECT-On Delaware street adjacent to McCallen Park: Project No. CC 1588 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,adtninistratom successors and assigns;jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such tine period as may be agreed to by the Owner and Contractor,and the Contractor either(I)enters into a contract%pith the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the IWject and otherwise acceptable to the 0«7ter,for the faithful perfonnance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to per-limn the work covered by said bid,then this obligation shall he null and void,otherwise to remain in 1611 lorce and ellect.The Surety hereby waives any notice ol'un agreement between the Owner and Contractor to extend the time in which the 0%,aier may accept the hid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time fior acceptance UI'bids tipeeilied in the bid documents.and the O%ener and Contractor shall obtain the Surety's consent An an extension beyond sixty(60)days. If this Bond is issued in connection with n subcontractor's bid to a Contractor,the temi Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply xwith a statutory"or other legal requirement in the locution ol'the Project,any provision in (his Bond conflicting%vith said statutory or legal requirement shall be deemed deleted herelrom and provisions conlbrnting it)such statulor;"or Usher legal requirement shall be deemed incorporated herein.When so lumished,the intent is that this ilond shall be cnNinied as a siututc and not as Fcom on law bond. Signeda d scaled tl s 12day April, 2022 Orion Construction Corporation (Principal) (Seal) �0.r�tS(l �lewerl\ By: ('Twe) Mark Dowsing Engineering Manager �4/µ % Western Surety Company A�Q�y.�"" •..o tr 0 ;S \\ f / lac/'✓`� (Su y (Seal y 4,o A,q�41PS Janice Maftin B 'z«s SE A4 role awrence F. McMahon Attorney-in-Fact ajM Bpk�~ '„iarnum� c� S-0054/AS 8/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of San Diego ) On APR 12 2022 before me, Natassia Kirk-Smith, Notary Public Date Here Insert Name and Title of the Officer personally appeared Lawrence F. McMahon 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 ,t o� NATASSIA KIRK-SMITH ' u � Notary Public-California Z Orange County T t Commission#225381��2 Signa re My Comm,Expires Aug 12, ignature o ary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Lawrence F. McMahon Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual Z Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and sea]herein affixed hereby make,constitute and appoint Lawrence F.McMahon,Individually of,San Diego, CA its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- Surety Bond No.: Bid Bond Principal: Orion Construction Corporation Obligee: City of Huntington Beach and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Anomey is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders ofthe corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of June,2021. 4ry� WESTERN SURETY COMPANY 0 J'P Y 4op�0lyfiw s r aul T.Bruflat,Vice President State of South Dakota ss County of Minnehaha On this 16th day of June,2021,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument: he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. • s My commission expires M.BENT ran.n� oN000 March 2.2026 M.Bent,Notary Public CERTIFICATE L L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Lew of the corporation printed on the reverse hereof is still in force. In testimony whereof l have hereunto subscribed my name and affixed the seal of the said corporation this 12th day of April,2022. WESTERN SURETY COMPANY ��a�t•oi1q, CA Form F4280-7-2012 �Is,, Secretary Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of��_,n 7�_)_t ECK-3 ) h\ �1 On Pjaf-1` t' �S—Z before me, , `\ ` `t Date Here Insert Name and Title of the Officer personally appeared OLY 7E: Name(s) of Signers 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 hand d offici seal. *my SARAN A.NEWELL Notary Public-CaliforniaSan Diego County Sign e Commission#2377406 Comm.Expires Oct 4,zoz5 ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages. Signer(s) Other Than Named Above: Capacity(ies) Claimed-by Signer(s) Signer's Name: 1 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General El El in Fact El Individual El Attorney in Fact El Trustee ❑ Guardian or Conservator ❑Trustee El Guardian or Conservator ❑Other: Li er: Signer Is Representing: Signer rs_Ri resenting: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 ' it x; OFFICIAL BID SECURITY- DO NOT OPEN Project Name: McCallen Storm Drain Trash Removal Project CC M 1588 Bid Opening Date: April 14, 2022 at 2:00 p.m. Submitted by: OR101V f.t SASH!?! CO IVSTRUCTIa/V CORPORATION w t A � $ r J i ORIGIN ID:CLDA (760)597-9660 SARAH NEWELL SHIP DATE:12APR22 ORION CONSTRUCTION ACTWGT:0.25 LB 2185 LA MIRADA DRIVE CAD:8910583/INET4460 VISTA,CA 92081 UN T STATES, BILL SENDER 4 TO ATTN: PUBLIC WORKS CITY OF HUNTINGTON BEACH w s 2040 MAIN STREET 0 HUNTINGTON BEACH CA 9264 (714)3741735 8 n' NV REF: u Poi ] IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIII 0 � I � ' I 1 I I Express 1 I 1 nE2 ; v I I ri h 1 FedEx THU — 14 APR AAA i0A aZo" 7765 6015 0228 PRIORITY OVERNIGHT HT V 92648 9 48 WZ APVA CA—US SNA w � IA C, •4143904 04/13 SSDJ2/BDF9/FE9R t hipping ant here. l City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov ' .,FE,B "�jg09,�� ♦ Office of the City Clerk Robin Estanislau, City Clerk July 14, 2022 Orion Construction Company Attn: Mark Dowsing 2185 La Mirada Drive Vista, CA 92081 Re: McCallen Storm Drain Trash Removal Project—CC No. 1588 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincere ��dnoj," Robin Estanislau, CIVIC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) HECITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: Z7-11 y J2 2 SUBJECT: Bond Acceptance I have received the bonds for camLYE- '( _2 (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 3o15yOl o Payment Bond (Labor and Materials) Bond No. 301 S4/O19 Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved sf V 22 p (Council Approval Date) CC No. 15$0 Agenda4tem No. .22- 3&&— MSC No. City Clerk Vault No. loo D. 5-0 Other No. SIRE System ID No. 57182,45- g:/forms/bond transmittal to treasurer UNSUCCESSFUL BIDS CC No. 1588 McCallen Storm Drain Trash Removal Project City of Huntington Beach - , u 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FFe• 9,PD. � Office of the City Clerk fl,190 Robin Estanislau, City Clerk July 14, 2022 Bonadiman Water, Inc. 4517 Wade Avenue Perris, CA 92571 RE: McCallen Storm Drain Trash Removal Project—CC No. 1588 Enclosed please find your original bid bond for CC No. 1588. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Bond No.: CMGB00013539 %SAIA Document A31 0TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place BONADIMAN WATER,INC. of business) 4517 Wade Ave Argonaut Insurance Company This document has important legal Perris CA 92571 c/o CMGIA consequences.Consultation with 20335 Ventura Blvd.,Suite 426 an attorney is encouraged with Woodland Hills,CA 91364 respect to its completion or modification. OWNER: Any singular reference to (Name, legal status and address) Contractor,Surety,Owner or City of Huntington Beach other party shall be considered 2000 Main St plural where applicable. Huntington Beach CA 92648 BOND AMOUNT: Ten Percent of Their Greatest Amount Bid ( 10% of G.A.B.) PROJECT: (Name, location or address, and Project number, if any) Mccallen Storm Drain Trash Removal Project, CC No. 1588 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 11th day of April , 2022 BONADIMAN WAT 6,Q OLA2ripri 4.(,�� ." 00411 P�(Z A CC* (Principal) (Seal) (Witness) (Title) I AlbolpaWsuryaw1com ny _ '*See Attached Notary Acknowledgment " (Seal) (Witness) (Title) tep anie Hope Shear Attorney-in-Fact CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. AIA Docment A310--2010.Copyright®1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA'' Init. Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA''Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. / Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. 0G7110 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. State of California County of Riverside On 04/12/2022 before me, Penney Paulson,Notary Public (Here insert name and title of the officer) personally appeared Leon Lopez who proved to me on the basis of satisfactory evidence to be the personN whose name(V is/subscribed to the within instrument and acknowledged to me that he/ executed the same in his/lZ £Xauthorized capacityO}, and that by his/Y*e I&signatureW on the instrument the person(*, or the entity upon behalf of which the personM 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. WITNXrd official seal. PENNEY PAULSON W COMM. #2369981 coNOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY m (Notary Seal)Signature of u is My Comm.Expires Aug.6,2025 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a Bid Bond document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in City of Huntington Beach California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages 11 Document Date 4/11/22 signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/t�,is/ere)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. R Corporate Officer • The notary seal impression must be clear and photographically reproducible- President Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk- El Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com Bond No.: CMGB00013539 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint: Gabriella Grady Shilo Lee Losino Stephanie Hone Shear Elizabeth Santos.Stacey Garcia,Matthew Dionisio Their true and lawful agent(s)and attomey(s)-in-fact,each in their separate capacity if more than one is named abovq:to make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity and othe amdertal ings in suretyship provided, however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:4 �s $15.000.000.00 r This Power of Attomey is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the given'power of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings_and;contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Argonaut Insurance Company has caused its DfficiaFseal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 1st day of June,2021. _ Argonaut Insurance Company �\�St1RA�yccc - � T� a SEAL: by: tea8 s .: IN4s' Y' STATE OF TEXAS Joshua C.Betz Senior Vice President ti COUNTY OF HARRIS SS: �.1, •"���''`,, On this 1st day of June,2021 A.D.befo a me,allotary Public of the State of Texas,in and for the County of Hams,duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of same,and being by me duly sworn,deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the:preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board of Directors of saidtompany,xefen•ed to in the preceding instrument is now in force. I(,Nvi IN TESTIMONY`WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. 1 t(3 t n�1 Y1.`�Y�auJtn K ATHLEEN M t.AEEKS .x�"Fps NOTARY PUBLIC STATE OF TEXAS MY COMM.EXP.07/15/25 NOTARY ID 557902-8 (Notary Public) I,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 11th day of April 2022. su t— = • 6 ��1NO:5' Y, James Bluzard Vice President-Surety ,........... IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(833)820-9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On APR.112022 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hope Shear Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the.State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -- i LUCAS PATTERSON Notary Public-California Signature Los Angeles county Commission a 2392264 - Signature of Notary Public My Comm.Expires Mar t9,2025 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docum or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Docume ate: Number of Pages: Signer(s) Other Than Named Abov Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorne ' act ❑Individual ❑Attorney in Fact ❑Trustee ❑G tan or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is esenting: Signer Is Representing: 02014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 x �o Q M W Q m U O W Q Z C m CA_ he Z Z = y p O Z H LL 3 Q Z } U F- co Z U d N x a 0 a Z > 0 a E O CO to Z 0) N O c N O m tz N 0 N L Q I E O O C oU Ema � n 'a O co 4A Q ca (D c C a > m bO m � a Z Ln IL u. ouv 0 d u co ' City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FFB. j9p9 " Office of the City Clerk Robin Estanislau, City Clerk July 14, 2022 GCI Construction, Inc. 1031 Calle Recodo, Suite D San Clemente, CA 92673 RE: McCallen Storm Drain Trash Removal Project—CC No. 1588 Enclosed please find your two original bid bonds for CC No. 1588 Sincerely, 7�61 Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Bid Bond Bid Bond Number:CSBA-20493 CONTRACTOR: SURETY: (Name,legal status and address) (Name, legal status and principal place of business) GCI Construction,Inc. Harco National Insurance Company 1031 Calle Recodo,Ste.D 2400 E.Katella Ave.,Suite 250 San Clemente,CA 92673 Anaheim,CA 92806 OWNER: This document has important legal (Name,legal status and address) consequences.Consultation with City of Huntington Beach An attorney is encouraged with respect 2000 Main Street its completion or modification. Huntington Beach,CA 92648 Any singular reference to Contractor,Surety,Owner or other party shall be considered Plural where applicable. BOND AMOUNT: Ten Percent(10%)of Amount Bid PROJECT:McCallen Storm Drain Trash Removal Project - CC No. 1588 Project Number,if any: The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 12th day of April.2022 GCI Construction Inc. (Principal) (Seal) (Witness) (Title) G��J Harco National Insurance Company le 44-�- (Surety (Seal) (Witness) R. app �chael D.Stong, .tt ney-in-Fact By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers(NASBP)(www.nasbp.o )makes this form document available to its members,affiliates,and associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that t the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. All-purpose Acknowledgment California A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 04/13/2022 before me, Ahmad Iftikar, Notary Public (here insert name and title of the officer), personally appeared Alan Aristondo 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 k: MMADiFnKW signature(s) on the instrument the person(s), or the entity upon iL COMM.#2298737 �n .,; NOTARY PUBLIC-CAUFOFVGA behalf of which the person(s) acted, executed the instrument. _ QPANMCOUM My commission Expires 07/26PAN +.•.uu•os•nn•unuumumu s I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Seal WITNESS my hand and official seal. Signature For Bank Purposes Only Description of Attached Document Type or Title of Document Bid Bond Document Date Number of Pages Signer(s) Other Than Named Above Account Number(if applicable) F001 - 000DSG5350CA - 01 DSG5350CA/595577(Rev 05-05/21) 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 Riverside ) On April 12, 2022 before me, R. Nappi "Notary Public" (insert name and title of the officer) personally appeared Michael D.Stong 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. orT R.NAPPI WITNESS my hand and official seal. Notarypublic-California z Riverside County Commission#2327975 My Comm.Expires Jun 7,2024 Signature (Seal) POWER OF ATTORNEY Bond No.CSBA-20493 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of[AT Insurance Group, Headquartered: 4200 Six Forks Rd,Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark,New Jersey,do hereby constitute and appoint BEN WOLFE, MICHAEL D. STONG, CHELSEA ARNOLD, BEN STONG, DWIGHT REILLY, DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI Orange, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed, required or permitted by law,statute, rule, regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking, recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2021 �,,..• •.,,•• �p�,1NSL9 `•.. yl'��j STATE OF NEW JERSEY STATE OF ILLINOIS ;0?W°Nia���;: County of Essex County of Cook 0 cPSEAL *` M _= SEAL o" 1904 n // s.J; tObs J a !E Kenneth Chapman Executive Vice President,Harco National Insurance Company ...... and International Fidelity Insurance Company On this 31st day of December,2021 before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. .``"�""'•, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,at the City of Newark, .. ...A:,.. New Jersey the day and year first above written. h.u°,tOTAq�co•:lnL Z Jh4l� +lcW ERcS� � Shirelle A.Outleytleyy a Notary Public of New Jersey My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has net been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day,April 12th, 2022 A00835 a 41� Irene Martins,Assistant Secretary N J 1 7 U � _Z �^ Z oQ o U U N ai ] ¢ c d d F aEi Z �U Q C U �� 2000 Main Street. Huntington Beach, CA 92648 City of Huntington Beach f�'pR0✓ED 7-0 File #: 22-365 MEETING DATE: 5/3/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager VIA: Sean Crumby. Director of Public Works PREPARED BY: Eduardo Cerda, Civil Engineering Assistant Subject: Accept the lowest responsive and responsible bid, approve appropriations and authorize execution of a construction contract with Orion Construction Corporation in the amount of $747,000 and appropriate funds for the McCallen Storm Drain Trash Removal Project CC-1588. Statement of Issue: On April 14. 2022, bids were received for the McCallen Storm Drain Trash Removal Project, CC- 1588. City Council action is requested to award the construction contract to Orion Construction Corporation, the lowest responsive and responsible bidder. Financial Impact: Total project cost, including contingency and supplemental expenses, is $971 ,100. The City has been awarded a grant through OCTA in the amount of S500,000 to offset this cost. The project will be included in the proposed FY 2022/23 Capital Improvement Program. However, one of the stipulations of the grant is that the contract be awarded by the end of the current fiscal year. The grant funds will be budgeted in the proposed FY 2022/23 budget in account 127585101 .82500. Matching funds in the amount of $310,000 will be budgeted in the proposed FY 2022/23 budget in Infrastructure Fund account 31440006.82500. Additionally, staff requests an appropriation of $161 ,100 to Drainage Fund account 21185201 .82500, which will be carried over into the new fiscal year. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Orion Construction Corporation in the amount of $747,000, and B) Appropriate $161,100 in additional funding from the Drainage Fund to account 21185201.82500, and C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. City of Huntington Beach Pagel cf 3 Pnnfed on 427/2022 140 . File #: 22-365 MEETING DATE: 5/3/2022 Alternative Action(s): Reject all bids, or provide staff with alternative action. Analysis: The McCallen Storm Drain Trash Removal Project proposes to install a StormTrap trash removal device under Delaware Street and adjacent to McCallen Park. The proposed structure will intercept trash from a 93" storm drain mainline that runs along Delaware Street, conveying storm flows and urban runoff from a 382 acre watershed. The project is necessary to comply with the State's trash provisions requiring cities to implement trash removal devices that remove trash that is 5mm or greater in size from the storm drain system. In addition, the City applied for and was awarded a grant through OCTA in the amount of $500,000. Bids were received on April 14, 2022, with the following results: BIDDER'S NAME BID AMOUNT GCI Construction, Inc $584,918 (Bid Withdrawal) Orion Construction $747,000 Corporation BONADIMAN WATER $953,860 The apparent lowest bid was submitted by GCI Construction. On April 20, 2022, GCI Construction submitted a Letter of Withdrawal due to an error on their bid sheet. Therefore, GCI Construction is considered nonresponsive. Staff recommends awarding a construction contract to Orion Construction Corporation in the amount of $747,000. The total project cost is estimated to be $971,100, which includes the construction contract bid amount above, construction management and inspection, supplementals, and 20% construction contingency. Public Works Commission Action: The Public Works Commission reviewed and approved CC-1588 on March 16, 2022. Environmental Status: The project is categorically exempt pursuant to Class 1 , section 15031 b of the California Environmental Quality Act. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1 . Vicinity Map City of Huntington Beach Page 2 of 3 Printed on 4/272022 o werel41!Legistar^ File #: 22-365 MEETING DATE: 5/3/2022 City of Huntington Beach Page 3 of 3 Printed on 4272022 oowereW Legistar^ tea. �o VV) N V) BOLSA AVE NTS x m Mc FADDEN AVE. U O Z (n EDING R AVE. /F Elo w Q Q E1 V)HEIL ¢ ~ AVE. m m o m z 3 m a WAR ERN o z J w O a SLATER U. CD AVE. 405 TALBERT AVE. \ PACIFIC ,o 9 c')c ELLIS AVE. 1 GARFIELD AVE. L (n V) o rn cn cn cn m 0 �� YORKTOWN AVE. 3 o N AD MS g AVE. PROJECT LOCATION ° op a�� Y z 9 . Oj DELAWARE ST g INDIANAPOLIS AVE. LF x (n ATLANTA AVE. m a o am J m Y HAMILTONz ¢ 0 m y�Y BANN NG OCEAN AVE. REV 4/12/22 MCCALLEN STORM DRAIN TRASH REMOVAL PROJECT PROJECT VICINITY MAP 0LA.4 ,ff CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 OF 1 Emat.F' :3/i3/a� ►pub : �3�1a} SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of MCCALLEN STORM DRAIN TRASH REMOVAL PROJECT CC No. 1588 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 2:00 PM on April 14, 2022, on the City's PlanetBids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal website at: httys://www.r)lanetbids.com/portal/p2rtal.cfm?CompanvlD=l 5340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at: https://www.planetbids.com/portal/t)ortal.cfm?ComppylD=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on A-1 the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. For electronic submittal of bids. the bid security must be received at the City of Huntington Beach Public Works Office, 2000 Main Street, no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows: OFFICIAL BID SECURITY - DO NOT OPEN Project Name: McCallen Storrs Drain Trash Removal Project CC #: 1588 Bid Opening Date: April 14, 2022 at 2:00 p.m. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A — General Engineering Contractor, at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: Construction and installation of a trash removal device in-line system (frashTrap) on Delaware Street adjacent to McCallen Park. The device is an extra-large fixed basket designed to remove trash/debris larger than 5mm in sire. The contract shall allow the Contractor DAYS(50) working days to complete the contract. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH. CALIFORNIA. the 29th day of.lune 2020, by Resolution No. 2020-39. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 Moore, Tania From: Christine Gonzalez <cgonzales@scng.com> Sent: Thursday, March 17, 2022 4:21 PM To: Moore, Tania Cc: Switzer, Donna; Tanio, Chris; Cerda, Eduardo Subject: Re: NIEB - McCallen Storm Drain Trash Removal Project - CC-1588 Attachments: 11524741.pdf Cost $1,250.00, pub 3/24,3131 HB Wave There kill be a 4P,o cost increase on all ads as of 4/1/2022. OC Register Legal Advertising Sales Coordinator Chrissy Gonzalez 1 771 S. Lewis St. Anaheim, CA 92805 714-796-6736 M-F 8:00 a.m. - 4:30 p.m. Lunch 12 Noon to 1 :00 p.m. Closed Sat. and Sun. On Thu, Mar 17, 2022 at 2:47 PM Moore, Tania <Tania.Mooreasurfcity-hb.org> wrote: Hi Chrissy, Please publish the attached Notice Inviting Electronic Bids in The Wave on 3/24 and 3/31. Thank you, Tania Moore, CIVIC Senior Deputy City Clerk City Clerk's Office 714-536-5209 t tan ia.mooreCcDsu rfcity-hb.org 2 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of MCCALLEN STORM DRAIN TRASH REMOVAL PROJECT CC No. 1588 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH,as AGENCY, invites el�ci i n�ic�bids for the above stated Project and will receive such bids Prior to 2:00 PM on ABf11J4...2V2"L on the City's PlanetBids System Vendor Portal,at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and In bid an this protect via the Sitv's Plnet m?Bids System V ndor Portal website at: Mips:/www.Planetbitlirom/PortPl Porto Lc om PanvlD=1 3d0 Copies of the bid documents, including instructions to bidders, bidder Proposal form, and specifications mtlow,n,1 dedr fr2atr:t o 1.cfm?dMips://www. bidsmta/Po am PanVID-15340, Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the Provisions of the Labor Cade of the State of California, the minimum prevailing rate of Per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relation of the State of California, which are available online at www.di r.ca.",/DL R and also on file at the Office of the Director of Public Works, 2000 Main Street,Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the Provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin,ancestry,sex,or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY.The bid must be accompanied by a certified check,cashiers check,or bidders bond made payable to the AGENCY for an amount no less than 10% of the amount bid. For electronic submittal of bids,the bid security must be received at the City of Huntington Beach Public Works Office, 2000 Main Street, no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder,and the outside of the envelope must read as follows: OFFICIAL BID SECURITY-DO NOT OPEN Project Name: McCallen Storm Drain Trash Removal Project CC a: 1588 Bid Opening Date: April ld, 2022 a12:00 P.M. The successful bidder Shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractors License Class A - General Engineering Contractor,at the time of the bid opening. The successful Contractor and his subcontractors will be required to Possess business licenses from the AGENCY.All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: Construction and installation of a trash removal device in-line system (TrashTrap) on Delaware Street adiacent to McCallen Park. The device is an extra-large fixed basket designed to remove trash/debris larger than 5mm in size. The contract shall allow the Contractor DAYS (50) working days to complete the contract. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal Per the information Provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to reiect any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ER of the CITY COUNCIL of the CITY F HUNTINGTON BEACH,CALIFORNIA, It` RDday of June 2020.by Resolution No.211MR. At tes /s/Roin Estonislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntingto Beach Wave March 24,31,2022 11524741 Moore, Tania From: Christine Gonzalez <cgonzales@scng.com> Sent: Friday, April 1, 2022 10:33 AM To: Moore, Tania Cc: Switzer, Donna;Tanio, Chris;Cerda, Eduardo Subject: Re: NIEB - McCallen Storm Drain Trash Removal Project - CC-1588 Attachments: 11524741.pdf affidavit There µill be a 4% cost increase on all ads as of 4/l/2022. OC Register Legal Advertising Sales Coordinator Chrissy Gonzalez 1771 S. Lewis St. Anaheim, CA 92805 714-796-6736 M-F 8:00 a.m. - 4:30 p.m. Lunch 12 Noon to 1 :00 p.m. Closed Sat. and Sun. On Thu, Mar 17. 2022 at 4:21 PM Christine Gonzalez <caonzales(wscng.com> wrote: Cost $1,250.00, pub 3/24.3/31 HB Wave There µ'ill he a 4% cost increase on all ads as of 4/l/2022. OC Register Legal Advertising Sale% ( 'oordinator Chrissy Gonzalez 1771 S. Lewis St. Anaheim, CA 92805 714-796-6736 M-F 8:00 a.m. - 4:30 p.m. Lunch 12 Noon to 1 :00 p.m. Closed Sat. and Sun. On Thu, Mar 17, 2022 at 2:47 PM Moore, Tania <Tania.Moore(&..surfcity-hb.org> wrote: 1 Ili Chrissv, Please publish the attached Notice Inviting Electronic Bids in The Wave on 3/24 and 3/31. Thank vou. Tania Moore. CIVIC Senior Deputy City Clerk City Clerk's Office 714-536-5209 tania.moore surfci -hb.or 2 Huntington Beach Wave 1771 S. Lewis Street Anaheim, CA 92805 714-796-2209 5190751 HUNTINGTON BEACH, CITY OF PROOF OF PUBLICATION CITY CLERK DEPARTMENT 2000 MAIN ST Legal No. 0011524741 HUNTINGTON BEACH, CA 92648-2763 NO. CC-1588 McCallen Storm Drain Trash Re AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 03/24/2022, 03/31/2022 1 certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: March 31, 2022. C, K �A-�Uoaj Signature SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of MCCALLEN STORM DRAIN TRASH REMOVAL PROJECT CC No.1588 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH as AGENCY, invites electronic bids for the above stated Project and will receive such bids Prior to 2:00 PM on April 14, 2022,on the City's Planet Bids Ztem Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this Project via the City's Planet Bids System Vendor Portal website at: http5://vr Planetoids.corryportal(portal.cfm?Company!D_15340 Copies of the bid Documents, including instructions to bidders, bidder proposal form, and speci fi ations may be downloaded free at: https;f/www.ptonetb_igs_com/portal/pOrtal_cfm?CompanylD=15340. Bidders must first register as a vendor on the City of Huntington_Beach-Planet B ids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. Any contract entered into pursuant to this notice will incorporate the Provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California. which are available online at www.dir.co.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street,Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute on escrow holder surety of equal value to the retention in accordance with the Provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. For electronic submittal of bids,the bid security must be received at the City of Huntington Beach Public Works Office, 2000 Main Street, no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must rend as follows: OFFICIAL BID SECURITY-DO NOT OPEN Project Name: McCallen Storm Drain Trash Removal Project CC a: 1568 Bid Opening Date: Agri 114,2022 a12:00 P.M. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A - General Engineering Contractor ,at the time of the bid opening. The Successful Contractor and his subcontractors will be required to Possess business licenses from the AGENCY. All extension of unit prices will be subiect to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: Construction and installation of a trash removal device in-line system (TrashTrap) on Delaware Street adjacent to McCallen Park. The device is an extra-large fixed basket designed to remove trash/debris larger than 5mm in size. The contract shall allow the Contractor DAYS(50) working days to complete the contract. All questions related to this bid solicitation must be submitted through the City's Planet Bids System Vendor Portal Per the information Provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlanelBids system. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement fora maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 291h day of June 2020_,by Resolution No. 202039 . AftCst: /s/Robin Estanislau C ITY CLE RK OF THE CI TY OF HU NTI NGTON BEACH Published Huntingto Beach Wave March 24,31,2022 11524741 ,iv+-,viv,e 2