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Stance Construction Company - 2022-12-20
REC IVED BY: C CITY CLERK RECEIPT COPY `"'�1 \ Return DUPLICATE to City Clerk's Office (Name) _ after signing/dating . A 3 (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: �" ��I.Z023 SUBJECT: Bond Acceptance I have received the bonds for (_ 5Asc Y2Jf75(f 2 �m,04ncji in& (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. PP1O/OODOto 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 /2/2t'/2z (Council Approval Date) CC No. Agenda Item No. ° ` w `A/ MSC No. _ City Clerk Vault No. /vo0 • So Other No. SIRE System ID No. (a/0/itiOe g:/forms/bond transmittal to treasurer i, © CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION DATE: 7/10/2023 TO: THOSE LISTED HEREON FROM: Max Olin, Contract Administrator SUBJECT: Retention Release Payment- PO#29179 OJ Supplier#77920 Co.#314 Zone 2 Resdiential Curb Ramps, Project#CC-1700 Contractor's Name: Stance Construction Company, Inc. Address: 5314 Mariner Lane City, State and Zip Code: Chino, California 91710-8628 Phone Number: (909) 551-5828 City Business License Number: A312783 Notice of Completion (Date by City Clerk): 5/2/2023 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 pay is made. Processing of the retention payment is recommended so long as no stop notices or out nding in oices are on file with the City. I certify that no stop notices are on file. 7/Lo/2o 2-3 --) Date Alvi Papa, Acting Director of Public Works I certify that there are no outstanding invoices on file. 1 l'1 13 C.tY}1 �t C�— Date Jo ce 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. 7// f'/a-a -3 e • - t z�--- Date Robin Estanislau, City Clerk 71 - 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 aRecorded in Official Records, Orange County 1 t Hugh Nguyen, Clerk-Recorder II II IIIIIII iIIIIOIi III 110111 UN NO FEE * $ R 0 0 1 4 3 3 3 7 .4 7 $ * i i PLEASE COMPLETE THIS INFORMATION 2023000102504 2:27 pm 05103/23 i i i 90 CR-SCO6 N12 1 RECORDING REQUESTED BY: 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 r I t I WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH i PUBLIC WORKS DEPARTMENT Attn:Max Olin • 1 P.O.Box 190—2000 Main Street Huntington Beach,CA 92648 i THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT I NOTICE OF COMPLETION t 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 Stance Construction Company,Inc.,who was the company thereon for doing the following work to-wit: Zone 2 Resdlentlal Curb Ramps,Project S CC-1700 1 That said work was completed 04/27/2023 by said company according to planscand specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by'the Director of Public on 04/27/2023,per City 1 Council Resolution No.2003-70 adopted October 6,2003. 1 1 That upon said contract Argonaut Insurance Company,was surety for the bond given by the said company as required by Law. i7 This document Is solely for the official business of the City of Huntington Beach,as contemplat a Blunder Government Code Section 27383 and should be recorded free of charge. ' S 1�� 4, Director of Publ orks or City Engineer Date City of Huntington Beach,California STATE OF CALIFORNIA) j • County of Orange )as: City of Huntington Beach ) I,the undersigned,say:I am an Agent of the Cily of Huntington Beach,owner In fee,in the foregoing NOTICE OF COMPLETION. t 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 •i regularly ordered to be recorded In the Office of the County Recorder of Orange County. 1 This document is solely the official business of _r� - s'> 1 h the Clty of Huntington Beach,as contemplated -6,Director of Public Works or City Engineer Date `+ under Government code section 27383 and should be recorded free of charm. City of Huntington Beach,California 1jj i THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 1 I i I i 'i Bond No:PPD0100006 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That Stance Construction Company (contractor's name) 5314 Mariner Lane Chino,CA 91710 (contractor's street address,city and state and zip code) as Principal (hereinafter called Contractor),and: Developers Surety and Indemnity Company (surety's name) 800 Superior Avenue E.,21st Floor, Cleveland, OH 44114 (surety's street address,city and state and zip code) a corporation organized and existing under the laws of the State of California with its principal office in the City of Irvine as Surety(hereinafter called Surety),are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Five Hundred Ninety One Thousand Two Hundred Seventy Six Dollars Dollars ($ 591 276.00 ), equivalent to the entire and zero cents 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, 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 DM.?U ,202?.entered into a contract with Owner for the CC-1700,Zone 2 Curb Ramp Installation 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 May3 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 3rd day of May ,20 23 01111101 Stance Construction Company 0 C Principal Raised Corporate Seal %` .4C .., /O°' [MUST BE AFFIXED] (Contractor Nam ) �efiPORq' % By: (Sealy V 3012020 f= . 041 =yam''`gi,F0���•:�a: Principal Raised Corporate Seal q� ,! ' 0%�� [MUST BE AFFIXED] o""'`.. (Title) Developers Surety and Indemnity Company ( urety Nam By: I) S y G a, ttorney-In-Fact APPROVED AS RM- B • NOTES: Ichael E. Ga es, City Attorney 1. Acknowledgments must be completed and returned }mi j as part of the bond. /1 a G 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 15-4584/118138 2 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane,43rd Floor,New York,NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that,except as expressly limited herein,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,do hereby make,constitute and appoint: Gabriella Grady,Stephanie Hope Shear,Elizabeth Santos,Stacey Garcia and Christopher Coronet of Woodland Hills,CA as its true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said companies,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every.act necessary,requisite or proper to be done in connection therewith as each of said company could do,but reserving to each of said company full power of substitution and revocation,and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is effective May 3,2023 and shall expire on December 31,2025. This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY(collectively,"Company")on November 3,2022. RESOLVED,that Sam Za7a Senior Vice President Surety Underwriting,James Bell Vice President,Surety Underwriting,and Craig Dawson Executive Underwriter Surety,each an employee of AmTrust North America,inc.,an affiliate of the Company(the"Authorized Signors"),are hereby authorized to execute a Power of Attorney,qualifying attomey(s)-in-fact named in the Power of Attorney to execute,on behalf of the Company,bonds,undertakings and contracts of suretyship,or other suretyship obligations;and that the Secretary or any Assistant Secretary of the Company be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney. RESOLVED,that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company,and the seal of the Company must be affixed to any such Power of Attorney,and any such signature or seal may be affixed by facsimile,and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this December 5,2022 .`•••• NSU� ,��': .`�••• •(AND/ �o'•. aEzPORq ��: � �GOit?O00000R4 O�?� Z • F. �� po .yam � : w SEAL 1936 Printed Name: Sam Zaza J•� AWP.4P" ' Jy•'c'9C/FOF °-*: , • Title:Senior Vice President,Surety '•, • * •• � ... '•��0•�.* ��••`�` • STATE OF California COUNTY OF Orange On this day of ��C Cif ,20 larbefore me, 1-A.0.11'Q---- - O personally appeared Sam Zaza who proved tome on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity,and that by the signature on the instrument the entities upon behalf which the person acted,executed this 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. , DIANE J.KAWATA Notary Public-California , �, , f(�� • Orange County Signature ",{"{ PVCL0-P �'+„a.�•'. Commission N 2284D27 My Comm.Expires Apr 28,2023 CORPORATE CERTIFICATION The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification. • This Certification is executed in the City of Cleveland,Ohio.this 22 day of November,2022. DocuSigned by: barn! AUSt,S By: _ 686415E7ADE54ac... Barry W.Moses.Assistant Secretary POA No. N/A Ed. 1 122 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Cr t !�c!c�r cG-aC,T0!� �c c�c e c �,.!s�c c,-c-5,c!s2c c c ,! .-%-.w.-.7crc c%-&;- !TN.Rc-w c� c!�.�. .t t!5. !s-c.. 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 ) MAY 0 3 2023 On before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stacey Garcia 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. I,' /=:= \ LUCAS PA,ERSO WITNESS my hand and official seal. ,.:'4 Notary Public-Caiifornia z -,!..f-.2..-V7pf Los Angeies Countyr. k , •. Commission=2:52264 `My Comm.Expires Mar 19,2025 Signature :•._. .,....,-, ,Z.s.,�;^ .,..; "t. Signature of Notary Public 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. state: 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 ❑Genera ❑Partner — ❑Limited ❑General ❑Individual ❑Attorne act ❑Individual ❑Attorney in Fact ❑Trustee ❑ - :Ian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is ' -• esenting: Signer Is Representing: G ti4�✓/A.✓,4V4i�4V:.✓4`✓/o;,,,4V 4:✓4.✓,4W..4.✓,4�✓X✓,4K✓.4,✓,4,✓4S✓K✓4S✓4S•X, 4,,,,4�44v4 4�✓/.�✓, ✓4\✓4K✓4.✓.4✓,4:✓/o::Y4�✓,4�4W4'v✓,4S•Y,: ik:4�✓4 ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CONTRACTOR'S CERTIFICATE I, Tahha Elsherif , state and certify that: (Name of Declarant) 1. Stance Construction Company is the general contractor to the City of Huntington Beach("City")on Contract No. CC1700 (the"Contract") for the construction of the public work of improvement entitled: Zone 2 Curb Ramps (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims; if none, write "NONE"): None 4. Attached hereto are the lien waivers required by the Contract Documents,which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California(list all disputed claims; if none, write "NONE"). None I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Chino, CA on this 2nd day of May , 20 23 . (Signature of Declaranif APPROVED AS �ORM Michael . Gates Citytt,Aorney 1 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: CC1700 Project: Zone 2 Curb Ramps 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 2nd day of May , 20 23 , at Chino , California. (Contractor Name) APPROVED 7TO FO By: 1Vli ael E. Gates Attorney 1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC 1700 Project: Zone 2 Curb Ramps 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 2nd day of May 20 23 at Chino , California. (Contractor Name) (U/ APPROVED By: Mic el E. Gates C4 Attorney 1 CONSENT OF SURETY OWNER TO REDUCTION IN OR ARCHITECT [) RELEASE OF RETAINAGE CONTRACTOR AIA DOCUMENT G707 A SURETY Omni ❑ PROJECT: Zone 2 Curb Ramp Installation,CC No. 1700 TO OWNER OR GENERAL CONTRACTOR: ARCHITECT'S PROJECT NO. City of Huntington Beach CONTRACT FOR: 2000 Main Street CONTRACT DATE: Huntington Beach,CA 92648 BOND NO.: PPDO100006 In accordance with the provisions of the contract between the Owner and the Contractor as indicated above,the {Men avert name and address of sort)'Compaml Developers Surety and Indemnity Company 800 Superior Avenue E,21st Floor Cleveland,OH 44114 ,SURETY, on bond of there insert nanrc sod address n(ConnaLan) Stance Construction Company 5314 Mariner Lane Chino,CA 91710 .CONTRACTOR, hereby approves the reduction in or release of retainage to the Contractor as follows: REDUCTION IN RETAINAGE TO 0% The Surety agrees that such reduction in or partial release of retainage to the Contractor shall not relieve the Surety of any of its obligations to Rune:men name and address of Owner) City of Huntington Beach 2000 Main Street Huntington Beach,CA 92646 OWNER as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 271h day of June 20 23 Developers Surety and Indemnity Company Surtty •: t pan Signature of Authorized Representative Witness: (Seal): Elizabeth Santos,Attomey-in-Fact AIA DOCUMENT G707A•CONSENT OF SURETY TO REDUCTION IN OR PARTIAL RELEASE OF REIAINAOE•JUNE 1971 ONE PAGE F.DrnON•AJAR'10 1971•THE AMERICAN INSTITUTE OF ARC ITECTs,1735 NEW YORK AVE.,NE,WASHINGTON.D.0 20006 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane 43rd Floor.New York.NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that,except as expressly limited herein.COREPOINTE: iNSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY do hereby make,constitute and appoint Gabriella Grady,Stephanie Hope Shear,Elizabeth Santos,Stacey Garcia and Christopher Coronet .of Woodland Hills,CA as its true and lawful Attorney-in-Fact to make.execute.deliver and acknowledge,for and on behalf of said companies,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney-in-Fact full power and authority to do aid to perfomt every act necessary,requisite or proper to be done in connection therewith as each of said company could do.but reserving to each of said company full power of substitution and revocation,and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is effective June 27,2023 and shall expire on December 31,2025 -- --This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors ofCOREPOlNTE INSURANCE,COMPANY and DEVELOPERS SURETY AND INDIAN[FY COMPANY(collectively."Company")on February 10,2023. RESOLVED,that 5p "Zara Prr„cjent Surety Underwriting,/antes Bell, Vice President,Surety Underwriting.and Crate Dawson. Executive Underwriter Surely.each an employee of AmTrust North America,Inc..an affiliate of the Company(the"Authorized Signors").are hereby authorized to execute a Power of Attorney.qualifying attorny(s)-in-fact named in the Power of Attorney to execute.on behalf of the Company. bonds, undertakings and contracts of suretyship,or other suretyship obligations:and that the Secretary or any Assistant Secretary of the Company be,and each of them hereby is,authorized Iq attest the execution of any such Power of Attorney RESOLVED.that the signature of'any one of the Authorized Signors and the Secretary or arty Assistant Secretary of the Company,and the seal of the Company must be affixed to any such Power of Attorney,and any such signature or seal may be affixed by facsimile.and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract ol'suretyship to which it is attached IN WITNESS WHEREOF.COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed liv the Authorized Signor and attested by their Secretary or Assistant Secretary this March 27.2023 sbybubyaaxe astsx,u,,,ej � �NSUPA eaa. .�`v41 / xe. By. ^ fy �t !G� N�1 �i ��`� �fi • AND HO.�� Printed Nam Sam Zaza \. F RP0/7r. r� Z SEALCJ • 0� = 1936 = 'Title: President Surety Undenvntmg -• ;A�� �. ; � cc: !F'O�•da ACKNOWLEDGEMENT %, ......•• ,`�. .���'� .. _•,'xxa.eea*sN.`.. axa�n t...... 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 this 27 day of March. 20 23 . before me. I ioang-Qtn'en Phu Pham personally appeared Sam Zaza who proved to me on the basis of sal isthctory evidence to he the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity.and that by the signature on the instrument the entities upon behalf which the person acted-executed this instrument. I certify.under penalty of minty.under the laws of the State of California that the foregoing paragraph is one and correct. WITNESS my hand and official seal �• a,°i+s HOANGQUYEN P.PHAM / r w Notary Public-California I rOrange County �� /' Commission H 2432970 .' My Comm.Expires Dec331,2024 I CORPORATE CERTIFICATION The undersigned the Secretary nr Assistant Secretary of COREPOiNTF INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the provisions of die resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as oldie date of this('ertitication. This Certification is executed in the City of Cleveland.Ohio,tfnis March 19.2023 r(�a°°vsivil'�by: By - e7 Yy11 W}} M Oc(S Briny W Moss..Assistant Secretary POA No N/A s,--686415E7ADE5d8C... DocuSignEnvetopelD:3352BFD6-5E9D-4796-837F_-C 1 E455E6530F Ed.0323 ACKNOWLEDGMENT • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 1 f 2-1l 2 OZ 3 before me, Rey M. Villa ��Y (insert name and title of the officer) personally appeared C 1 Go, 5°, 05 who proved to me on the basis of satisfactory evidence to be the person(s)whose names) is/are subscribed to the within instrument and acknowledged to me that he/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. 5�°r\ REY M.VILLA WITNESS my hand and official seal. _ Notary Public•California ''� a Ventura County Commission#2313886 My Comm.Expires Nov 26,2023 Signature / � 1 1� � (Seal) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) %, , CITY OF HUNTINGTON BEACH ,-., INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 4'// A2Z)23 SUBJECT: Bond Acceptance I have received the bonds for r,/eD'k Gf)! , ( p4/')t / if lJ • (Company Name) �J CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. P P T OI DOIVVo 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 /2/2-0/.20 _ (Council Approval Date) CC No. /W O n No. /0 yL/ MSC No. City Clerk Vault No. 6o D . S.O Other No. SIRE System ID No. 4ol4011/i6er g:/forms/bond transmittal to treasurer Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder II II III III I IIII II II llDllDUl II NO FEE * S R 0 0 1 4 3 3 3 7 4 7 $ * PLEASE COMPLETE THIS INFORMATION 2023000102504 2:27 pm 05103/23 90 CR-SCO6 N12 1 RECORDING REQUESTED BY: 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn:Max Olin P.O.Box 190—2000 Main Street 1 Huntington Beach,CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,Huntington Beach,CA 92648,that the contract heretofore awarded to Stance Construction Company,Inc.,who was the company thereon for doing the following work to-wit 1 Zone 2 Resdlential Curb Ramps,Project#CC-1700 That said work was completed 04/27/2023 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 work was accepted by the Director of Public Works on 04/27/2023,per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Argonaut insurance Company,was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 27383 and should be recorded free of charge. 4, Director of Pubi Works or City Engineer Date City of Huntington Beach,California STATE OF CALIFORNIA) • County of Orange )ss: City of Huntington Beach 4 I,the undersigned,say:I am an Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. This document is solely the official business of `r� the City of Huntington Beach,as contemplated 41 Director of Public Works or City Engineer Date under Government code section 27383 and City of Huntington Beach,California should be recorded free of charae. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Stance Construction Company FOR Zone 2 Curb Ramp Installation, CC-1700 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 Stance Construction Company , a California 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 Installation of curb ramps and adjacent concrete at maintenance zone 2 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 04/2016 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 Five Hundred Eighty Five Thousand and Fourteen Dollars ($ 585,014.50 ), 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 thirty five ( 35 ) 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 and not as a penalty, the sum of one thousand ($ 1,000 ) 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; 8 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 1 (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 Agreement. 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 I1 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 certificate 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 CITY 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, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, 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 Stance Construction Company ATTN:Max Olin , Public Works ATTN: Tahha Elsherif 2000 Main Street 5314 Mariner Lane Huntington Beach, CA 92648 Chino, CA 91710 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.docx—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 on December 20th , 20 22 . CON TRACTOR: CITY OF HUNTINGTON BEACH,a municipal corporation of the State o California By: ahA* E Pri Mayo (print name) ITS: Chairman/President Vice-President City Clerk Va7/234f (circle one) INITIAT''P AND APPROV S'II AND al ,-/ , By: , d Director of ' blic W Irks Ail A , / er/7/7 (pri ame) .�\D ND AP ROVE I: ITS: Secretary ; Chief Financial Officer / Asst. Secret reasurer �\ (circle one) _ 1Pik17, , -:er APPROVED A •'I ' : City A-orney 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 EXHIBIT A (Contractor's Proposal) SF:16-5215-142605.doc/rev 12/2016 31 SECTION C PROPOSAL for the construction of ZONE 2 CURB RAMP INSTALLATION from VARIOUS LOCATIONS CC No. 1700 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. c-i SECTION C PROJECT BID CURB RAMP PROJECT, CC 1700 BID ITEMS rr' t =F i�t �« a "° f3 o� A� t ii n FeQ- w � tt $6r � M�4 Na n �� m „ N y u 6111 i 1 te "lift s, � A ��eo� akA ,4 1 Mobilization 1 LS $56,346.00 56,346.00 2 Prepare Storm Water Pollution Prevention Plan (SWPPP) 1 LS $ 1,674.00 1,674.00 3 Install& Maintain Construction BMPs 1 LS $ 7,532.50 7,532.50 Construct Curb Access Ramp per Caltrans Std. Plan A88A/A88B as shown on Curb Ramp Detail 1 in Appendix 4 H of Specifications (Item includes all appurtenances,curb &gutter, depressed curb, sawcut, sidewalk, domes, 25 retaining curb, slot pave, etc.) EA $ 2,640.00 66,000.00 Horizontal Curb Cut Curb Access Ramp per Caltrans Std. Plan A88A/A88B using horizontal curb cutting machine as 5 shown on Curb Ramp Detail 2 in Appendix H of Specifications (Item includes all appurtenances, curb& gutter,depressed curb, sawcut, sidewalk, domes, retaining curb, etc.) 67 EA $ 4,170.00 279,390.00 Construct Curb Access Ramp per Caltrans Std. Plan A88A/A88B as shown on Curb Ramp Detail 3 in Appendix 6 H of Specifications (Item includes all appurtenances, curb &gutter, depressed curb, sawcut,sidewalk, domes, 11 retaining curb,slot pave, etc.) EA $ 4,440.00 48,840.00 Remove and Replace damaged concrete cross gutter as 7 shown on Curb Ramp Detail 4 in Appendix H of Specifications (Item includes all appurtenances, curb& gutter,cross gutter,sawcut, slot patch, etc.) 4,200 SF $ 15.36 64,512.00 8 Install 4" PVC Sleeve for Street Assembly Sign per City of $ HB Std. Plan 401 2 EA $ 360.00 720.00 Remove and replace existing sidewalk per City of HB Std. 9 Plan 207 at locations adjacent to ramp. (Item includes all 1,500 appurtenances, sawcut) SF $ 21.60 32,400.00 Remove and replaces existing 8"-12"Curb and Gutter per 10 HB Std. Plan 205(Item includes all appurtenances, sawcut, slot pave, etc.). 250 LF $ 110.40 27,600.00 $ 585,014.50 C-2.1 SECTION C PROJECT BID CURB RAMP PROJECT, CC 1700 SUB-TOTAL BID AMOUNT IN WORDS: Five Hundred and Eighty-Five Thousand fourteen Dollars and Fifty Cents. Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. In addition, the City reserves the right to include or remove Bid Schedule B in the award of the contract. C-2.2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond#CMGB00015219 in the amount of 10%of bid which 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 Signature NA NA C-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 Item(s) Subcontractor License Registration# Amount Contract Number 4,5,6,7,9,10 Synergy Traffic Control (partial- 17311 S.MAIN Traffic STREET,GARDENA 931953 C-31 1000007079 $40,000 6.8% Control Only) CA 90248 D-42 4,5,6,7,9,10 Case Land Surveying,Inc (partial- 614 N Eckhoff St., Survey Only) Orange,CA.92868 L5411 NA 1000001533 $45,025 7.6/o 0 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 foregoin is true and correct and that this declaration is executed on i t JI`71i7,at atin0 , Cn Date City State t 11�t Gl/51 er c , being first duly sworn, deposes and says that he or she is of $/? /1CC (6.4 sM` 1 &nf 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. Tahha Elsherif Name of Bidder Signature of Bidder 5314 Mariner Ln, Chino, CA 91710 Address of Bidder Se. pcz-rflCkMCNl- ON C—q C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ZONE 2 CURB RAMP INSTALLATION, (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. Stance Construction Company Contractor By President Title Date: 11/17/2022 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? ❑ Yes 3 No If the answer is yes, explain the circumstances in the space provided. NA Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Stance Construction Company Contractor By C/ President Title Date: 11/17/2022 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Stance Construction Company Bidder Name 5314 Mariner Ln. Business Address Chino CA 91710 City, State Zip ( 626 )274-3156 Estimating@stancecc.com Telephone Number Email Address 1071898-Class A& B State Contractor's License No. and Class 9/22/2020 Original Date Issued 12/31/2022 Expiration Date The work site was inspected by Tahha Elsherif of our office on November 15 , 202 2. The following are persons, firms, and corporations having a principal interest in this proposal: NA 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. Stance Construction Company Company Name Signature of Bidder Tahha Elsherif Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this 17 day of November ,2022 . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of C R t. FO r_ni i A ) County of SPIN BE12NFtteDtNO ) On NNEMgEi` 2022 before me, Mille in E BAntos F)u("I, NoT RI PUbtic Month,Day, and Year Insert Name and Title of Notary personally appeared TP,tt Het E LSHE t2 tf Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,) whose name(,) is/afire subscribed to the within instrument and acknowledged to me that liel,sheilley executed the same in his/,bef/thcfr authorized capacity(ie),and that by his/hef/jhefr signature(s)`on the instrument the person(,$);or the entity upon behalf of which the persons acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myhand and official seal. .;�l Ty^ MARIA EIOISA BARRIOS AVILA "` Notary Pubiic-California = as1. San Bernardino County Commission#2386269 Comm.Expires Dec 11 2025 I Signature gnature of Notary P c (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets,an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."}. 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. Caltrans- 1120 N St, Sacramento, CA 95814 Name and Address of Public Agency Name and Telephone No. of Project Manager: Peter Shieh, PE $445,842 Underground Storm Drain Replacement July 2021 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Invert paving, concrete overlay, subgrade compaction Contract# 12-0S4304 2. Caltrans- 1120 N St, Sacramento, CA 95814 Name and Address of Public Agency Name and Telephone No. of Project Manager: Franklin Luna, PE $443,243.00 Precast Concrete Panels and HMA Grind/Overlay November 2021 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Cross Gutter Replacement; Contract# 12-0S4804 3. Caltrans- 1120 N St, Sacramento, CA 95814 Name and Address of Public Agency Name and Telephone No. of Project Manager: Fathi ("Vic")Safadi $415,000.00 Replace underground Stormdrain&Sidewalk Repair May 2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Pave HMA, Traffic loops, traffic striping; Contract# 12-0T2904 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. Tahha Elsherif Name of proposed Project Manager Telephone No. of proposed Project Manager: 626-274-3156 Same projects referenced above. Project Name & Contract Amount Type of Work Date Completed Same projects referenced above. Project Name & Contract Amount Type of Work Date Completed Same projects referenced above. Project Name & Contract Amount Type of Work Date Completed 2. TBD upon project start date. Availability may vary. Name of proposed Superintendent Telephone No. of proposed Superintendent: TBD Same projects referenced above. Project Name & Contract Amount Type of Work Date Completed Same projects referenced above. Project Name & Contract Amount Type of Work Date Completed Same projects referenced above. 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/SB 854FactSheet_6.3 0.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: http s://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Stance Construction Company Contractor Tahha Elsherif %� By Estimating@stancecc.com Email President Title Date: 11/17/2022 PWC Registration #: 1000706008 C-12 DATE(MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 12/30/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dodge Insurance Services, Inc. PHONE Linda Medina FAX i DBA Arroyo Insurance Services (AJQNo.Eat);310-356-8211 Lac,No):310-316-1825 3480 Torrance Blvd., Suite 301 ADDRlEss: linda m@arroyoins.com Torrance CA 90503 INSURER(S)AFFORDING COVERAGE NAIC II INSURER A:StarStone Natonal Insurance Co 25496 INSURED STANC-3 INSURER B:James River Insurance Co. 12203 Stance Construction Company ATTN: Tahha Elsherif INSURER C:STARNET INS CO 40045 5314 Mariner Lane INSURER D: Chino CA 91710 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:247279346 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP IY LIMITS INSD WVD POLICY NUMBER IMM/ODYYY) IM M/MIDDYY) B X COMMERCIAL GENERAL LIABILITY Y 001284470 3/11/2022 3/11/2023 EACH OCCURRENCE $1,000,000 DAMAGE D CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence)l S 100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JE T LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ A UMBRELLA LIAB X OCCUR Y 84236D221ALI 3/11/2022 3/11/2023 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTIONS $ C WORKERS COMPENSATION BNUWC0156428 3/11/2022 3/11/2023 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder included as Additional Insured when required by written contract or agreement. E t�VE AST©FORM City of Huntington Beach,its officers,elected or appointed officials,employees,agents,volunteers are nampp a additien.al insured per written valid contract or agreement. Esx:_ MICHAEL E.GATES CITY ATTORNEY CITY OF HUNTINGTON IMAMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street P.O. Box 190 AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 VI* D©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ACCPRE,® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOrvYYY) 01/04/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Certificate Dept. NAME: AP Tutton Insurance Services (AHICONE Ems): (949)261-5335 A/C,No): (949)261-1911 2913 S.Pullman St. E-MAIL amanda.gomez@assuredpartners.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Santa Ana CA 92705 INSURER A: Allstate Insurance Company 19232 INSURED INSURER B: STANCE CONSTRUCTION COMPANY INSURER C 9070 IRVINE CENTER DR STE 220 INSURER D: INSURER E: IRVINE CA 92618 INSURER F: COVERAGES CERTIFICATE NUMBER: 22/23 Auto Only 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. NOTW)THSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POUCY EFF POLICY EXP INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE TO 5 D CLAIMS-MADE 1-7OCCUR PREMISES(Ea occurrence) 5 MED EXP(Any one person) $ PERSONAL BAOV INJURY $ GENt AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE S POLICY PRO-0 II LOC PRODUCTS-COMP/OP AGO $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED -SCHEDULED 648953745 03/02/2022 03/02/2023 BODILY INJURY(Per acddent) $ AUTOS ONLY _ AUTOS v HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY (Per accident) Uninsured motorist $ 1,000,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 EXCESS UAB CLAIMS-MADE AGGREGATE S DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space is required) City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers are named as auto additional insured per AA CW 2010 11 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St. PO BOX 190 AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 /1 7P — t ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:001284470 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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): Location(s) Of Covered Operations All persons or organizations where required by written contract with the Named Insured City of Huntington Beach, its officers,elected or appointed officials,employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER:001284470 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 Location and Description of Completed Organization(s): Operations All persons or organizations where written contract with the Named Insured requires additional insured City of Huntington Beach, its officers, elected or appointed completed operations coverage. This form does not officials,employees, agents and volunteers apply to your work on "residential property". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 Policy#001284470 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Person(s) Or Organization(s): City of Huntington Beach, its officers,elected or appointed officials,employees, agents and volunteers If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031 US 04-10 Page 1 of 1 COMMERCIAL AUTO AACW201011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT Coverage provided under this policy is modified by the attachment of this endorsement If there is any conflict in coverage provisions between this form and any state specific endorsement also attached to this policy, the provision(s)of the state specific form shall apply. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM In SECTION I-COVERED AUTOS, the following changes are made: The following is added: D. Physical Damage Coverage for Temporary d.Any organization, other than a partnership or joint Substitute and Leased Autos venture, over which you maintain ownership or in which you hold a majority interest. This provision If Physical Damage Coverage is provided by this applies only if there is no similar insurance provided policy,the following kinds of"autos"are covered to that organization. "autos"for the same coverages provided by the e. Any organization you acquire or form after policy policy: inception, other than a partnership or joint venture, 1. Any private passenger "auto", or other than over which you maintain ownership, or in which private passenger vehicle with gross vehicle you hold a majority interest. Coverage under this weight of 20,000 lbs. or less, you do not own provision does not apply; while used with the permission of the owner as (1) If there is similar insurance provided to that a temporary substitute for a covered "auto"you organization;or own that is out of service because of its: (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the a. Breakdown; organization. b. Repair; f. Any person or organization that you are required to c. Servicing; name as an additional insured under the terms of a written job contract, or by written insurance d. "Loss`;or requirements executed prior to any covered 'loss" e. Destruction. or claim. This protection applies only if the person or organization is liable for the conduct of an 2. Private passenger"autos"and other than private "insured"and only to the extent of that liability. passenger vehicles with gross vehicle weight of 10,000 lbs. or less, leased, hired, rented, or Under A. Coverage, Coverage Extensions, borrowed for a period of 30 days or less. This does not include any vehicle you lease, hire, Supplementary Payments, subparagraphs (2) and (4) rent, or borrow from any of your "employees" are replaced with the following: or partners or members of their households. (2) Up to $5,000 for cost of bail bonds (including In SECTION II — LIABILITY COVERAGE, the bonds for related traffic law violations) required following changes are made: because of an "accident" we cover. We do not have to furnish these bonds. Under A. Coverage, Who Is An Insured, the following is added: Includes copyrighted material of Insurance Services Office, Inc.,with its permission AA CW 20 10 11 Allstate Insurance Company Page 1 of 3 Insured Full Copy (4) All reasonable expenses incurred by the"insured" (4) Costs for extended warranties, Credit at our request, including loss of earnings up to Life Insurance, Health, Accident or $500 a day because of time off from work. Disability Insurance purchased with the loan or lease; and Under B. Exclusions, Fellow Employee, the following (5) Carry-over balances from previous loans paragraph is added: or leases. But this exclusion does not apply to "bodily injury"to Under D. Deductible, the following paragraph is a fellow "employee" caused by any person whose added: position within the insured organization is at or above When Collision Coverage is provided by this the level of manager or supervisor. policy, the deductible amount will not be subtracted from the loss payment in collisions Coverage afforded by this provision is excess over involving your covered "auto"and another auto any other collectible insurance. covered by Allstate Insurance Company or any of it's affiliates. In SECTION III - PHYSICAL DAMAGE COVERAGE, the following changes are made: In SECTION IV - BUSINESS AUTO CONDITIONS,the following changes are made: Under A. Coverage, Glass Breakage - Hitting A Bird Or Animal- Falling Objects Or Missiles, the following is added: Under A. Loss Conditions, Duties In The Event If damage to glass is repaired in lieu of being Of Accident,Claim, Suit Or Loss Condition, the following is added under subpart a: replaced, no deductible will apply for repair only. Knowledge of an "accident" or"loss" by any of Under A. Coverage, Coverage Extensions, the your agents, servants or "employees"shall not following is added: in itself constitute knowledge by you, unless c. Personal Effects Coverage you or one of your corporate officers or covered "auto", managers,or any assignee, shall have received In the event of a total theft of yoursuch notice from the agent, servant or for which you carry either Comprehensive or "employee". Specified Causes of Loss coverage, we will pay up to$500 for the personal effects which are: 1.owned by you; and When you report an occurrence of any "accident"or'loss"to a Worker's Compensation 2. in your covered "auto"at the time of the total theft carrier or self insured plan providing the named of such"auto". insured's Worker's Compensation insurance No deductible applies to Personal Effects Coverage. which later develops into a claim submitted under this policy, failure to report such Under A. Coverage,the following is added: "accident"or "loss" to us at the same time shall not be deemed a violation of this condition. 5. Lease and Loan Gap Coverage After you become aware of such liability claim In the event of a total "loss" to a covered "auto" arising from the "accident" or "loss", you must shown in the Schedule or Declarations for which a give us prompt notice. specific premium charge indicates that physical damage coverage applies, we will pay any unpaid amount due on the lease or loan for a covered Under A.Loss Conditions,Transfer of Rights of "auto', less: Recovery Against Others To Us, the following a The amount paid under the Physical Damage is added: Coverage section of the policy; and We waive any right of recovery we may have b. Any: against any person or organization because of payments we make for injury or damage arising out (1) Overdue lease/loan payments at the time of of work you perform under a contract with such the"loss"; person or organization, in which you have agreed (2) Financial penalties imposed under a to waive your right of such recovery. lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; Includes copyrighted material of Insurance Services Office, Inc.,with its permission AA CW 20101i Allstate Insurance Company Page 2 of 3 Ensured Full Copy Under B. General Conditions, Concealment, Misrepresentation Or Fraud, the following is added: This condition does not apply to any omission or failure to provide material facts if the omission or failure was unintentional. Includes copyrighted material of Insurance Services Office, Inc.,with its permission AA CW 20 10 11 Allstate Insurance Company Page 3 of 3 Insured Full Copy Bond No.PPD0100006 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City") has awarded to Stance Construction Company 5314 Mariner Lane,Chino,CA 91710 (name and address of Contractor) (hereinafter referred to as'Principal"),a contract("Contract")for the work described as follows: Zone 2 Curb Ramp Installation,CC No.1700 (Project Title) WHEREAS, Principal is required under the terms of the 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 law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's or Standard&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. NOW THEREFORE,we,the undersigned Principal,and Developers Surety and Indemnity Company 17771 Cowan,Suite 100,Irvine,CA 92614 (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of Five Hundred Eighty Five Thousand Fourteen and 50/100 ------------------------- dollars($584,014.50 ),this amount being not less than one hundred percent(100%)of the total price set forth in the Contract,in lawful money of the United States of America,for the payment of which sum,well and truly to be made,we bind ourselves,and each of our heirs, • executors, administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal,his,her,or its heirs,executors, administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code("Claimants")for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant,or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code,or any amounts required to be deducted,withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. PAYMENT BOND Page 1 of 2 1 5-45 84/1 1 735 7 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 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:January 17,2023 • ATTEST Stance Construction Company (Corporate Seal) (Pri�Na Name: T1 A- Title: ATTEST Develop S ;e d Ina! ni Comp any INNi-I-I (Corporate Seal) 1114 ) By: •sue N eG;Mils MEM orne n-Fact ignatu'n f A'.rrney-T or Surety) (Attach Attorney-in-Fact Certificate) (866)363-2642 (Area Code&Telephone Number for Surety) APPROVED AS 1;9;0W: By: .''‘ Michael E.Gates,"City Attorney ielzi t Note: This bond must be executed in duplicate and dated,all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. PAYMENT BOND Page 2of2 15-4584/117357 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane,43rd Floor,New'folic,NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that,except as expressly limited herein,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY.do hereby make,constitute and appoint: Gabriella Grady,Stephanie Hope Shear,Elizabeth Santos,Stacey Garcia and Christopher Coronet of Woodland Hills,CA as its true and lawful Attorney,to make,execute,deliver and acknowledge,for and on behalf of said companies,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said company could do,but reserving to each of said company full power of substitution and revocation,and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed This Power of Attorney is effective January 17,2023 _ and shall expire on December 31,2025. This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY(collectively,"Company")on November 3,2022. RESOLVED,that Sam Zaza,Senior Vice President, Surety Underwriting, James Bell,Vice President, Surety Tinderwritina_and Craig Dawson, Executive Underwriter,Siiie ,each an employee of AmTrust North America,Inc.,an affiliate of the Company(the"Authorized Signors"),are hereby authorized to execute a Power of Attorney,qualifying attomey(s)-in-fact named in the Power of Attorney to execute,on behalf of the Company,bonds,undertakings and contracts of suretyship,or other suretyship obligations;and that the Secretary or any Assistant Secretary of the Company be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney. RESOLVED,that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company,and the seal of the Company must be affixed to any such Power of Attorney,and any such signature or seal may be affixed by facsimile,and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this December 5,2022. `ttttttUl r tt1,t,, ,,ttttt 111,,,,,,, ♦01`, NSU1Qq '' ♦` .(AND/AA.�n'•. "C PO (�' ♦ Q`. ' PO F` I ;Lg.'.j• O. R4r•. 2, >. I SEAL a 1936 A V Printed Nome; Sam Zaza V• .••pq AWNS•. •Y�• � "0' �CIFORN�S'• Title. Senior Vice President,Surety r, .♦ r, V /-`- . ♦ STATE OF California COUNTY OF Orange 1/ _ 4. On this day of �¢.C.t 20.t�1before me,�0"'Q—�. �(isJ�70 ,personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged tome that they executed the same in their authorized capacity,and that by the signature on the instrument the entities upon behalf which the person acted,executed this instrument I certify,under penalty of perjury,under the laws of tire State of Calirmnia that the foregoing paragraph is true and correct. WITNESS my hand and official seal- r777 w�..ai+a DWNEJ.KAWATANotary Public-California //��� - Orange County •Signature1();at r1� My Comm.Commission Ap84t8,2023 CORPORATE CERTIFICATION The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification. This Certification is executed in the City of Cleveland.Ohio,this 22 day of November.2022. —DocuSigned by: 1am1 Ui. A&oSI,S By: t"--6B6415E7ADE54BC__...___...._ Barry W Moses.Assistant Secretary POA No. Ed 1 122 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ter cs-rres crnoe �rrr r�t� cr�rsv�rr�ca c rrc mi=t A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles On JAN 17 2023 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Gabriella Grady 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. LUCAS PATTERSON T Notary Public•California Signature W� ? Los Angeles County r Commission 0 2352264 Signature of Notary Public `' �,My Comm.Expires Mar 19,2025 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: Docum gate: Number of Pages: Signer(s) Other Than Named Abo -: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑Gener- ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorne act ❑Individual ❑Attorney in Fact ❑Trustee ❑ - elan or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is '-',resenting: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Bond No.PPD0100006 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City")has, by written agreement dated ,20_,entered into a contract with Stance Construction Company 5314 Mariner Lane,Chino,CA 91710 (name and address of Contractor) • (hereinafter referred to as"Principal"),for performance of the work described as follows: Zone 2 Curb Ramp Installation,CC No.1700 • (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt,full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California(hereinafter referred to as"Surety");and • Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of • sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M. Best, Moody's, or Standard&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, NOW, THEREFORE,we,the undersigned,as Principal,and Developers_Surety and Indemnity Company 17771 Cowan,Suite 100,Irvine,CA 92614 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of ------Five Hundred Eighty Five Thousand Fourteen and 50/100 Dollars($585,014.50 ),this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves, our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly,fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time;and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as"Obligees")fromany and all losses,liability and damages, claims,judgments,stop notices,fees and costs of every description,whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract,including all alterations,amendments and modifications thereto,and any warranties or guarantees required thereunder,then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration,change, deletion,addition or other modification to the Contract, or the work to be performed thereunder,shall in any way affect,limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price,and any other alteration,change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees 1 5-4 5 84/1 1 71 74 Bond No.PPD0100006 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:January 17,2023 ATTEST Stance Construction Company (Corporate Seal) �ri�Name By: Name: Tntih A .cl7— Title: ATTEST Devel S At a!e i'"i� pity Company (Corporate Seal) 11111r. �� ) B': .P.1 IPA N:me: = 131:•tto ne -In-Fact (Signatu . ometct for Surety) (Attach Attorney-in-Fact Certificate) 0366)363-2642 (Area Code&Te ephone Number for Surety) APPROVED AS TOjOf t ? Michael E.Gates,City Attorney Q r yslb • Note: This bond must be executed in duplicate and dated,all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. PERFORMANCE BOND Page 2 of 2 15-4584/117174 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane,43rd Floor,New York,NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that,except as expressly limited herein,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,do hereby make,constitute and appoint: Gabriella Grady,Stephanie Hope Shear,Elizabeth Santos,Stacey Garcia and Christopher Coronet of Woodland Hills,CA as its true and lawful Attorney,to make,execute,deliver and acknowledge,for and on behalf of said companies,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said company could do,but reserving to each of said company full power of substitution and revocation,and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed This Power of Attorney is effective January 17,2023 and shall expire on December 31,2025. This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY(collectively,"Company")on November 3,2022. RESOLVED,that Sam Zaza,Senior Vice President, Surety Underwriting James Bell Vice President Surety, TTnderwritinp, and Craig Dawson, Executive Underwriter,Surely,_each an employee of AmTrust North America,Inc,an affiliate of the Company(the Authorized Signors"),are hereby authorized to execute a Power of Attorney,qualifying attorneys)-in-fact named in the Power of Attorney to execute,on behalf of the Company,bonds,undertakings and contracts of suretyship,or other suretyship obligations;and that the Secretary or any Assistant Secretary of the Company be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney. RESOLVED,that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company,and the seal of the Company must be affixed to any such Power of Attorney,and any such signature or seal may be affixed by facsimile,and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this December 5,2022. 00000000000 `�•` \ASUR,q •' `�" �{AND/ •,•• � O�Po oC�` ? JQ�GpRP01 /V6:0% :si1: : 1936 AIV Printed Name' • Sam Zaza •:Ou••'pFCAWAa�'�•�: O,�'•cgIIFOR��e'••2>"� Title Senior Vice President.Surety ••o * o.••000000 •,• 0 * o�• oo STATE OF California COUNTY OF Orange s On this4 day of 20 [ before me, OOS personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instillment and acknowledged to me that they executed the same in their authorized capacity,and that by the signature on the instrument the entities upon behalf which the person acted,executed this instrument I certify,under penalty of perjuey,under the laws of tire State of Califrsnia that the foregoing paragraph is true and correct. WITNESS my hand and official seat. • DIANE J.KAWATA Notary Public California +'=� Orange County t. 1(,) Conmission A 2284027 Signature ( > �� S— My Comm.Expires Apr 28 22023 CORPORATE CERTIFICATION The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification. This Certification is executed in the City of Cleveland.Ohio,this 22 day of November.2022. a—DocuS igned by: barn OJ. hast,s By: "-686415E7ADE54BC Barry W Moses.Assistant Secretary POA No. Ed 1 122 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 JAN 17 2023 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Gabriella Grady 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. LUCAS PATTERSON Notary Public•California r.� Los Angeles County Signature •T Commission P 2352264 .' Signature of otary Public .0 ,-.• My Comm.Expires Mar 19,2025 Place Notaty 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: Docum-P Pate: Number of Pages: Signer(s) Other Than Named Abo -. Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — 0 Limited ❑ Gener. 0 Partner — ❑ Limited 0 General ❑Individual ❑Attorne '• act 0 Individual ❑Attorney in Fact ❑Trustee ❑ . •ian or Conservator ❑Trustee 0 Guardian or Conservator ❑Other: ❑ Other: Signer Is :-.resenting: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 RECEIVED RY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating I (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: I 43'1,2.3 SUBJECT: Bond Acceptance I have received the bonds for 71 f')t^.n % . /dYW-1 1 7? ( an- `J 2 (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. PP G l)/MIV Payment Bond (Labor and Materials) Bond No. ppD 71 D C)L)L) 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 I !1)/2O 2. (Council Approval Date) CC No. Agenda Item No. /044 MSC No. City Clerk Vault No. ���• SCE Other No. SIRE System ID No. '/(G CI I q g:/forms/bond transmittal to treasurer i0 ....T'Nro'� City of Huntington Beach ,0 � taco •,.<9 � ` \ 2000 Main Street ♦ Huntington Beach, CA 92648 _ C714) 536-5227 • www.huntingtonbeachca.gov = sl F - ��< -• Office of the City Clerk COuN ri•0"\"0# Robin Estanislau, City Clerk e�es,i January 27, 2023 Stance Construction Company Attn: Tahha Elsherif 5314 Mariner Lane Chino, CA 91710 Re: Zone 2 Curb Ramp Installation —CC No. 1700 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. Since e Robin Estanislau, CMC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister City: Anjo, Japan RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) in CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION cam`, TO: City Treasurer FROM: City Clerk DATE: Ilz7'1,2,3 SUBJECT: Bond Acceptance I have received the bonds fork (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's Performance Bond No. PPDOLOOool, Payment Bond (Labor and Materials) Bond No. PP/)V 1 D O Dv 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 12 f 26124z2 (Council Approval Date) CC No. No. .2 2 — rosy MSC No. City Clerk Vault No. ,*40• SO Other No. SIRE System ID No. &/(4L1147 g:/forms/bond transmittal to treasurer Bond No.: CMGB00015219 =' AIA Document A310TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place STANCE CONSTRUCTION COMPANY of business) 5314 Mariner Ln Argonaut Insurance Company This document has important legal Chino CA 91710 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) Zone 2 Curb Ramp Installation,CC No.1700 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 15th day of November 2022 STANCE CONSTRUCTION COMPANY (Principal) (Seal) (Witness) (Title) Argon t I surance Company (Surety) (Seal) (Title)Chris er Coronel 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. Init. AIA Document A310TM—2010.Copyright©1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA® 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. t 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. 061110 Bond No.: CMGB00015219 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 Hope Shear,Elizabeth Santos.Stacey Garcia.Matthew Dion sio,Christopher Coronel t Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named above.„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 aid"othe'pindertakings in suretyship provided, however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:(i '1 -kt: $15.000,000.00 #. lie This Power of Attorney is granted and is signed and sealed under and by the authority of the foUuwingResolution adopted by the Board of Directors of Argonaut Insurance Company: t "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice sident, ecretary,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 namein theme given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond underta rings and`,ntintracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Argonaut Insurance Company has caused its seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November,2021. ,rry I t+A ' Argonaut Insurance Company--Z-v- 4----z___. �' €°€SEAL:; by: a. \ d�,. 1948 .2: './(C tNO15•*•T: STATE OF TEXAS Gary E.Grose President t COUNTY OF HARRIS SS: �4 "'. I On this 19th day of November,2021;'A.f. befog me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and �` t ., .. r qualified,came THE ABOVE OFFICER Ol4 THE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he ackn ']edged 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 s aat ed to d e preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affxe and subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board of Directors or sai `Company,referred to in the preceding instrument is now in force. rt_:- IN TESTIMO1Y WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. a i'' tit 0..e'lt. `i'Yl.-iY�.�a to //' KATHLEEN M MEEKS /e�''Tw� NOTARY PUBLIC (\\�/�7`t'i STATE OF TEXAS �oF,Eo MY COhAM.EXP.07 NOTARY rD 557902-15/258 (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 15th day of November 2022 . ° SEALa dam:, 1948 .' 9.NO`5•' Austin W.King, Secretary IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(833)820-9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ^ve.t'eKN ^ ,e:!`,c v",c e r,oc",-x-x-C'c- rx:roc c�e ,c:rc ,<:c,. c . ^. . .,:F.cif'" ,c--t`.&', ,c,re:c",e:ec=c ere F,c rscc A-{e r. `.e .cry 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 NOV 1 5 2022 before me, Lucas Patterson, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Christopher Coronet 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. . 7- ter•_ .. , ,. LUCAS PAi ERSON .-..5-,, Notary Pubic California `' Los Angeles County n Signature '-I - Commission 2352264 Signature of Notary Public 2 a My Comm.Expires Mar 19,2025 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docume• .r fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Documer :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 ❑Genera ❑Partner — ❑Limited ❑General ❑Individual ❑Attorne act ❑Individual ❑Attorney in Fact ❑Trustee ❑G - .ian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is --• esenting: Signer Is Representing: -c w�:c; �c.x u c, �c x=u ,c- z .xu: ^.- ,—v„—vv�c z r ease:(=<:x=v.,cw�c.:<-� .-c-<;.c .=ecs l ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 • Zone, 2 [tivb c& ? �rslutlu�;o� cc -*1 -1°c) 3�c� 0`er',N 3 Take). Novev)*(- 1-1-;") 1oZ2 Q Vooaw 17rowi: S+aoce- Coy\5\✓, v, /1,--PPeova -7-D 2000 Main Street, �UyT Ng707 '. Huntington Beach,CA { OFr'Yy,aazeesrt'e ..�F' � ='a City of Huntington Beach 92648 gip, Qr a r �UUNTV t\1fr File #: 22-1044 MEETING DATE: 12/20/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: Max Olin, Contract Administrator Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Stance Construction Company in the amount of$585,014.50 for the Residential Curb Ramp Project, CC-1700 Statement of Issue: On November 17, 2022, bids were publicly opened for the Residential Curb Ramp project. City Council action is requested to award the construction contract to Stance Construction Company, the lowest responsive and responsible bidder. Financial Impact: The total cost of the project, including contingency and supplemental expenses, is $665,000. Funds for this project are available in the current fiscal year budget in the Infrastructure Account 31440006.82300 ($365,000) and Measure "M" Account 21390004.82300 ($300,000) Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Stance Construction Company in the amount of$585,014.50; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with an alternative action. Analysis: The Americans with Disabilities Act (ADA) statues require the City to provide facilities and programs that are accessible to individuals with disabilities. Many of our street intersections and crossings lack City of Huntington Beach Page 1 of 2 Printed on 12/14/2022 powered by Legistar" File #: 22-1044 MEETING DATE: 12/20/2022 the curb access ramps necessary to comply with ADA requirements. The project consists of installing ADA curb ramps throughout the City, but predominately in Maintenance Zone 2 (Attachment 1), where the City's annual pavement maintenance project has identified streets to overlay with new asphalt. Bids were publicly opened on November 17, 2022, with the following results: BIDDER'S NAME BID AMOUNT Stance Construction Company $585,014.50 Towo Enterprise Inc. $613,950.00 Nobest Inc. $690,000.00 Addison-Miller Inc. $860,900.00 CT&T Concrete Paving Inc. $957,200.00 Stance Construction Company has provided acceptable experience on similar projects in the past. Therefore, staff recommends awarding a contract to Stance Construction Company in the amount of $585,014.50. The total cost of the project is $665,000. This total includes the construction contract of $585,014.50 plus ten-percent (10%) construction contingency of $58,501.45. In addition, supplemental expenses of $21,484 for inspection. The engineer's estimate for this project was $665,000. Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301(c) of the California Environmental Quality Act. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Vicinity Map 2. PowerPoint Presentation - Zone 2 Curb Ramps City of Huntington Beach Page 2 of 2 Printed on 12/14/2022 powered by LegistarT" 1 ctc)' O S N BOLSA AVE. 'NCO N NTS H v McFADDEN AVE. i U J N N � EDINGER AVE. \ z J J i, � �j Z m a HEIL AVE. /li_ ♦;\ Cl) J WARNER w AVE. __. m J (n 0 0_0 °SLATER AVE. 405 o � w ,� N w z TAL ERT AVE.F. � ' I _I9�� o gam' /0 8 ELLIS AVE. / O<5L C . GARFIELD v~i 0nm AVE. / N 1 `l, Ix` 0``,'•' YORKTOWN AVE. / Q \ `L 5, k , • IV cn °' / \ `1'�0��,2',Z`cg';` OqS ADAMS AV .\ _ \\ 41riN ` • INDIANAPOLIS AVE. \4\G PJ1' \\ `N0 t\Cle.�sZC dS o ATLANTA 3 Z_N AVE, QQG \ \ •� ,`0����\�c;:• z < m �• - se;\ `�. ^�`Z'�,�c' `. HAM LTON AVE. ..SX• N `♦ Ix\ \ 6711- BANNING 6\ A \ OC/0 AVE. LEGEND ti \\ ZONE 2 BOUNDARY \ I \ / ZONE 2 RESIDENTIAL OVERLAY PROJECT PROJECT LOCATION MAP • p CITY OF HUNTINGTON BEACH 0 P DEPARTMENT OF PUBLIC WORKS 1 OF 1 AfirAiiror,„:„„„.... 11, 1r\ %'T I N G •, v." ........,I +V a, ( .0- to El P 0 RA 7 le. ,, '14hilik •.•- t, Zone Residential Curb ) J'" on IL Ramp Project �. 3ARFIEI D A AVE �_, �. .='m.._ --A�IP ' ADAMS C`/�k /� te. As 'NDIANAP015 �.I� �� tin z � ro Zone 2 r) 8 J, *+ v 0 4`` ;4TAg 5..... AJr / 46/ 1NT`C C*11°\ .r• \ 7M. ,Ammw 1 /41 } ''r",r►,r►iO►/// Residential Paving Program 12th (final) year - Residential Paving 1Z:1,v aTiiRt Phases within program Tree Maintenance - Fall • Concrete Rehabilitation - Winter • Street Paving - Spring 4 • Slurry Seal — Spring Xw' , yam a • Traffic Striping — Spring/Summer t , ' (/ � Ht9RPOPA f0 o.6F p Zone 2 Residential Curb ` c F I ,a Ramp Project =� \\ \ • This project consists of approx. 100 curb ;' ,0�� ��` L, r access ramps (comply with the Americans ,,,s= . ®` Disabilities Act -ADA). ��� ` ' � . • ADA requires City to install ADA compliant • ,„ IF ramps on streets with paving. ZONE 2 RESIDENilR_',.,%_A"PROJECT • Includes ramps for all streets to be paved FF°F`T O CiTCA BE4 . -0F E1 WGTQP. BE4CH Fig p_?ARTMEN-SF 8JBLIC NORHS 0:i within zone 2 �,,,,,__ i>>� %-cINGrn-, C�"" y • ��AO i..•�q 9RP OPA Fp•vN..v, 1. 4 cQUNTY G.'dr Zone 2 Residential Curb Ramp Project , ,,,• . Curb Ramp Construction Completed Curb Ramp q } _ r..... if 4444, tea -/r/f///' '''''.-/-' 'Q Questions? 1k13 -.',,:.,1"',•'-V'.‘i'.,2.,-,.,r.,;.,''.r".4. u''..,„'t.,h.;..-''6;.' ,:....5,......,..„1,„/.-/„„,..1„,,,,„.4,',„,.„,.:„",,„,,.,,-=.„..3.,„.,.•,.,,•.A„,„.,,.„;,,..,;.,,.,„.„.,.,rn.....'4„..I,,.,.,,„',:A:.-„,'?.,e.t._,, ',., f�it �§� �,;A.1 , - 4 ' . ' „, t',,, fir{�«'Sd ,,, ,, , """ ,,'..„,,I',,.'•,..,.':',......,-‘. ........1...„0-.,.--•...r•7•..-...,_....'•....,4..,-,.,.,.-...,,,....-,,..„.7•,- ..,':• ...,.„.',..„,„,"_..4..,.,.-'..4.,...,,.,..,•..„,,;..%.',.,.'-.•,-.,..,i,-,'-4...'.i',:.,z,,1,..,-....4,6.......•.„..-..,,;-..4,- -.,,4l.,i.',:.„.,",.•'-:...l:.k41:.,..i-:'...'4e ,4-1.-'-•,..,,'''',.S'?;:,',•.•.•. z -" a-c.4,.c 's ? ry. y i ° r' ,1Fj" , y Y• '1 rf'-v,�'1° Y /0/2%Z2 Pab 813122 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of Zone 2 Curb Ramp Installation CC No. 1700 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 10:00 AM on Thursday, November, 17, 2022, on the City's PlanetBids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal website at: https://www.planetbids.com/portal/portal.cfm?CompanyID=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at: https://www.planetbids.com/portal/portal.cfm?CompanyID=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents,to be added to the prospective bidders list,and to receive addendum notifications when issued. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works,2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race,color,national origin,ancestry, sex,or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY.The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 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: Zone 2 Curb Ramp Installation CC #: 1701 Bid Opening Date: November 17, 2022 at 10:00 AM. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A, at the time of the bid opening. The successful 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: This project will provide the construction of curb access ramps and truncated domes to existing ramps throughout the city. These locations are prioritized from a list compiled by Public Works staff, based on requirements for the upcoming residential pavement management project and public requests. The proposed locations are listed in the Appendix along with Contractor guidelines and provisions to meet all Federal requirements. The contract shall allow the Contractor 35 working days to complete the contract. The Notice of Proceed will be issued no later than Monday, January 16, 2023 and the working days will commence for this project. 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 June 2020,by Resolution No. 2020-39. Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Switzer, Donna From: Christine Gonzalez <cgonzales@scng.com> Sent: Wednesday, October 26, 2022 11:23 AM To: Switzer, Donna Cc: Olin, Max; Moore, Tania Subject: Re: FW: Request for Publication - NIEB CC-1700 - Group account# 5190751 Attachments: 11568291.pdf Got it. Pun 11/3, 11/10 HB Wave Cost $1,527.60 OC Register Legal Advertising Sales Coordinator Chrissy Gonzalez 1920 Main St. Suite 225 Irvine, CA 92614 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. How to register in Column in Spanish: https://www.loom.com/share/641ffc6cf81d472f807567c9cc06a4fc On Wed, Oct 26, 2022 at 11:14 AM Switzer, Donna<Donna.Switzer@surfcity-hb.org>wrote: Hi Chrissy, Please disregard my previous request for publication as I had the publication dates wrong. Please publish the attached notice, in The Wave, on November 3rd and 10th, 2022. Thank you. Sincerely, i Davui.cvSwtt-ber, CMC Senior Deputy City Clerk-City of Huntington Beach 2000 Main Street-Huntington Beach,CA 92648 (714)374-1649 From: Switzer, Donna Sent: Wednesday, October 26, 2022 11:09 AM To: Christine Gonzales<conzales@scng.com> Cc: Olin, Max<Max.Olin@surfcity-hb.org>; Moore, Tania<Tania.Moore@surfcity-hb.org> Subject: Request for Publication-NIEB CC-1700 - Group account# 5190751 Hi Chrissy, Please publish the attached Notice Inviting Electronic Bids for CC-1700, in The Wave, on October 27th and November 3rd, 2022. Thank you. Sincerely, Dovu,.cvSwitter, CMC Senior Deputy City Clerk-City of Huntington Beach 2000 Main Street-Huntington Beach,CA 92648 (714)374-1649 2 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of Zone 2 Curb Ramp Installation CC No. 1700 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 proiect and will receive such bids prior to 10:00 AM on Thursday, November, 17, 2022, on the City's PlanetBids System Vendor Portal,at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal website at: https://www.planetbids.com/portal/oartal.cfm?Company I D=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at: https://www.planetbids.com/portal/portal.cfm?CompanvID=15340, Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works,2000 Main Street,Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race,color, national origin,ancestry,sex,or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY.The bid must be accompanied by a certified check,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: Zone 2 Curb Ramp Installation CC#: 1701 Bid Opening Date: November 17,2022 at 10:00 AM. 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,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: This project will provide the construction of curb access ramps and truncated domes to existing ramps throughout the city.These locations are prioritized from a list compiled by Public Works staff, based on requirements for the upcoming residential pavement management proiect and public requests.The proposed locations are listed in the Appendix along with Contractor guidelines and provisions to meet all Federal requirements. The contract shall allow the Contractor 25 working days to complete the contract. The Notice of Proceed will be issued no later than Monday, January 16, 2023 and the working days will commence for this proiect. 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 ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH,CALIFORNIA, the Mil day of June 2020,by Resolution No.2020-39. Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Huntington Beach Wave 1920 Main St., Suite 225 Irvine, Ca 92614 714-796-2209 5190751 HUNTINGTON BEACH, CITY OF PROOF OF PUBLICATION CITY CLERK DEPARTMENT 2000 MAIN ST Legal No. 0011568291 HUNTINGTON BEACH, CA 92648-2763 FILE NO. Resolution No. 2020-39 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: 11/03/2022, 11/10/2022 I 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: November 10, 2022. Signature LP1-12 I5i16 1 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of Zone 2 Curb Ramp Installation CC No.1700 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH ,as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 10:00 AM on Thursday, November, 17, 2022, on the City's PlanetBids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal website at: https://www.planetbids.com/porta I/po rta I.cf m?Company I D=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at: https://www.planetbids.com/portal/portaI.cfm?CompanyID=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street,Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY.The bid must be accompanied by a certified check, cashier's check,or bidder's bond made payable to the AGENCY for an amount no less than 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:Zone 2 Curb Ramp Installation CC#:1701 Bid Opening Date: November 17,2022 at 10:00 AM. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A,at the time of the bid opening. The successful 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. Proiect Description: This project will provide the construction of curb access ramps and truncated domes to existing ramps throughout the city. These locations are prioritized from a list compiled by Public Works staff, based on requirements for the upcoming residential pavement management project and public requests. The proposed locations are listed in the Appendix along with Contractor guidelines and provisions to meet all Federal requirements. The contract shall allow the Contractor 35 working days to complete the contract. The Notice of Proceed will be issued no later than Monday, January 16, 2023 and the working days will commence for this project. 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 June 2020 ,by Resolution No. 2020-39 . Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH LP,:2!15116 2 UNSUCCESSFUL BIDS CC No. 1700 Zone 2 Curb Ramp Installation , ����NP'o Gro;7 City of Huntington Beach ��,~ •;��� \ 200o Main Street ♦ Huntington Beach, CA 92648 — --- y (714) 536-5227 • www.huntingtonbeachca.gov ` • 72\•0 Ee 11,1909 Office of the City Clerk COUNTY°��j/j Robin Estanislau, City Clerk April 25, 2023 Addison-Miller, Inc. 1100 W. Town & Country Road #1250 Orange, CA 92868 RE: Zone 2 Curb Ramp Installation —CC No. 1700 Enclosed please find your original bid bond for CC-1700. Sincerely, 9'6441,4,44) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan /47(4/U CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the construction of Zone 2 Curb Ramp Installation CC No. 1700 in the CITY OF HUNTINGTON BEACH 40 .44 2000 MAIN STREET HUNTINGTON BEACH,CALIFORNIA 92648 (714)536-5431 BIDS ELECTRONICALLY DUE: THURSDAY,NOVEMBER,17,2022 AT 1000 A.M. NO LATER THAN SPECIFIED TIME SEAN CRUMBY,DIRECTOR DEPARTMENT OF PUBLIC WORKS SECTION A NOTICE INVITING SEALED BIDS for the construction of Zone 2 Curb Ramp Installation CC No. 1700 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 10:00 AM on Thursday,November, 17,2022,on the City's PlanetBids System Vendor Portal, at which time or thereafter bids will be opened and made available online.Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal website at: https://www.planetbids.com/portaliportal.cfm?Company1D---15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at: https://www.planetbids.comtportal/portal.cfm?CompanylD=.15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California,which are available online at www.dir.ca.gov/DLSR,and also on file at the Office of the Director of Public Works,2000 Main Street,Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code,Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race,color,national origin,ancestry sex,or religion in any consideration leading to the award of contract. A-I 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: Zone 2 Curb Ramp Installation CC#: 1700 Bid Opening Date: November 17, 2022 at 10:00 AM. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A,at the time of the bid opening. The successful 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: This project will provide the construction of curb access ramps and truncated domes to existing ramps throughout the city. These locations are prioritized from a list compiled by Public Works staff, based on requirements for the upcoming residential pavement management project and public requests. The proposed locations are listed in the Appendix along with Contractor guidelines and provisions to meet all Federal requirements. The contract shall allow the Contractor 35 working days to complete the contract. The Notice of Proceed will be issued no later than Monday, January 16, 2023 and the working days will commence for this project. 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 7th day of June 2022,by Resolution No.2022-28. Attest: Is!Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION B INSTRUCTIONS TO BIDDERS I.Proposal Forms Contract documents may be downloaded, at no cost, from the City's PlanetBids System Vendor Portal website at: https://wwvv.planetbids.com/portaliportal.cfm?Compimy1D-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. Bids will only be received electronically through the City's PlanetBids System Vendor Portal website at: https://www.planetbids.corniportaliportal.cfm?CompanylD=15340. Bids will not be accepted after the specified Bid Opening date and time. The bidder shall have the sole exclusive responsibility for ensuring that the bid is received by the specified bid opening date and time. For technical support with the electronic bidding system,please click the Help Center icon from any PlanetBids screen to be directed to the technical support help desk. Electronic bids shall be submitted and uploaded on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY may reject any proposal not meeting these requirements. Unauthorized conditions,limitations,or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations,alterations or erasures. Alternative proposals will not be considered unless requested. No oral,telegraphic,or telephonic proposals or modifications will be considered. Any bidder may personally withdraws his bid from the City's PlanetBids system prior to the bid opening date and time stated in the Notice Inviting Bids. Any request to withdraw a bid after bid opening shall meet all requirements of Public Contract Code section 5100 et seq.and must be submitted in writing within five(5)working days, excluding Saturdays,Sundays and State holidays, specifying in detail the mistake. 2.Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10%of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY,and shall be given as a guarantee that the bidder,if awarded the Work,will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract,the check or bond,as the case may be,shall be forfeited to the AGENCY. For electronic submittal of proposals,the certified cashier's check or bid bond(bid security),must be received at the City of Huntington Beach Public Works office,2000 Main Street,Huntington Beach,CA 92648 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 envelope must read as follows: B-1 OFFICIAL BID SECURITY-DO NOT OPEN Project Name: Zone 2 Curb Ramp Installation CC#: 1700 Bld Opening Date: November 17, 2022 at 10:00 AM. 3. Proposal Signature if the proposal is made by an individual,it shall be signed and his full name with his address shall be given; if it is made by a firm, it shalt be signed with the co partnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation,the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. 4.Delivery Of Proposal Bids will only be received electronically through the City's PlanetBids System Vendor Portal website at; https itv««.planethids.com% Oriat/ ortal.•fm?C om to ll)=1 J3at). Bids will not be accepted after the specified Bid Opening date and time. The bidder shall have the sole exclusive responsibility for ensuring that the bid is received by the specified bid opening date and time.For technical support with the electronic bidding system,please click the Help Center icon from any PlanetBids screen to be directed to the technical support help desk. Any bidder may personally withdraws his bid from the City's PlanetBids system prior to the bid opening date and time stated in the Notice Inviting Bids. Any request to withdraw a bid after bid opening shall meet all requirements of Public Contract Code section 5100 et seq. and must be submitted in writing within five (5) working days, excluding Saturdays, Sundays and State holidays,specifying in detail the mistake. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. b.Taxes No mention shall be made in the proposal of Sales Tax,Use Tax or any other tax,as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder,and while doing so,may also submit a formal proposal as a prime contractor. 8.Contractor's License Requirement B-2 This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. Failure to provide reference information of history of similar work and experience with the bid proposal at the time of bid opening may lead to rejection of such proposal as non-responsive. 10.Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one-half of one percent of the Contractor's total bid or$10,000,whichever is greater. 11.Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions,requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications,and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Such notification must be submitted, if any, must be submitted no later than TIME on DAY OF WEEK,MONTH DAY#,20##.Any inquiries received after this deadline will not be accepted. Questions must be submitted electronically through the City's PlanetBids system. Emails, phone calls, and faxes will not be accepted. Questions submitted to City staff will not be addressed and bidder will be directed to the PlanetBids system. If the City determines that the point in question is substantive and is not clearly and fully set forth in the Contract Documents,the City will issue a written addendum clarifying the matter which will be posted on the City's PlanetBids System Vendor Portal website at: https: ,a‘\‘A‘ plaitetbids,compolalfportat cfm?ComparaJD=15340. Any interpretation of the Contract Documents will be made only by written addenda on the City's PlanetBids system.City will not be responsible for any explanations or interpretations provided in any other manner.No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder,and no bidder should rely on any such oral interpretation.Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. 12.Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials unless otherwise specified in the Special Provisions. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 0-3 13.Legal Responsibilities All proposals must be submitted, filed,made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms,conditions,provisions and requirements set forth,contemplated and referred to in the Plans, Specifications and other contract documents,and to full compliance therewith. Additionally,any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14.Award Of Contract The award of contract, if made, will be to the lowest responsive and responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity,and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15.Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed,the form,and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract,the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS,"of the Standard Specifications for Public Works Construction,may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However,the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16.Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided,and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised. 17.Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. See Appendix F for the City approved Payment and Performance Bond Forms. The Contractor may use any standard form for 13-4 the Bid Bond. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address&phone: Orange County Superior Court Probate Court Operations 341 The City Drive P.O. Box 14171 Orange,CA 92613-1571 (714)935-6061,Contact Linda C.Wallace Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18.Addenda Substantive City changes to the requirements contained herein will be made by written addendum to this Invitation for Bids.Any written addenda issued pertaining to this Invitation for Bids will be posted on the City's PlanetBids System Vendor Portal website at: hap plawtbids.comiporoPportaLfm?Cornpan It) 15340, and will be incorporated into the terms and conditions of any resulting Purchase Order and/or Contract as appropriate.The City shall not be bound to any modifications to or deviations from the requirements set forth in this Instructions to Bidders as the result of oral instruction or communication. The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY. 19.Bid Protest To be considered timely,a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest,but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20.Questions to the Engineer Questions regarding the bid documents(i.e.plans, specifications,contract documents,bid forms, etc.)will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 SECTION C PROPOSAL for the construction of ZONE 2 CURB RAMP INSTALLATION from VARIOUS LOCATIONS CC No. 1700 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 35 working days,starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees,etc.,and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts, and words shall govern over figures. ca SECTION C PROJECT BID CURB RAMP PROJECT,CC 1700 BID ITEMS r;'4 w*Alast-4;44.1ntt' 1 Mobilization 1 LS $50,000 00 50,000 00 2 Prepare Storm Water Pollution Prevention Plan(SWPPP) 1 LS $ 7,500,00 7,500.00 3 Install&Maintain Construction BMPs 1 Ls $2o,c)00.00 20,000.00 Construct Curb Access Ramp per Caltrans Std,Plan A88A/A8813 as shown on Curb Ramp Detail 1 in Appendix 4 H of Specifications (Item Includes all appurtenances,curb &gutter,depressed curb,sawcut,sidewalk,domes, 25 retaining curb,slot pave,etc.) EA $ 6,700.00 167,500.00 Horizontal Curb Cut Curb Access Ramp per Caltrans Std. Plan A88A/A8813 using horizontal curb cutting machine as shown on Curb Ramp Detail 2 in Appendix H of 5 Specifications (Item includes all appurtenances,curb& gutter,depressed curb,sawcut,sidewalk,domes,retaining curb,etc.) 67 EA $ 6,700.00 445.500 00 Construct Curb Access Ramp per Caltrans Std,Plan A88A/A588 as shown on Curb Ramp Detail 3 in Appendix 6 H of Specifications (Item includes all appurtenances,curb &gutter,depressed curb,sawcut,sidewalk,domes, 11 retaining curb,slot pave,etc.) EA $ 6,100.00 67,100,00 Remove and Replace damaged concrete cross gutter as shown on Curb Ramp Detail 4 in Appendix H of 7 Specifications (Item includes all appurtenances,curb& gutter,cross gutter,sawcut,slot patch,eta) 4,200 SF $ 17.00 71 400 00 Install 4"PVC Sleeve for Street Assembly Sign per City of HB Std.Plan 401 2 EA $ moo 1,000,00 Remove and replace existing sidewalk per City of HB Std. 9 Plan 207 at locations adjacent to ramp.(Item includes all 1,500 appurtenances,sawcut) SF $ 10.00 15,000.00 Remove and replaces existing 8"-12'Curb and Gutter per 10 HB Std.Plan 205(Item includes all appurtenances, sawcut,slot pave,etc,). 250 LF $ 50.00 12,500.00 860,900.00 C-2.1 SECTION C PROJECT BID CURB RAMP PROJECT,CC 1700 SUB-TOTAL BID AMOUNT IN WORDS: eight hundred and sixty thousand nine hundred dollars and zero cents Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern.The Owner reserves the right to reject any or all proposals and bid items. In addition,the City reserves the right to include or remove Bid Schedule B in the award of the contract. C-2.2 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 I 0 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid,find Bidder's Bond for 10% in the amount of 10% which said amount is not less than 10%of the aggregate of the total bid price,as required by the Notice Inviting ELECTRONIC Bid; payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for % ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here,if any: Addenda No. Date Received Bidder's Signature C-2 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 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 11/14/22,at Valencia ,— Date City State California , being first duly sworn, deposes and says that he or she is Secretary of Addison-Miller Inc 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 truee,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. Addison-Miller Inc Name of Bidder ______P it..--.....—_____ Sign ture of Bidder i l00 W Town&Country Rd Suite 1250 Orange,CA 92868 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ZONE 2 CURB RAMP INSTALLATION,(1)(weXit)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. Addison-Miller Inc Contractor 14/ Nate Beach By Secretary Title Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete,under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified,removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? EI Yes Ell 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-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Addison-Miller Inc Contractor Nate Beach •P ( By Secretary Title Date: ti I Lt 1 a C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Addison-Miller Inc Bidder Name 1100 W Town&Country Rd Suite 1250 Business Address Orange CA 92868 City, State Zip ( 310 )663-1683 NateAaddisonmillerinc.com Telephone Number Email Address CSLB#1001142 A B C-8 State Contractor's License No,and Class 2/13/2015 Original Date Issued 708/2023 Expiration Date The work site was inspected by Nate Beach of our office on 11/14,2022. The following are persons,firms,and corporations having a principal interest in this proposal: Cara Di Masi -President Nate Beach -Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Addison-Miller inc LCoiVany a e Signet e of Bidder Nate Beach Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this&7gly of i'l ,,2022. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California ) A,04 Aspireas County of 1414saaia. ) , On fie47.1"44' 2022- before me„--Age~se if)...... arAtee41.44- Month,Day,and Year Insert Name and Title of tary personally appeared .47.4/4•00-44e, "344.4.4.— 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. rdh°4". 46"461.4."46"4"14,0* 400 NotaniPAlic-California Los Angeles County I A17, m ccomornmission#2296236 Signature ,c,\... igef„,/, y Expi es Jul 29,2023 Signature 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(Describe specific work and experience necessary for project. For example,"Sanitary sewer line installation of at least of 1.000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size. Proiect work within public streets.an area containing high ground water and Pipeline construction in high ground wa er regions with trench depths of 8-feet to the invert.”1. 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. Los Angeles Department of Public Works-900 SEremont Ave Alhambra CA 91803 Name and Address of Public Agency Name and Telephone No.of Project Manager: Irma Vargas-(626)458-4951 S750,000.00 Concrete Maintenance Ongoing Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Remove 2nd Replace concrete sidewalks,curb ramps,curb end gutter,&cross gutters. 2. Orange County Public Works-601 N Ross St Santa Ana, CA 92701 Name and Address of Public Agency Name and Telephone No.of Project Manager: Alex Ortega-(714)955-0342 $9,000,000 Hauling Ongoing Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Provide hauling services for maintenance operations 3. Orange County Public Works-601 N. Ross St Santa Ana,CA 92701 Name and Address of Public Agency Name and Telephone No.of Project Manager: Alex Ortega-(714)955-0342 $15,000,000 8/31/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Provide hauling services for maintenance operations 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. I. Nate Beach Name of proposed Project Manager Telephone No,of proposed Project Manager: 310-663-1683 LADPW Road Maintenance District Job Order Contract-$750,000.00- Concrete curb ramps,sidewalks,cross gutters,curb and gutter- Ongoing Project Name&Contract Amount Type of Work Date Completed OCPW Countywide $15,000,000.00 Flood Control Maintenance 08/2020 Truckino Service§ Project Name&Contract Amount Type of Work Date Completed OCPW Countywide Trucking Services $9,000,000.00 Flood Control Maintenance Ongoing Project Name&Contract Amount Type of Work Date Completed 2. Larry Zepeda Name of proposed Superintendent Telephone No.of proposed Superintendent: 323-240-9170 North Beach Beach Trail Santa Monica,CA Boardwalk Improvements 2020 $11,500,000.00 Project Name&Contract Amount Type of Work Date Completed Sapwi Trail Community Park Park Imrpovements;concrete, 2018 Thousand Oaks,CA$5,500,000.00 landscape, utilities Project Name&Contract Amount Type of Work Date Completed 6th St Viaduct exterior transportation Sidewalk,Curb ramps,gutters, Los Angeles,CA$1,800,000.00 Lighting,Decomposed Granite,AC 2019 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 I771.1(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 $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWolics/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link—Call(844)522-6734 https://efiling.dir.ca.gov/P WCR/Act ionSery let?act ion=displayP WC Regi strat ionForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code,or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded," I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Addison-Miller Inc Contractor By Nate@addisomnillerinc.com Email Secretary Title Date: PWC Registration#: PW-LR-1000579727 C-12 BID BOND KNOW ALL BY THESE PRESENTS,That we, ADDISON-MILLER, INC. of 1100W.TOWN &COUNTRY ROAD#1250 ORANGE, CA 92868 (hereinafter called the Principal), as Principal, and GREAT MIDWEST INSURANCE COMPANY (hereinafter called the Surety),as Surety are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee)in the penal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for ZONE 2 CURB RAMP INSTALLATION NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 4TH day of NOVEMBER , 2022 ADDISON-MILLER, INC. (Seal) k4.. Principal Witness Tie GREAT MIDWEST INSURAN E COMPANY Witness By KEVIN E ttorney-in-Fact • POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS,that GREAT MIDWEST INSURANCE COMPANY,a Texas Corporation,with its principal office in Houston,TX,does hereby constitute and appoint: Philip E.Vega,Kevin Vega, Britton Christiansen its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY,on the 1st day of October,2018 as follows: Resolved, that the President, or any officer, be and hereby is,authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds,undertakings,policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed Ten Million dollars($10,000,000.00),which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact,so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 11th day of February,2021. ,4ti�.0,iNsua4,y��o� GREAT MIDWEST INSURANCE COMPANY C+ . 1-144-9- •\klfd:-- g CORPORATE SEAL .41 BY V) Mark W. Haushill l�4.4 CORPOpI�\o+ President ACKNOWLEDGEMENT On this 11th day of February, 2021, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and say that he is the President of GREAT MIDWEST INSURANCE COMPANY,the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation, .�`"rn"'�. CHRISTINA BISHOP �� '4( No Public,State of Texeo BY UP-0--7---- ,'�ti'.43! Comm.Expires 04.14-2026 Christina Bishop ���1rn°nti`�` Notary ID 131090488 Notary Public - CERTIFICATE I,the undersigned,Secretary of GREAT MIDWEST INSURANCE COMPANY,A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Houston,TX this 4th Day of November 20 22 , si 1NSUg4,�,CF ti�0 °0; e )e_tt j g CORPORATE SEAL BY Leslie K. Shaunty sq \off Secretary "WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any tact material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties. 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 11/04/2022 before me, PHILIP VEGA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer KEVIN VEGA,ATTORNEY-in-FACT personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/115014r authorized capacity(tes) and that by his/her•/Theix signature(,on the instrument the person(S)., or the entity upon behalf of which the personN 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. '`-• of f L V Notary PHIPublicIP•EGA California Signature z Los Angeles Sign. VP:f Notary Public Commission#s 2317591 '1 Comm,Expires MayCounty 31,1024 r 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 — ❑Limited ❑ General 0 Partner — 0 Limited 0 General 0 Individual ❑Attorney in Fact ❑ Individual 0 Attorney in Fact ❑Trustee 0 Guardian or Conservator 0 Trustee ❑Guardian or Conservator ❑Other: 0 Other: Signer Is Representing: Signer Is Representing: asdcVzs9rGV' • ' crVJoV _. _. _. ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 This acknowledgment is provided on an 81/2 X 11 in.letter size paper with continuous black border.It must be rejected if size or border has been altered.This warning appears also at the bottom of this document. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles On November 14,2022, before me, Denise O'Dell, Notary Public, personally appeared NATHANIEL BEACH, 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. DENISE O'DELL Notary Public-California Los Angeles County Commission!t 2296236 My Comm.Expires Jul 29,2023 Signature (Seal) OPTIONAL Description of Attached Document Title or Type of Document: BID BOND Document Date: Nov. , 2022 Number of page(s): One (1) Number of Signer(s): One (1) This acknowledgment is provided on an 81/2 X 11 in.letter size paper with continuous black border.It must be rejected if size or border has been altered.This warning appears also at the top of this document. I -o >- U c� Z N O O C.) w c c�a oco❑ cV 0- o — o Cr) Q Cn � N �- c o ❑ 0 ai c o co z a O Q E U p � � U m a) Z LL � U- 0 °- cc 0 05 0 L N c 0 U 0 O 01 N a rI 1- in 0 <'�� 1INcr7; City of Huntington Beach 1. 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov ���`C� •:Fe n i9os a :\c f1 Office of the City Clerk .61LINTY•CP\,11P Robin Estanislau, City Clerk April 25, 2023 CT&T Concrete Paving, Inc. 324 S. Diamond Bar Blvd. PMB 275 Diamond Bar, CA 91765 RE: Zone 2 Curb Ramp Installation —CC No. 1700 Enclosed please find your original bid bond for CC-1700. Sincerely, 9A1-4/7211144d Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan ('T 7 l�rt� SECTION C PROPOSAL for the construction of ZONE 2 CURB RAMP INSTALLATION from VARIOUS LOCATIONS CC No. 1700 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 35 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER.agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. c-1 SECTION C PROJECT BID CURB RAMP PROJECT,CC 1700 BID ITEMS I{t�gy�m flescr'ipi a �u hity� s lit LTin Cot° �Z taI ost �..:•. . ,a...-... _.,. -:. s'..., .. r -fc H a i ttlfis16tt1, x 1 Mobilization $ 1 LS $.'�i%.•��u 2 Prepare Storm Water Pollution Prevention Plan(SWPPP) �� 5 $ 1 LS $ SOU t . oo 3 Install&Maintain Construction BMPs 1 LS $ IC,L' ''L- IC',coo Construct Curb Access Ramp per Caltrans Std. Plan A88A/A888 as shown on Curb Ramp Detail 1 in Appendix 4 H of Specifications (Item includes all appurtenances,curb &gutter,depressed curb,sawcut,sidewalk,domes, 25 retaining curb,slot pave,etc.) EA $ `�,. l ( 1-3 0 Horizontal Curb Cut Curb Access Ramp per Caltrans Std. Plan A88A/A88B using horizontal curb cutting machine as 5 shown on Curb Ramp Detail 2 in Appendix H of Specifications (Item includes all appurtenances,curb& gutter,depressed curb, sawcut,sidewalk,domes, retaining $ curb,etc.) 67 EA $ c' ' 5' 5 c' ' Construct Curb Access Ramp per Caltrans Std. Plan A88A/A88B as shown on Curb Ramp Detail 3 in Appendix 6 H of Specifications (Item includes all appurtenances,curb &gutter,depressed curb,sawcut,sidewalk,domes, 11 $ retaining curb,slot pave,etc.) EA $ 7'1 0 0 S t?, '{i Remove and Replace damaged concrete cross gutter as shown on Curb Ramp Detail 4 in Appendix H of Specifications (Item includes all appurtenances,curb& $ gutter,cross gutter,sawcut,slot patch,etc.) 4,200 SF $ :22-5 /L'G, C'4-) 8 Install 4"PVC Sleeve for Street Assembly Sign per City of $ HB Std.Plan 401 2 EA $ j`/ 1'L, , c, Remove and replace existing sidewalk per City of HB Std. 9 Plan 207 at locations adjacent to ramp.(Item includes all 1,500 $ appurtenances,sawcut) SF $ I4 �1 r (, Remove and replaces existing 8"-12"Curb and Gutter per 10 HB Std. Plan 205(Item includes all appurtenances, $ sawcut,slot pave,etc.). 250 LF $ 6-gi 7,, o o( $ C-2.I SECTION C PROJECT BID CURB RAMP PROJECT,CC 1700 SUB-TOTAL BID AMOUNT IN WORDS: i€ k, i--i till r.(31 4 hF . -c&vc-tf I f1tIitC41..r(, Two It4t;mdri:q Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. In addition, the City reserves the right to include or remove Bid Schedule B in the award of the contract. C-2.2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid,find Bidder's Bond in the amount of 1o%of Total which 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 Signature C-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 Item(s) Subcontractor License Registration# Amount Contract Number P u;. .'t LCt,b1 CL 51)( el tju r V4:11 Y1C'lr 1_ .. 31'. - i:y j i:Ii O i/-'U { 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 11/16/22,at Pomona , CA Date City State Jose Carvajal , being first duly sworn, deposes and says that he or she is President of CT&T Concrete Paving Inc 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. CT&T Concrete Paving inc/ Name of/7.B„i..,d/'-d-er./,../'•"-/ ;./, ; ignature • of Bidder 324 S. Diamond Bar Blvd, PMB 275, Diamond Bar, CA 91765 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ZONE 2 CURB RAMP INSTALLATION, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical. secondary or transmission facilities. The term "Qualified Person" is defined in Title 8,California Administrative Code, Section 2700,as follows: "Qualified Person: A person who, by reason of experience or instruction, is 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. CT&T Concrete Pay' Inc Contractor y.. President Title Date: 11/16/22 c-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? CI Yes l2gNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. CT&T Concrete Pavin Contractor / / President Title Date: 11/16/2022 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: CT&T Concrete Paving Inc. Bidder Name 324 S. Diamond Bar Blvd, PMB 275 Business Address Diamond Bar, CA 91765 City, State Zip (909 ) 629-8000 iose.cttinc@gmail.com Telephone Number Email Address 875627, Class A,C8, C12 State Contractor's License No. and Class 04/05/2006 Original Date Issued 04/30/2024 Expiration Date The work site was inspected by Jose Carvajal of our office on November 15th ,202 . The following are persons, firms, and corporations having a principal interest in this proposal: CT&T Concrete Paving Inc. Jose Carvajal, President&Secretary Jackie Carvajal, Treasurer 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. CT&T Concrete Pavi Inc. Compan7Na I/ /,,, ,,0 i // s , ,2 ,/ // f / / * rtatUre of/Bidder / Jose Carvajal, President Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this j'-•r day of Ot-,/,,, ,.— ,202 2-. 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 �„ ;,,-v=5 es ) County of t _,. A,.,<t ie; ) On .1pvL .r.,, �.., )`; `\,0.1-L before me, 141 plie I A_ 331,1./.c.,-- Month,Day,and Year Insert Name and Title of Notary personally appeared L^.S t ti c et —-----.--- ._... - .... -------- _ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose nameK 4/are subscribed to the within instrument and acknowledsed to me tha00/shdthcy executed the same in its/herfthheir authorized capacity(ies),and that by(his/heMheir 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. .. '•. a;„ DANIEL A.BUTLERi WITNESS my hand and official seal. N�L6.--. <.,A Commission ft 2402807 t' « ,� Notary Public-Califomia y • .` '. !j Los Angeles County ie My Comm.Expires May 2,2026rI Signature ;:s4'-z-za �� __._ Signature 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(Describe specific work and experience necessary for project For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets,an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."). Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: I. Los Angeles County Department Public Works, 900 S. Fremont Ave,Alhambra, CA 91803 Name and Address of Public Agency Name and Telephone No. of Project Manager: Cesar Orellana, 562-869-1176 $3,000,000 on Parkway Concrete Maintenance Project 8/21/2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Removal and replacement of concrete sidewalk,curb&gutters,ADA Ramps,and chive approches at various locations in Los Angeles County District 4 2. City of Anaheim,400 E. Vermont Ave, Anaheim, CA 92805 Name and Address of Public Agency Name and Telephone No. of Project Manager: Lorenzo Rea,714-765-6893 $402,238.45 Concrete Removal and Replacement at Various Locations 9/8/2021 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Removal and replacement of sidewalk,curb&gutters,ADA Ramps,and drive approaches at various locations 3. City of Laguna Woods, 24264 El Toro Road, Laguna Woods, CA 92637 Name and Address of Public Agency Name and Telephone No. of Project Manager: April Baumgarten,(949)639-0568 $111,800 00 ADA Pedestrian Accessibility Improvement Project 1/9/2021 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Removal and replacement of ADA Curb Ramps at various locations in Laguna Woods 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. Richard Ramos Name of proposed Project Manager Telephone No.of proposed Project Manager: 909-957-6717 ADA Curb Ramp Improvements R/R ADA curb ramps at $651,300.00 various locations 8/30/2022 Project Name& Contract Amount Type of Work Date Completed Parkwa' Govtaae Media e.vtavtce. R/lt Stdewa4.fc, Curb 4 gMD,YOUo70% /13,000,boo Gv1-1-eirs,Detve Approa s, 6(3122 a AnA - 204.4,-1,S Project Name& Contract Amount Type of Work Date Completed #y wide a'clewa.P.k 4 Cvrb Ri/z Si J4 t, aa44.40 !rot ro veeni.4 l- Projc t &web S Z5$, 570.D �' 5/1 122 Project Name&Contract Amount Type of Work Date Completed 2. Oswaldo De Anda Name of proposed Superintendent Telephone No. of proposed Superintendent: 909-706-5506 Ggvtc're l a-+r S-erv►r-eS On-CAA CA;frirr4.-i 3,11 S,W 52. "z? Ma.:ritarta• .e- Se r vice S !a l zz.12-2 Project Name & Contract Amount Type of Work Date Completed Gphr refe ge4mvoti2 & R-fifl "'` K/E cfaiewAtk.,arb, a Vp..i)vS (.t)t40.1 v-Y+S 61114e'rr,i prtve AfPra Atha s 917121 Project Name& Contract Amount Type of Work Date Completed RD�r l'edcsktiah AccesS;biii ti or, OAw6 lrvprovervtei. - Prosec,} S 111 , BC0,v° �"'""�' 1 (glz( 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 WCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. CT&T Concrete Paving Inc. Contractor jose.cttin c@gma il.com Email President Title Date: 11/16/2022 PWC Registration #: 1000025154 C-12 kelal Document A310TM — 2010 Bid Bond Bid Bond No:N/A CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place CT&T Concrete Paving, Inc. ofbusiness)Contractors Bonding and Insurance Company 324 S. Diamond Bar Blvd. PMB 275 9025 N. Lindbergh Drive Diamond Bar, CA 91765 Peoria, IL 61615 This document has important legal consequences.Consultation with OWNER: an attorney is encouraged with (Name. legal status and address) respect to its completion or City of Huntington Beach modification. Any singular reference to 2000 Main St. Huntington Beach, CA 92648 Contractor,Surety.Owner or BOND AMOUNT: Ten Percent of the Total Amount Bid (10%of Bid Amount) other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Zone 2 Curb Ramps Project Number,if any:Project#CC1700 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(I)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 hid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said hid,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. Sig: :dsea1esl ed a d thi day of November 2022 (Seal) itlel-70Se. 0 \Jct. Pr-CSicQtti� Contractors Bondin and I urance Company (Sure (Seal) (Witness) (Title) Emilie George, tornr -in-Fact AIA Document A310TM—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,This document was created on 01/27/2012 07:23:12 under the terms of AIA Documents-on-Demand""order no. 2008397483,and is not for resale.This document is licensed by The American Institute of Architects for one-time use only,and may not be reproduced prior to its completion.nai,,n CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Los Angeles } On ,UO )S4'iO'2 7- before me, Daniel A. Butler, A Notary Public 11 (Here insert name an title of the officer) personally appeared ct 1 --------- — , who proved to me on the basis of satisfactori evidence to be the person(s) whose name(-s) is re subscribed to the within instrument and acknowledged to me that iCl'f.he/they executed the same in Qat er/their authorized capacity(ie-s), and that by er/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. DANIEL A.BUTLER WITNESS myhand and official seal. <�nT.\\ Commission#2402807 taw. Notary Public-California Los Angeles County r ' My Comm.Expires May 2,2026 Notary Public Signature (Notary Public Seal) . • ♦ ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long - n 7J as the wording does not require the California notary to violate California notary 1� cc�/ �7�y� law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect fonns(i.e. lie/she/they, is lare)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple, CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 fOi' 014A'few':it :fir a6E_FRiECCWA.. 0.#0. :i X 0�` WW:ff' sl t%'a+60€4044F00't01'rS i A f gi ac v oA` t,ail k Y 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 Orange County of J. Smith, Notary Public On -.__._....N.Q_ �__L�lL'n 2�__._____ before me, _ , Dote Here Insert Name and Title of the Officer Emilie George personally appeared Narne(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 J.SMITH fir-- notary Pubtic•California $ paragraph is true and correct. I oran,e county �iCommi�siontl39Ht96 [ WITNESS my hand and official seal. •" fr omm.Ex;irati wY 19,2029 E f /". Signature l V ► 1 Place Notary Seal and/or Stomp Above Signature of Notary Public OPTIONAL ___ Completing this information can deter alteration of the document or i fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: • Document Date: _.__.__ ____ _ Number of Pages: Signer(s) Other Than Named Above: 1 Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General o Individual 0 Attorney in Fact ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee ❑ Guardian or Conservator r] Other: 0 Other: Signer is Representing: _._.._._.._._.._... Signer is Representing: ....-..._. ...___....—_-_.—_____..._._._. I ki igitEs.". ` c t4v 1. 61M SCIMM$c ittigI r.' .. - ',. . 94tof.3vk".u.rn'.�.irm m aS44`,404 srF3 =2019 National Notary Association POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the"Company")do hereby make,constitute and appoint: Yung T.Mullick,James W.Moilanen,P.Austin Neff,Irene Luong,Emilie George,Danielle Hanson,Christine Hoang,jointly or severally in the City of Mission Viejo , State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is now in force,to-wit: "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,any 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." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 24th day of March , 2021 . RLI Insurance Company yo .N POR `s25VP �E Co qy Contractors Bonding and Insurance Company _¢ ggp -. SEAL .•°_ s SEAL . By: ;:o, z Barton W.Davis Vice President J T State of Illinois �,,,•. .,, ,/L LIN 0%9 ,�I.I N Ot �`�,ss 11111 t1 t,t SS County of Peoria CERTIFICATE On this 24th day of March 2021 before me, a Notary Public, I, the undersigned officer of RLI Insurance Company and/or personally appeared Barton W. Davis , who being by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore, that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony act and deed of said corporation. whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance 00O3/141;-% Company this 11th day of November , 2022By: j_w •0 RLI Insurance Company Catherine D.Glover Notary Public Contractors Bonding and Insurance Company 41.� CATHERINE 0.GLOVER . 4 4 OFFICIAL SEAL i I Palmy Public-State ot Minors By: 0 3./. 1C. mcc My Ma Commission Expires nK Jeffrey icl� Corporate Secretary 0456659020212 A0058D19 _J Q 2 2 Q re O Jo C cn 0 @� N Hy N _ C =- Q ti Z E W cc c> O cC E 0 I— 1- 2 d O 'U 1- 0 Z N # Z CI c CU) cc I 0 'a >- N L ~ 0 t D E ~ C.) Z 0 W +r CO 0 CI •O of L Eha C co J N Q 0. CO U O • a u. m c 13 O > in cmti o Q 3 L1" m y U cU Cr) = V t n. ma o 4" 0 °�.' cU CO CDd m ✓ ° as L + coy oo = = O _ � Hvi ° 0 .� a •._--, 0 0cc U a N 2 •R+r^ �y,- m n" x" '^,�°+�*P'p^3 r w.^,.,-+�:^ ..,.-�!- `.....'.�r T.""9'` ' r a ^� k'. A S - 1 ^! E77r'al o-C4'x,. M ifr; Sri 4 'T" i .:r'� i � 7.7.5; .€r..7 't r._ u i ,t,1:::j s f'x „.4 fi v , a * �g r:'� a`{, #k "i !r 1 :, 1 '' i�S,h f . .,^„„� "{:. l' 11;`tt t�9;'a ,. �, t ',' ,' },a ,, Y ,� .1t� w4.. i3.r t ti i g a d a S x 'flr " .,.f ''� tY*,:yi '7,', d.�V :`7 .. #ifii 1ii -oc{ .•Y k ; ''i I.`v. .F ° ;".. , Y+`sn + ..vf :VI ', � ,9,l 'n tX Pe'f3 * Y,I. 1' A - $: 4.4 '.'. ,t.r ,`1 3t' it«, ltx .�'.�e�,� . .V «`r»tc kti,�,� .r .+k,«�"F«a. <G.w"Fb��ki1�� '- ul '� _ _ 3._�1e�;;. �,^r`$ia �W ti -..,..=,.r�a.�s'—.t"�.� cn:. ki'7 00/��NTIN . ; City of Huntington Beach 1��•k.__. ••;F��� 200o Main Street ♦ Huntington Beach, CA 92648 sz (714) 536-5227 ♦ www.huntingtonbeachca.gov T: - \\\vC • E •• ogo Office of the City Clerk �UNT........ 90 9'�P j\1o` Robin Estanislau, City Clerk April 25, 2023 Nobest Incorporated 7600 Acacia Avenue Garden Grove, CA 92841 RE: Zone 2 Curb Ramp Installation —CC No. 1700 Enclosed please find your original bid bond for CC-1700. Sincerely, 9, M,u4J4u) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan NO hi JI' /k. SECTION C PROPOSAL for the construction of ZONE 2 CURB RAMP INSTALLATION from VARIOUS LOCATIONS CC No. 1700 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 35 working days,starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts, and words shall govern over figures. C-i SECTION C PROJECT BID CURB RAMP PROJECT,CC 1700 BID ITEMS m s,, � v�-�}`.�'" c � �., t� is)r�,��ad a �g y� ' fl �, ft,t. l 6 �' ^^ 32'� �� t 93 ii pz §N'd^@ 61 e f V ,4. 1 Mobilization $ 1 LS $Y. d4(t P° 3 0�900. !2�' 2 Prepare Storm Water Pollution Prevention Plan(SWPPP) 1 LS $�5410 7 00 3 Install&Maintain Construction BMPs 1 LS $ 14�� 0C 0 00fi. Construct Curb Access Ramp per Caltrans Std. Plan A88A/A88B as shown on Curb Ramp Detail 1 in Appendix 4 H of Specifications (Item includes all appurtenances,curb &gutter,depressed curb,sawcut,sidewalk,domes, 25 ^7yf /�,+f retaining curb,slot pave, etc.) EA $ 690- 17Sut�, Horizontal Curb Cut Curb Access Ramp per Caltrans Std. Plan A88A/A88B using horizontal curb cutting machine as 5 shown on Curb Ramp Detail 2 in Appendix H of Specifications (Item includes all appurtenances,curb& gutter,depressed curb,sawcut,sidewalk,domes, retaining ore 0 curb,etc.) 67 EA $ 6/4° 2 6l . Construct Curb Access Ramp per Caltrans Std. Plan A88A/A88B as shown on Curb Ramp Detail 3 in Appendix 6 H of Specifications (Item includes all appurtenances,curb $ &gutter,depressed curb,sawcut,sidewalk,domes, 11 �^�, 3 2 oe retaining curb,slot pave,etc.) EA $ 3,.�w 4 5a Remove and Replace damaged concrete cross gutter as 7 shown on Curb Ramp Detail 4 In Appendix H of Specifications (Item includes all appurtenances,curb& oC gutter,cross gutter,sawcut,slot patch,etc.) 4,200 SF $ �'' /30 02400. 8 Install 4"PVC Sleeve for Street Assembly Sign per City of d� $ a HB Std.Plan 401 2 EA $ sag.—�--� /04g-.- Remove and replace existing sidewalk per City of HB Std. $ 9 Plan 207 at locations adjacent to ramp.(Item includes all 1,500 0,0 at, appurtenances,sawcut) SF $ g• " a ova Remove and replaces existing 8"-12"Curb and Gutter per 10 HB Std.Plan 205(Item includes all appurtenances, ©© $ D sawcut,slot pave,etc.). 250 LF $ �10. d� 7 O'd° $ 1&9e,oed. C-2.1 SECTION C PROJECT BID CURB RAMP PROJECT,CC 1700 SUB-TOTAL BID AMOUNT IN WORDS: Of UunitcI IVihtiy - fhou$4gJ (W/411$ Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. In addition, the City reserves the right to include or remove Bid Schedule B in the award of the contract. C-2.2 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 andg void. Accompanying this proposal of bid,find & d d Pr I LEA in the amount of /l Pa which 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 Signature C-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. I Bid Name and Address of State Class DIR PWC Dollar %of Item(s) Subcontractor License Registration# Amount Contract Number By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on i Z2,r at (Ai eti- Date City State L-a/7 No)fo , being first duly sworn, deposes and says that he or she is ` e►7 - of /Yp bee' , 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. Name of Bidder Sign id 1 6'g0 CU ( Ike. Address of Bidder C-0 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the ZONE 2 CURB RAMP INSTALLATION, (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. Contractor By t..+a. f C'2 , 19rc°tt'ff Title Date: /d— C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete,under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes El 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-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Iio4et Contractor iTc By e II Title Date: 0- 1 6 - Z -- C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: !"QbeSi-- Z iic, Bidder Name ''%&QO 4cack hive, Business Address & q(IP47 6-five; (q 92 g w City, State Zip (-11y ) {(4'-SS S9 Telephone Number 4. Email Address State Contractor's License No. and Class Ll—a8 Original Date Issued 7. 3I 2qq Expiration Date The work site was inspected by 111 116,y LeitAS of our office on kevep*4r-P/' / , 2022.. The following are persons,firms,and corporations having a principal interest in this proposal: c/Pt-f 001161 5ecre-Aafy 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. Company Name Signs f Bi r \-71.N7-4 t-I('(y //i' /an,J Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this t tday of I10 ,202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of C '<< ( ) County of Ona-ovde ) On At/aim,(der'' l 2-0 2-2— before me, VlVi 6'f tcu.J r+ . Alf1V ht/a Month,Day,and Year Insert Name and Title of Notary personally appeared 4 641 tas. ' 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. *```" > VIVI M" ! 40 Coft+meli0n#Z406442 Noisy Pubre-Cal ifornia i\-x: ; My Com .EYE JU:1 5.2026 Signature Signature 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 {Describe specific work and experience necessary for project. For example, "Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets,an area containing high ground water and pipeline construction in high ground water regions with french depths of 8-feet to the invert."}. 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. Qe f z`Cif( Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: • 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: c-10 NOBEST INCORPORATED REFERENCE LIST Page 1 No. 1 Project Name/Number: Concrete Replacement Program Project Description: Remove&Replace Curb&Gutter, Sidewalk,Driveway, and Ramp Approximate Construction Dates: From: 3/2018 To: 8/2018 Agency Name: City of Newport Beach Contact Person: Mike Sinacori Telephone: (949)644-3342 Original Contract Amount: $784,000_Final Contract Amount: $ 855,000 No. 2 Project Name/Number: Heil Avenue& Indianapolis Street rehabilitation Project Description: Remove&Replace Curb&Gutter,Sidewalks,Driveways,and Cross Gutter Approximate Construction Dates: From: 7/2018 To: 1/2019 Agency Name: City of Huntington Beach Contact Person: John P. Telephone: (714) 536-5431 Original Contract Amount: $476,832 Final Contract Amount: $ 539,000 NOBEST REFERENCE LIST Page 2 No. 3 Project Name/Number: Annual Concrete Maintenance Program Project Description: R&R Concrete Sidewalks,Curb&Gutter,Drive Approaches,and Curb Ramps Approximate Construction Dates: From: 2/2013 To: Present Agency Name: City of Huntington Beach Contact Person: Dereck Livermore Telephone: (714) 960-8861_ Original Contract Amount: $500,000 Final Contract Amount: $ In Progress No. 4 Project Name/Number: Replacement of Alley,ADA Ramps &Sidewalk_ Project Description: Remove&Replace Sidewalks,Alley Pavement,Curb Ramps,and Curb &Gutter Approximate Construction Dates: From: 8/2019 To: 9/2019 Agency Name: City of Los Alamitos Contact Person: Dave Hunt Telephone: (714) 296-5836 Original Contract Amount: $121,050 Final Contract Amount: $ 123,000 NOBEST REFERENCE LIST Page 3 No. 5 Project Name/Number: CIP Project Phase 5 Residential Street Rehabilitation Project Description: Remove&Replace Sidewalk,Curb Ramps.Curb&Gutter,and Cross Gutter Approximate Construction Dates: From: 7/2019 To: Present Agency Name: City of La Mirada Contact Person: Eric Villagarcia Telephone: (562) 902-2373 Original Contract Amount: $1,734,839 Final Contract Amount: $ In Progress No. 6 Project Name/Number: Street Preservations Local Citywide Project Description: Remove and Replace Sidewalk,Curb&Gutter,Driveways,Curb Ramps,and Alleys Approximate Construction Dates: From: 10/2018 To: 1/2019 Agency Name: City of Pomona Contact Person: Matt Pilarz Telephone: (909) 620-3652 Original Contract Amount: $603,406 Final Contract Amount: $ 486,000 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. See ffCrc Name of proposed Project Manager Telephone No. of proposed Project Manager: Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed 2. Name of proposed Superintendent Telephone No. of proposed Superintendent: Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed C-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 6.30.1.4.pdf DIR's Contractor Registration Link-Call (844) 522-6734 https://e fi ling.dir.ca.gov/PWCR/ActionS ervlet?acti on=displayPWCRe gistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. `DIe _ Contractor By (7.---" \\447) WU— Email Title Date: 1 1 Z Z- PWC Registration#: d t)CO( l52 C-12 Bid Bond Bid Bond Number CSBA-22452 CONTRACTOR: SURETY: (Tame,legal status and address) (Name,legal status and,prindpal place of bu mars) Nobest Incorporated Merchants Bonding Company(Mutual) 7600 Acacia Ave. 6700 Westown Parkway Garden Grove,CA 92841 West Des Moines,IA 50266 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:Zone 2 Curb Ramp Installation,CC No.1700 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 15th,day of November,2022 Nohest Incorporated) (Principal) (Sea!) :tress) (Title) v NM)cir'N )Pr\e'v .\.)04..C.-C jj -\kD (Sumo) -=y� (Baal) (Witness)Melissa Ann Vaccaro '`(fide)Arturo Ayala,A ey-in-Fact By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers(NASBP)(www.nasbp.org)makes this form document available to its members,affiliates,and • associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that NASBP the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 Aieogil"lxr- I r 1'12 before me, Vivi Goenawan,Notary Public Date Here Insert Name and Title of the Officer personally appeared Latry Ni4 tc" 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 for-going •=ragraph is true and correct. WITNESS my hand and official se;I., YiYi C#NnWAN r.� commirioat 2d08. S,'�'� NotaryPubk-C�Idanie ,F, RANGECanty O Signature - '_My Comm.Expire JULY 15,2026 J Signature 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: rl CS — 2— Document Date: I( f( 2r�2L Number of Pages: Signer(s) Other Than Named Above: clf ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 11/15/2022 before me, Melissa Ann Vaccaro,Notary Public (insert name and title of the officer) personally appeared Arturo Ayala 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. "j ME rS NSA ANN VACCARO WITNESS my hand and official seal. `°S COMM.#2401942 a �• 3 Notary Public California a 14 j ORANGE COUNTY +a* �1-1 My, Comm.Expires May 12,2026t --- '- Signature CtS Ong) (Seal) Melissa Ann Vaccaro MERCHAP 5 Bond No.CSBA-22452 BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,1NC., both being corporations of the State of Iowa(herein collectively called the'Companies")do hereby make,constitute and appoint,individually, Adrian Langreil;Arturo Ayala;Ben Stong;Benjamin Wolfe;Chelsea Arnold;Daniel Huckabay;Dwight Reilly;Frank Morones;Michael D Stang;R Nappi;Shaunna Rozelle Ostrom their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney Is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23, 2011 and amended August 14,2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-In-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 26th day of August • 2022 • ....,....... ,•--... °Q•(tON.4.41%, .•.LNG C4.•.' r +'•ApaR eo'' ;O4.k• - 9.• MERCHANTS BONDING COMPANY(MUTUAL) A.ic, •9,P Z= • 'c A'1.. 1, MERCHANTS NATIONAL BONDING, INC. w 0�, 2003• ..."'•A= .'' 1933 .c: By 747/‘,....... ,.� ••7 O.' �• +• President STATE OF IOWA '•.. ..•` • COUNTY OF DALLAS ss. On this 26th day of August 2022 before me appeared Larry Taylor, to me personally known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �Pg tA[ POLLY MASON i Intl 5. Commission Number 750576 • *gilts' • My Commission Expires. o�' /pYVP January7+2023 Pol,tNotary Public (Expiration of notary's commission does not Invalidate this Instrument) 1,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 15th day of November .2022 • ON `•. • :fir$ _o_ t��+t. :�:_. -o- 47-A:ri.*:—.,:s: dt":46: 41-c-0/ 01:04":-F-44"4":„.0,5:3'' F.+4t d •3• v` i : 1933 •y• Secretary s, • 20o . . :- •: J POA 0018 (1/20) """'. Bid Bond Bid Bond Number:CSBA-22452 CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principalpkwe of business) Nobest Incorporated Merchants Bonding Company(Mutual) 7600 Acacia Ave. 6700 Westown Parkway Garden Grove,CA 92841 West Des Moines,IA 50266 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:Zone 2 Curb Ramp Installation,CC No. 1700 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 15th day of November,2022 Nobest Incorporated 4rT (Title) LA.Q g:21 Merchants Bondin Co an utual \� • \r�^ 1—C�� (Suzzty) (Seal) (Witness) Melissa Ann Vaccaro "(Title)Arturo Ayala,A ey-in-Fact • By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers(NASBP)(www.nasbp.org) makes this form document available to its members,affiliates,and associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that NASBP the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,at— - „cm. r c� rc:. tec=t�.. .. ..ff,c -,. .... t am": : .,Z c rc�c c rc. -,e:t,..'„,ri : -.,4 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 111 90144 ' I i Ica before me, Vivi Goenawan, Notary Public Date ,, Here Insert Name and Title of the Officer personally appeared Larry tftAtt"\-01 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 for-going •=ragraph is true and correct. WITNESS my hand and official se l\., VIVI t,#NAWAN Ilif $ -,�� Camrtrsaion 81408442 a �: Notary Public-California Signature wlyJ i ORANGE County My Comm.Expires JULY 15 2026 j Signature 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 � ` y� 2Z` L Title or Type of Document: `� � Pel CS A- ^ 1'r Document Date: I( /Q22L Number of Pages: Signer(s) Other Than Named Above: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 11/15/2022 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Arturo Ayala 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. MELISSA ANN VACCARO WITNESS my hand and official seal. s COMM.#2401942 rl N • Notary Public-California c u. % ORANGE COUNTY u. �; � My Comm.Expires May 12,2026 ( -�- - Signature \, \ i.G�r�—, (Seal) Melissa Ann Vaccaro � Bond No.CSBA-22452 MERCI-IA.Nii' BONDING COMPANY-. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Adrian Langrell;Arturo Ayala;Ben Stong;Benjamin Wolfe;Chelsea Arnold;Daniel Huckabay;Dwight Reilly;Frank Morones;Michael D Stong;R Nappi;Shaunna Rozelle Ostrom their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 26th day of August , 2022 • ' ff' . A MERCHANTS BONDING COMPANY(MUTUAL) cos -A 'O•O•APO q .ti ma;G j, •�•V .A ..e.• MERCHANTS NATIONAL BONDING,INC. j': 2003 �z�i; :a 1933 •Z. By 774_, .yJ. `Y. . .. '0> .71��: •: , .. 4. • President STATE OF IOWA •�•'•. �7 ..•'•� ••• tr ••• COUNTY OF DALLAS ss. On this 26th day of August 2022 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. µtk FOLLY MASON 0 ts' Commission Number 750576 Z eaee '- My Commission Expires `"" January 07,2023 �-a.� /OWP ry Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 15th day of November ,2022 • .•`'•pZ1ONg,. . ONO Co4 • • A•• 2 • . a. 1933 Secretary ,v. 2003 : �; -� • ",, :d'. .. ; r ;Jd •lac. POA 0018 (1/20) ............* sk,t��a r 24 d 4 - h �t}i} age - i 4 { did'` e,i. 3` � '!'f t%'i y 3 _ 7 4 1(a !zH €9N Zia 1 i t c k �r t akif.} sII ti 1¢ 1y X ti K� aL�� 1 't 4- , i k '",Thy q >: t� §4i�f F. ( ; S t 4 fk 4 l 44 I n f {31I-'1;!:,t-bISkag t•J{ a s i ` d`a i 4 t Fes'' �l , N ,{ 9 ¢ p f. ' • l 1 # Y t I A F � ,2 J VY q H �.,'�,y jj k .A'f t Git((Y7 q it h-TIK':Y 10i, t o 4 4Y 3 ti Y;. f) f s.f "!5'a.( i 6 f ,,;._:•1,.,,::..,,.4:,,':t:,'t 7,,-.t7,---''44-C'A,c,„t,(i\,.:,4„;',,i—:t-•i!A.:.::.••.t A4-.'-3',t.::-„.:,-...,:-„-i:-,•...•)•..-T,'7;,4.:•,.;.;:;.. i. !_.: ,t t }- i ,fF iA Tf i ' a f ,- r t+t s,i \;.. F 1.3 YiIf! 1 .1 { t '4f < - - ,. 4 ,tI1 a > a'�a i r aP j r;j,\ ,�Ea r �a + a t tr - � Y lS a i Y. r P s; , ..g �q a x . N ,- d .'� p 'RtS �}h f Y� q t h` _ 9 V tE u f 4 P q =•! L t•P f i • f ,, # ., r'r ra # ' fad W AG }0•. kr ,',',4J TF.,4!Zk'..'ji.',. .,:,.t` -''. ." .. ' ':-•''''.'-' ;,'1'-';'-,''''.':'.'.--',.';''i''''''"''', i'4 ,:.-,,.,.._::,,7„,,,... , • .• t tl4:i. li ' ' f� n , ���ta 0 Wes! 4 'a< I t . ti �a _' ` � � Z t t ar P N` fi n. { �$ € ' # Z • Y4yt[ \ } a Qe~ i fit$ a . !„--.,-, '. .,-,,,,;•,-.7,m,::::::: . H F , d •- Z +4,r, 4x - B p f V Q 1.'4 lif 1 r Nft r : 1 ///��iat ,i f'\\... ......; City of Huntington Beach O� owPoaar,v 6'\ 2000 Main Street ♦ Huntington Beach, CA 92648 ` - (714) 536-5227 • www.huntingtonbeachca.gov \s' "'.ace` .47 = 1 „ „o, ..\�o�`�� Office of the City Clerk couNr?•�Pjl�) Robin Estanislau, City Clerk April 25, 2023 Towo Enterprise, Inc. 2536 Fender Avenue, Suite D Fullerton, CA 92831 RE: Zone 2 Curb Ramp Installation —CC No. 1700 Enclosed please find your original bid bond for CC-1700. Sincerely, tPifft, 9,4 "44114141-1) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City:: Anjo, Japan I U)v(1) 1 r4r[`>r SECTION C PROPOSAL for the construction of ZONE 2 CURB RAMP INSTALLATION from VARIOUS LOCATIONS CC No. 1700 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 35 working days,starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts, and words shall govern over figures. C-1 SECTION C PROJECT BID CURB RAMP PROJECT,CC 1700 BID ITEMS Item l erip>iou Quantity 10�t�tt ost 5 *� 1 Mobilization $ 1 LS $35,000.00 35,000.00 2 Prepare Storm Water Pollution Prevention Plan(SWPPP) $ 1 LS $5,000.00 5,000.00 3 Install&Maintain Construction BMPs $ 1 LS $5,000.00 5,000.00 Construct Curb Access Ramp per Caltrans Std. Plan A88A/A88B as shown on Curb Ramp Detail 1 in Appendix 4 H of Specifications (Item includes all appurtenances,curb &gutter,depressed curb,sawcut,sidewalk,domes, 25 $ retaining curb,slot pave,etc.) EA $4,800.00 120,000.00 Horizontal Curb Cut Curb Access Ramp per Caltrans Std. Plan A88A/A88B using horizontal curb cutting machine as 5 shown on Curb Ramp Detail 2 in Appendix H of Specifications (Item includes all appurtenances,curb& gutter,depressed curb,sawcut,sidewalk,domes,retaining curb,etc.) 67 EA $3,200.00 214,400.00 Construct Curb Access Ramp per Caltrans Std. Plan A88A/A88B as shown on Curb Ramp Detail 3 in Appendix 6 H of Specifications (Item includes all appurtenances,curb &gutter,depressed curb,sawcut,sidewalk,domes, 11 $ retaining curb,slot pave,etc.) EA $3,200.00 35,200.00 Remove and Replace damaged concrete cross gutter as 7 shown on Curb Ramp Detail 4 in Appendix H of Specifications (Item includes all appurtenances,curb& gutter,cross gutter,sawcut,slot patch,etc.) 4,200 SF $38.00 159,600.00 8 Install 4"PVC Sleeve for Street Assembly Sign per City of $ HB Std. Plan 401 2 EA $1,500.00 3,000.00 Remove and replace existing sidewalk per City of HB Std. 9 Plan 207 at locations adjacent to ramp.(Item includes all 1,500 $ appurtenances,sawcut) SF $12.00 18,000.00 Remove and replaces existing 8"-12'Curb and Gutter per 10 HB Std. Plan 205(Item includes all appurtenances, sawcut,slot pave,etc.). 250 LF $75.00 18,750.00 613,950.00 C-2.1 SECTION C PROJECT BID CURB RAMP PROJECT,CC 1700 SUB-TOTAL BID AMOUNT IN WORDS: Six Hundred Thirteen Thousand Nine Hundred Fifty Dollars and Zero Cents Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. In addition, the City reserves the right to include or remove Bid Schedule B in the award of the contract. C-2.2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid,find Bid Bond in the amount of 10%of G.A.B. which said amount is not less than 10%of the aggregate of the total bid price,as required by the Notice Inviting ELECTRON C Bids_ navable 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 acceptab e. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidders Signature N/A N/A C-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 Item(s) Subcontractor License Registration# Amount Contract Number SoCal Stormwater Runoff #2 Solution Services Inc. C3483049 N/A 1000435627 $5,000.00 1% 15030 Ventura Blvd #669 Sherman Oaks, CA 91403 Professional Curb Cut #5 P.O. Box 161 840095 D06 / 1000055822 $30,000.0C 5% Mira Loma, CA 91752 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 11H6/2022 ,at Fullerton , CA Date City State Yun Su Chung , being first duly sworn, deposes and says that he or she is President of Towo Enterprise Inc 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. Towo Enterprise Inc Name of Bidder Signature of Bidder 2536 Fender Ave Suite D,Fullerton,CA 92831 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ZONE 2 CURB RAMP INSTALLATION, (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. Towo Enterprise Inc Contractor By Yun Su Chung, President Title Date: 11/16/2022 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? ❑ Yes ii No If the answer is yes,explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Towo Enterprise Inc Contractor By Yun Su Chung, President Title Date: 11/16/2022 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Towo Enterprise Inc Bidder Name 2536 Fender Ave Suite D Business Address Fullerton CA 92831 City, State Zip ( 714 ) 770-0379 luichung@towoenterprise.com Telephone Number Email Address 986567,A-General Engineering State Contractor's License No.and Class 09/06/2013 Original Date Issued 09/30/2023 Expiration Date The work site was inspected by Yun Su Chung of our office on November 10 ,202 2. The following are persons,firms, and corporations having a principal interest in this proposal: Yun Su Chung, President Yun Su Chung, Secretary Yun Su Chung,Treasurer Yun Su Chung, Manager 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. Towo Enterprise Inc Company Name Signature of Bidder Yun Su Chung, President Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this l g. day of kiCV- ,202 2. 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 C4 County of O rCyn ' ) On / 16 I 2.0 z Z. before me, Young Wan Choi, Notary Public Month,Day,and Year Insert Name and Title of Notary personally appeared u h S LA Name(s) 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. YOUNG WAN CHOI COMM02336532 L1NOTARY MCC*CALIFORNIA Signature r, ... comm. ., , U s.2025 Signature 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{Describe specific work and experience necessary for project. For example,"Sanitary sewer line installation of at least of 1,000 of 8-inch and greater in public right-of-way. Sanitary sewer lift stations of similar size, project work within public streets,an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert."{,. 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 Norwalk, 12700 Norwalk Blvd, Norwalk, CA 90650 Name and Address of Public Agency Name and Telephone No. of Project Manager: Damian Rosales,562-929-5527 Remove and Replace Sidewalk, $351,050.00 Curb and Gutter,Drive Apron,ADA Ramp 07/05/2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Installed ADA Ramp at various locations to provide access 2. City of Anaheim, 200 S.Anaheim Blvd, Anaheim, CA 92805 Name and Address of Public Agency Name and Telephone No. of Project Manager: Lorenzo Rea,714-765-6893 Remove and Replace Sidewalk,Curb and Gutter, $382,650.00 Driveway Approach,Curb Ramp, Cross Gutter/Spandrel, Construct Parkway Drain 06/24/2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Installed ADA Ramp and Curb Ramp at various locations to provide access 3. City of Pomona, 505 S Garey Ave, Pomona, CA 91766 Name and Address of Public Agency Name and Telephone No.of Project Manager: Steve Enna,909-322-5996 Remove and Replace Sidewalk,Curb and Gutter, $645,104.00 Driveway Approach,Alley Approach,Curb Ramp 10/21/2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Installed ADA Ramp and Curb Ramp at various locations to provide access 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. Jason Lee Name of proposed Project Manager Telephone No.of proposed Project Manager: 562-213-6345 Citywide Sidewalk/Concrete Remove and Replace Sidewalk, Repair and Replacement Curb and Gutter, Drive Apron, $351,050.00 ADA Ramp 07/05/2022 Project Name&Contract Amount Type of Work Date Completed Remove and Replace Sidewalk, Concrete Facilities Removal and Curb and Gutter, Driveway Approach, Replacement Phase 7-Citywide Curb Ramp, Cross Gutter/Spandrel, $382,650.00 Construct Parkway Drain 06/24/2022 Project Name&Contract Amount Type of Work Date Completed ADA Curb Ramps and Path Remove and Replace Sidewalk, of Travel-Citywide(CDBG) Curb and Gutter, Driveway Approach, $645,104.00 Alley Approach, Curb Ramp 10/21/2022 Project Name &Contract Amount Type of Work Date Completed 2. Shawn Kang Name of proposed Superintendent Telephone No. of proposed Superintendent: 714-383-3254 Citywide Sidewalk/Concrete Remove and Replace Sidewalk, Repair and Replacement Curb and Gutter, Drive Apron, $351,050.00 ADA Ramp 07/05/2022 Project Name&Contract Amount Type of Work Date Completed Remove and Replace Sidewalk, Concrete Facilities Removal and Curb and Gutter, Driveway Approach, Replacement Phase 7-Citywide Curb Ramp,Cross Gutter/Spandrel, $382,650.00 Construct Parkway Drain 06/24/2022 Project Name&Contract Amount Type of Work Date Completed ADA Curb Ramps and Path Remove and Replace Sidewalk, of Travel-Citywide(CDBG) Curb and Gutter,Driveway Approach, $645,104.00 Alley Approach, Curb Ramp 10/21/2022 Project Name&Contract Amount Type of Work Date Completed c-ii 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 WCR/ActionServlet?action=displayPWCRegi strationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Towo Enterprise Inc Contractor By 11412Y— Iuichung@towoenterprise.com Email Yun Su Chung, President Title Date: 11/16/2022 PWC Registration #: 1000041158 C-12 Bond No.: CMGB00015224 *AIADocument A310 TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place TOWO ENTERPRISE,INC. of business) 2536 Fender Ave.,Suite D Argonaut Insurance Company This document has important legal Fullerton CA 92831 clo 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) CC No.1700-Zone 2 Curb Ramp Installation 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 15th day of November , 2022 • TOWO ENTERPRIS INC. See 44-i-ached (Principal) (Seal) (Witness) , i (Title) Y n 5a. siekt 4' Argon,l,4) ance Company (Surety) .� (Seal) (Wi s (Title)Christopher Coronel 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. !nit AIA Document A310Ale"—2010.Copyright®1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This Al Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale 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. 061110 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ' . n1c(>t'K`<�f`<f.`C;ioc`1^c`<JtVOr.NJe:N..c`N`..c`YSc:iC.[-`V�`"[`M�GC?�{i51''d,S` 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 Orar.S- ) On it ( I6 ( Z o ZZ before me, Young Wan Choi, Notary Public Date Here Insert Name and Title of the Officer personally appeared YU.n SN C k ui n% Nahie(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be th person(s) whose name(s) is/are s scribed to the within instrument and ackno ged to me that 'she/they executed the same in I her/their authorized capacity(ies),and that b his/ er/their signature(s)on the instrument the person(s), o 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. YOUNG WAN CHOI ``- COMM.s2358532 : .' NOTARY PUBLIC•CALIFORNIA O "�V ±�►� ORANGE COUNTY + Signature °°�"' Meys,zozs ature 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 Doc ment 1 Title or Type of Document: V 1 a ?d�'v1 cI Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee El Guardian or Conservator El Trustee El Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 1 Bond No.: CMGB00015224 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 Hope Shear,Elizabeth Santos,Stacey Garcia,Matthew Dinnisio,Christopher Coronet Their true and lawful agent(s)and attomy(s)-in-fact,each in their separate capacity if more than one is named above;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 other undertalangs in suretyship provided, however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:r' $15,000,000.00 • r' This Power of Attorney 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 facsnnile'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'officialtseal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November,2021. Argonaut Insurance Company ks e.,4cFP R,9TP a.OIL Si SEAL:. by: Kam•-- 1948 � No\s G E.Grose STATE OF TEXAS "�, ' , Gary , President COUNTY OF HARRIS SS: ............ i: ;t` On this 19th day of November,2021 A.D.,befo>te me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified,came THE ABOVE OFFICER OP 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 affixect 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 said Company,referred to in the preceding instrument is now in force. 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. ,ecto-tt KATHLEEN/M MEEKS NOTARY PUBLIC STATE OF TEXAS ^`d os gyp" 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 15th day of November _ , 2022 . Si SEAL p1. i of '- .....•; Y• Austin W.King Secretary 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 NOV 15 2022 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Christopher Coronel 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. LUCAS PATTERSON Notary Public-California Signature /----- `z " Los Angeles County g Commission#2352264 Signature of Notary ublic My Comm.Expires Mar 19,2025 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docume. •r fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Documer late: Number of Pages: Signer(s) Other Than Named Abov-• Capacity(ies) Claimed by Signer(s) Signer's Name: igner's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — 0 Limited 0 Genera 0 Partner — 0 Limited 0 General 0 Individual 0 Attorne act 0 Individual 0 Attorney in Fact 0 Trustee ❑G - don or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer Is --.• esenting: Signer Is Representing: ,,r:. ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 c 9 "T �' F' s7 •- }^ " < 7 am � :: r j-- *a t r'r:' s a r s a F z0 3t B v a +s ' ? .+ s �r # 0 P ia o i r .. � s �#srV a,� 00 t N U 01 CO Q 2 pp „ U Q U o 4- a 0 0 O s- a Z ++ 0 _ m • • +, W CD 0 = o o a = ll _ te O o " o H VICD O C N U Cl— N I Z N O E I � 00 i H = - oC N � GJ V U V > Lu C V 0 cn O Z 0 N • • • • a) m CD ......Ici a crs V Z 120 — 4..r •_ C LPL. V C U •D O C cos.. O a) au 00 L < N o., •O ' as u 00 C C c w 0) o L +a6 m o Lfl = 1— N u