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HomeMy WebLinkAboutMBC Enterprises, Inc. - 2023-02-07 (2) RECEIVED BY: CITY CLERK RECEIPT COPY ��V -� � � Return DUPLICATE to f ""��11 City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH 1 INTERDEPARTMENTAL COMMUNICATION 1, TO: City Treasurer FROM: City Clerk DATE: II/2CI12 SUBJECT: Bond Acceptance I have received the bonds for 111X. Y]r -J), I V1C) (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. t C'DNO SOLI 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 f 12 (Council Approval Date) CC No. Agenda Item No. oqg MSC No. City Clerk Vault No. 10DO• SO Other No. SIRE System ID No. (G1i421 ) g:/forms/bond transmittal to treasurer i, © CITY OF HUNTINGTON BEACH 4Q3 INTERDEPARTMENTAL COMMUNICATION DATE: 10/31/2023 TO: THOSE LISTED HEREON FROM: Denice Bailey, Capital Project Adminstrator SUBJECT: Retention Release Payment- PO#29279-OJ Supplier#78249 Co.#314 Glen Mar Frontage Road Improvements, Project#CC1688 Contractor's Name: MBC Enterprises, Inc. Address: 8631 Universe Avenue City, State and Zip Code: Westminster, CA 92683-7725 Phone Number: 714-909-6558 City Business License Number: A308030 Notice of Completion (Date by City Clerk): 10/5/2023 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file. l� 19 /23 Date Chau Vu, Director of Public Works I certify that there are no outstanding invoices on file. It 116 1)3 CJF',CR.,a) afi,r�,� Date Joyce,Z cks, 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. //Ag l� Cif Date Robin Estanislau, City Clerk Attachments �J 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 PLEASE COMPLETE THIS INFORMATION Recorded in Official Records, Orange County RECORDING REQUESTED BY: Hugh Nguyen, Clerk-Recorder OH IIII II II I I III I 111111110 III I II 11 II NO FEE * $ R 0 0 1 4 6 7 9 5 7 9 $ * • 2023000296035 3:47 pm 11/29123 WHEN RECORDED MAIL TO: 105 DE-SUP N12 1 0.00 0.00 0.00 0.00 0.00.0.00 0.000.000.00 0.00 CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn:Denice Bailey P.O.Box 190—2000 Main Street Huntington Beach,CA 92648 • • THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT • NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,Huntington Beach,CA 92648,that the contract heretofore awarded to MBC Enterprises,Inc.,who was the company thereon for doing the following work to-wit Glen Mar Frontage Road Improvements,Project.#CC1688 • That said work was completed.09/06/2023 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 09/06/2023,per City Council Resolution No.2003-70 adopted October 6,2003. • That upon said contract American Contractors Indemnity Company,was surety for the bond given by the said company as required 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. . • • Director of Publi orks or City Ede A D-1 eG City of Huntington Beach,California • STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach I,the undersigned,say:I am an Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I have react 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 Co nty. This document is solely the official business of the City of Huntington Beach,as contemplated under Government code section 27383 and Director of ublic Works or - free ate should be recorded free of charge. City of Huntington Beach,California • THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn: Denice Bailey P.O. Box 190—2000 Main Street Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee,2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded to MBC Enterprises, Inc.,who was the company thereon for doing the following work to-wit: Glen Mar Frontage Road Improvements,Project.#CC1688 That said work was completed 09/06/2023 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 09/06/2023, per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract American Contractors Indemnity Company,was surety for the bond given by the said company as required 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. . Director of Publi orks or City Enlie �- Dl• City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach I,the undersigned,say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. I declare under 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 Co nty. This document is solely the official business of the City of Huntington Beach, as contemplated under Government code section 27383 and Director of ublic Works or Ci E ginee d/date should be recorded free of charge. City of Huntington Beach, California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) • • BOND NUMBER:1001140504 MAINTENANCE BOND • KNOW ALL PERSONS BY THESE PRESENTS: That MBC Enterprises,Inc. (contractor's name) 16601 Gothard Street,Suite G,Huntington Beach,CA 92647 . . (contractor's street address;•city and state and-zip code) as Principal(hereinafter called Contractor),and: American Contractors Indemnity Company .(surety's name) 801 S.Figueroa Street,Suite 700,Los Angeles,CA 90017 . • (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 Los Angeles as Surety(hereinafter called Surety),are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Four Hundred Eighty Four Thousand Six Hundred Twenty Three a7WHDD Dollars ($:484,623.78 . ), equivalent to the entire contract amount including-all-orders, for-the-payment whereof Contractor and-Surety bind themselves, their heirs,' • executors, administrators,successors,and assigns,jointly and severally,firmly by these presents, 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'Circular570,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 March 7 _ _ ,2023,entered into a contract with Owner for the Glen Mar Frontage Road Improvements Project;CC No.1688 in accordance 'with drawings and specifications prepared by Brian Polivka 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 August 17 .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. 15-4584/11813E 1 • • • Whenever the Principal shall be,and declared by the Owner to ben 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 riot 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 8th day of September , 2023 . f Principal Raised Corporate Seal MBC Enterprises, Inc. • [MUST BE AFFIXED] (Contractor Name) By: (Seal) Principal Raised Corporate Seal 1eG//S SLl L7i-il [MUST BE AFFIXED] peer Ar — (Title) • American Contractors Indemnity Company • • (Surety Name) • • By.:_SUM."— g__RASeal) Terah Lane,Attorney-In-Fact APPROVED AS RM --� • B NOTES: ichael E.Ga es, City Attorney 1. Acknowledgments must be completed and returned (. as.part of the bond. ti 1;hi O 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 1'5-4584/118138 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 nnnnnnnnnnnn nn nnr.nr.nnnnnnnr.nnnnnnnnr.nnnnnnnnn n.tinnnnnn nn�.nnnnnnnnn nnr,'nnnnn n..nnnnnnnnnnnn 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 S J 8"J aOa3 before me, Vanessa.Copeland ,Notary Public, personally appeared Terah Lane 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 signatures) on the instrument the person(-s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VANESSA COPELAND ([�S Notary Public-California °fir y Orange County >E !� and o > 1 seal. Commission q 2424393 — M- ` --p—s—Oct—.1,-02— Signatur-. Sign o otary Pub c Place Notary Seal Above --------- ---- - OPTIONAL --------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Terah Lane Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer-Title(s): ❑ Corporate Officer-Title(s): ❑ Partner: ❑Limited ❑ General ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Rev. 1-15 Is-.1 , .. ... .qta'Egi "WV Ag t'S vv.11Nitil lik4:W PI Vii. Ikall.01 ."'44429'47 ',•6 'AND VS .Miet.' di ,..Z vial el '1AiY _ . ..., „......., . „, ••,:m13•P:`4: 614M, 4••,,i‘PP•:::%S 4:0MCS,, eak ,,*:-:,:z:,:0 g..•,:,: .>:.k?'"•?:*V., .,1 r,EA. .4W::::?i. L'IM ,,,1,: :ii).P ..,..Rm, .A.,.:•Ri, ,..•:1::&2,4,AO 4:4elz•• ,,::-..:•., ,,,:,::?:%t t,igi ., ,i,'",iM ••.04,0* ,4M:fiiit g.z-?..i 44• :, ....,..,4 ,••:,:n.t:::4; ,4.2t;%1.:""P v ,4n :.:4:0.rmi Eg At,R k,il‘ %A?o, .,:,,t4,„op ,..4,1.0, .o4..,,,E1 um:q..f„:, 140 my.,,,,,,„4:1 trti.,111 11.6%P.';4.1.0'V.3 W;".,,gA •,.. .,..2.0 .,5,:: I1('...'....'' ''•4 ,. ,.1,-, 9..4\PA :•6:. '..N.,,-;...,. t*:1-,,:. '''',Mt4 A',I ''"•'•ft%* •€::::.: '4'540' ‘-';:,,,:'III- tdidt)MARNE -,,000 he .,,4.0., 42? '''.K''• .„_„.. .., „, H C C •'1pcNV,-a,'.:';. ...i'...-4Q;•.!.f.'4p..t•Na,•"•ftk,..,,l,,.,il1Al,,•4:P%4*,:9 •. i:§1!,:,,.,:cRi 4,,,,,.,:,,...i ta:,.,,V iMmE.4''.R 4ei„:.:.i,e,f,A,,,,1 ...5..,.,...... , -& POWERpF ATTORNEYN1..: 0.-.•'9?1K%“.,.,:,,,••., %rS iM,..;4 nifr4* k.;.3. .4•.•"0# 4,61AMICAN CONTRACTORS,JNbt iiTyCeANEA_ 304DiNd?49RPAftk ....,..„ UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN py THESE pRESENTS:..That American Contractors Indemnity Company, a Califo.orb..aniay,coilaIrpmaa‘atiaionno,„;.perxpaosraBtipotinraillni _ _,.1.iiiiiirifec(*.anie 9tAAnericall*qp. , , Atc*G911.1CIanY,arklg. ...:„.„:„,:•.,,* (17-1,•,ta3tOrenndeninItt CompaniPariltetij‘atelyrety CcItip , .,:,,,,, dalli larenOeAbinPenY, a Texek, ,"..,..,,„ vs,, Az:•,,•2 k•4•• '',A. ,:g, .k.,,,;: '-' Nikt,...,02 e..,t.z "--Zi:i:U.,,/ ,:.:'d --- roorp6ratf3f) koliectivelkt.IiitCbAfea72,,),,t1.4.o by t1144‘elpirie.oetIlet1:etipo.:1 nstitalte 04.2,4 Pe • :..:-.4 OW '',,,,r.g% P.N '''41',= ,•,,,,T,Z2:,:',W '''' ..' .4'''''' ' Eric Lowey,Mark Richardson,Kevin Cathcart,Vanessa Copeland or Terah Lane of Irvine,California „It! :pfli ,ffliZ.. 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Agq, olv:Vg,i'. *ftilVOciiiiief and authadtp.ihi 4,1 A NA ...'.&-4. <:.:,:•.3,1.-A ,...mo..,-A KIN-P. its Cie and (awful"Alt ol:n7ele)tib::4*t. n 0.4t- m.,.:,? ,.,.5., eactinlinYleii014ratel6pacitY110116.,,I;,e,..3r*ii3Oegitp.named a.,:pe,.....,,yiNt_,A, hereby conferieblitilits fiarribilliace and steaetaleXebbie,41Thk"nb--'wledgelandbeliVetillyiertd.all bonilais.-..i.,0:iDgfel.raos:,ri;.iloa'rilildty..:12(,..:pn.r,bbier:si,:di:uinngdethrtea`kbionngds.g or other instruments or contracts of suretyship to include riders, amendments, and consents Million****!* .... ... .. • penalty does not exceed, _.,,..:4. . .. ,.... ..,:.,...,•,.., . ._... .... 10 010 Ttmv.Power Opittarrie.yiihall:expire withobt further.0,bt,ilk oilyAril 23r01.11,12,0...„,..2s,..6A.,,,,T,41,...r‘bwetri,h0;IAttomel 4 .104 ..;;r$.77111:11,°d°b.°y°;.:t110,1i1(4,;,,I.171.)A aotilitfollowingLieebtithin,e1c1464 by traltabli OP ,,„.,, . lectzorrsi.9..!the CO 0 P •,:a , ..: teitResolved,t6tItie Pfes'ident,any Vice-President,any'Aisfienl:/ice-Prei;r9deri‘Li!knSy&S.ecitetafir!r or'any Assistant Secretary shalib•e:bnedhiaslf of frethbey,-- - - vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and ac.t for and o ,, ..,.- Company subject4Ohe,fell iiiiiiiiiiiiiiiiiiiii.m.,„7„,.. ,,,,7,,, a..„ ,4•7:::A,n<, ,..02P „., n.„ninany to,executeoac,..•OW...P ..-4,-, •46.r°'''t1 : .G".'I dge,and deliver;;Any.g'.... ..' `63) -014 lAiii3moy-io-F60004.0kb140,fulk§ewer andR,9'—d07.19tp.'...67iiiittririttiettiame of aniterl itli.111.17?° 11,07twr;-und'e„-1"*"#.0,11.0 Iti...Aiiigie,,riy;".and all consents it''.-.'t ilk ig kri ityAlid Otheki* 0. i ori0 00,ti: 11i4 lweall bondiVir664iiii4b0g Ontpcts, agreerifeRpi vit.:mem '''44:': I''lorilie releaSelit Maki:W. obiteittages andtorfinaloiGite'adnn;ttrigciilirn7iti cahriAdt,t7rnyiidr:_eFlai',Acto.stihCealsibeendbinddoicnugMutnofit,ell ''AeY canceling or terminating the Company's liability thereunder,a tilt etic6tuitticitbaylialrnayctssu' ,"-- mi .<0...g.§.., 1 , the Company es,if signe9y,the Rridentaatmnid4s.7..:eig:::;Ivycre,:allrffia.br:ictd.t.eritti.oeFi..,octqerd,,,;:lbooyf thee,Cc0..0.,11:.1:6:::,a,:ii,trh,coe;:e.:,":.::7:. rtircatilaaring facsinaleei .. ... ,„ ....,,,,. ..„ ..,,. .... 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'''''''''4;4:,),i-4:, •*(P' ',,,,, '' I, Kio Lo, Assistant Secieta.%,of American Contractors Indemnity Company, Texas Bonding Company, United .States Surety r' ...4.kNitil difiliefebnertifY th0,44.01XV.P-PF1 fR)ig " Cpany andib,it,-.000, 14ItY fi , .0:• .. oing isailtpidelaibi,ridt.:06hZtleo,ctibaiop..zyofofDairepotoiovid,4;e.ri ili.q.4.1 fli..,), 4.1 ircance,,,,iliftw,,p R.,,...1kt_enoiodvo'zthOn0701he reSq..P.4Prl k:,:..,,&.f,.,ov .,,..;. : i..,% •ft'10 .4:E.. tfy ."'''' itdarripaniegAwbiCit IsAtilhin itl Ctrce..• '''.'0S51"INII -i";iO4.>g.JV ',im Am dfiktarney,execcitea PYPI .,„:...rain t. .-•..1 . ,,,:. eff 1.,,,, ,. ,.,,.:„, ,., ,,,,..., ., ,4;.,40.ko -,,,,,,..,:e .,.i.ci -, 4 '''' '. at Oat in the‘Pgker4Of Alb-me" te"."' full force.ana enect -, , . . , .,-,,v; i.:;,,. -:-rIllir I ereunto set,nw.,banft.and,petri.,..x,r,_ed.tiNI-Ki:.:§,..firit 9.,:f4,§[..,,1140:.."..7.,tr„..,:,,:.m, panies,,....i.,tLPI 4,A,41.791kies.bckalifornial4lism 4.5,..,,.,,:tr,\ 4 :. ,,,,:•44 u:<„,.:p• 4"4444 ,•-,,,4:4 .4.;,,,40,k,.:4,;4:.:,,,, ••,,,s 4, Whereof, .1..b...aye !I',...„---1._ ,, ,,Aq-on R.A.I.A AR.4..1.4;,r)t.S•Aly.iv.4 A., qr,-,,, bps% .4ip.:,.a.5.,.i.,,,,...4 w....if .q.-,fift,,,,I5.0, kV...KA,..,..!,1.,..:gt.io..: In','..WI4411tgss-, ' "':''I' A''''St....e'lilee.r.'4N1 a I VC0**:'''': ''''''''" ""' ;', .' . ::;.477.:4{V taf'''A. j:i.e. .,::„„„0...%„ ,,,,t..og, :.:,-,1 •.,E:,•%,.1,;:rie '=•?'.. P fe•'.' 14 Al'o', aRIC)'"'.!'. '.::'. ---.-,,, :,'i.,'4'4'5'41,41 1#ittga %0,1g,.1..47k.<0'•e;klYarte„- .14:,44W tt.t., N'ilt;4,,r, ----- ,...q.,,,,..g.i..,,,, ,:,,,..,,,,.., O'6.,7 14k. VON KA n ' ,,ri*r 1 `,405,T18-404,:,4.k:......A .:.(..!,' 4.4.k..7.-...,'-'..,./..t;sp. ,. ....5A ., ...,. ....„ '""''''''' ''''13Onc) N o. '650 i'VLI 0.'6(5-1. Id)." ' ''''V icoi '\ ',;*:-..:44hoS irYfiA't1%1 Kio Lo, A-. ant Secretary il/ \ IP.,71 . ,., ,.1.wii ,.. .1. i Agency No. 18200 --, i.-1 10:00C.". 01qt,...:130%.d.,:r-... .i.,:•6 ;6:R4..ip ,,,•47,11, E.,:•,p,• A...", 4 Ri 474%, ,g:4, -..1R%.:ea „,43:>)7. z.lt:',,, atk4gfT4hr.V.,----,rk c:-, . il''irrAV:;.. AM V 4,e;51. 040 kire.4 If.,Et 0.$ F4 , ilao.i.::iii PS 44#sfikQSMANP*91,493:V kl0,50," jn W.1 ad 4 ,,,Atil ,<C•n>, EA Al••,' j•'•S .'"'ilA ,..zi.„..._,,,,,...rtOP,!,, ,4.15Pie,:i;\ 'elP Via At,Zi *Watt,,,,,, -'40.0 gi4 %Nel 0 *,1, •••::k.m.F1,.,a. ,,w, lt,.. t;:z ..:x Nqi 1:&A p Of g.%•.,. ',0;l'Ainimo's ',401,M410..,. ::....,'n, n.. ,••••,,,,•••••••••• ••••• •,,••• n a. .:Ah' A17%) . F4 :At R 'Va 401 . ''''''..jviSii trn'IhIcc..' .00rnitarety for mare-interment:41 ,,,,,,,,R, ..,,,,,,,,„. IT • .•,,,,,,:n.g.?,: 40,m, .A% 4,Y0,0 iqi,'!tip -.4t1 ,lina • ,?!§::f 4R,=., k•p. C:1 006, ..„.-4,w,:: 0. , :,..< ,,,,,,,:=.: .,,,,,N,,,.. ,,.,:.:::•,•;..A v,=•.. ..,,,•0> .4,•f.,,,,. ,•-• • •••••••••- ••,, -, -,.„..,. 'M 4.•,Q,•-..4 4,-,•t• OW 4:4.,,:,,-44, IN q•,•3. ,litg l'Af Le M,::' ,,,,M V.-•••iw,p:',i4. .,i;4••'V 4,44-,,--- 'MIK::4u 40 . ,0 :::,.• ,... '440::.a 4tiNgr. 4. '''4 ••••, ,:•:, .i:1 -•:•.m..,..e :?,:a, 4, •• ,....,,..:... ,,,'.1 .%:.::,;:.: ep",:.• ..P,4./ ,-v vx: . t.o, 1: . ,....'' .g. w. .i,:v ..,,,,,., .....,.. .,- ,. ,.4.,m, ,.,4Y -,,,, CONTRACTOR'S CERTIFICATE I Rudy Sultan , state and certify that: (Name of Declarant) 1. MBC Enterprises Inc. is the general contractor to the City of Huntington Beach("City")on Contract No. CC 1688 (the"Contract") for the construction of the public work of improvement entitled: Glen Mar Frontage Road Improvements (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 Huntington Beach on this 20 day of September ,20 23 . (Signature o ec t) APPROVED AS ORM Michae' . Gates CityAttorney 1 Certification of Compliance with Prevailing Wage Laws To: City of Iuntington 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: CC1688 Project: Glen Mar Frontage Road Improvements 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 20th day of September ,20 23 , at Huntington ,California. Beach MBC Enterprises Inc. (Contractor Name) APPROVED O FO By: Tvli acl 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: CC1688 Project: Glen Mar Frontage Road Improvements 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 20th day of September ,20 23 , at Huntington , California. Beach MBC Enterprises Inc. (Contractor Name) APPROVED By: Mic el E. Gates Ci Attorney 1 OWNER CONSENT OF SURETY ARCHITECT ❑ TO RELEASE OF CONTRACTOR ❑ RETENTION AND SURETY Lla FINAL PAYMENT • Bond No. 1001140504 OTHER 0 ARCHITECT'S PROJECT NO.: TO OWNER: (Name and address) CONTRACT FOR: City of Huntington Beach Construction 2000 Main Street CONTRACT DATED: 021697/2023 Huntington Beach, CA 92648 PROJECT: (Name and address) Glen Mar Frontage Road Improvements, CC1688 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (Insert name and W rers of Surety) American Contractors Indemnity Company 801 S. Figueroa Street, Suite 700 Los Angeles, CA 90017 ,SURETY, on bond of (Insert name and address of Contractor) MBC Enterprises, Inc. 16601 Gothard Street, Ste. G . Huntington Beach, CA 92647 ,CONTRACTOR, hereby approves of the final payment and release of retention to the Contractor,and agrees that final payment and release of retention to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address(Downer) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 ,OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: September 20, 2023 American Contractors Indemnity Company (surety name) al/ 1 (.Ugnature of au:onzcd representative) Attest: , ,-�Lf Terah Lane,Attorney-In-Fact (Printed name and title) (Seal) Lisa Pellerito,Witness CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 nhr.hn hnnnnnhnJnnJ1nl.hnnnlnr.hJ/4.nn.lnnhA.nnnnnnn nnnn n.nnnnnnhnnnnnhh.nnnJhnnhn nnn nn nnnnnnnnhn�� 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 \ I ao / Q.,c7a.3 before me, Vanessa Copeland ,Notary Public, personally appeared Terah Lane 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 signatures) on the instrument the person(-s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing VANESSACOPELAND paragraph is true and correct. Notary Public-California .' ._. Orange County `i Commission/2424393 Y4µy Comm.Expires Dct 3t,2D26 WITN y d and cial seal. Signa Public Place Notary Seal Above — — OPTIONAL ----- Though the information below is not required by law,it may prove valuable to persons relying on the document • and could present fraudulent and reattachment of this form to another document Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Terah Lane Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner: ['Limited ❑General ❑ Partner: ['Limited ❑ General ® Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ;:..,J�.J�..w.r^.r.•^n,�.•r,,r?•ni•:;,•r'-.^.n'•;:';:,•,i,•;n";n•:.,v.✓.,n,,,nn,�•2n•^r^.,;";iJ.^n,,;�.'�.n•^:.,;,���.n`!'r.n,.%M1„A,,,n„>;.,nn„n„„✓.�,�„�:.r.�,.�.F.r,,h.�,l^ Rev. 1-15 'War a 11, ...4m ,o W +4 ,A §1;GtIS,,,..n.,..., i,.:v. .4„M q .,,,,ZaN A .:0,A : ..017.. .. AM, -,,,,,.1?:,:nJ ,..r.NNA, 41tan ,.d.FRN. ARA. A16:-.?: .,:.0 At,-,]:::N -A; , 40%':iig el ':.i9 Iiifih ,..,:.-nil ,,s,.,:k..... towe, .,.:-:,:.•i: ,,a .wt.,..:.: --;M:',: i,•iiim „azi.a. itgif io%mo=ip.,i ,N,,,, , .41.,, , ,,go iv 10,,,...,,,,, i,:,.,;,:1 ,,vo, im ...,v izi R:4, po. kg 1,4 Itil,44 0 ,:ina•VI..W",i.k*, Ain rho 'us,' tg ',.. ' -' — .- •"'' :....2.,, ph 4.T, t.1 th,. ..,:e.,,,,a i.,.,w ,,,,,,,,v 4-,:>, ''' • / ItY1(10 MAR1Nt'"' • . '''' ' '• •- . H C C .4.4.?P'A Pi AV40.4, A Pitig IR:1:oI.1 A 4t4:,, v P,:!,3AO".RW--,'-,.:, E,,AR,.. P, F AV„:$SZP,W..Ri2N. ,..AEY ' I . 'EtitAi CONTRACTORSANDENNEr_CdvoxiiiaMRi.i tAAiMNcSi N DIN6t,‘cD,, .vK.,aE,Mp..0,.A,,vN4I,Ny..':)s, .fi,..,, UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY Y THESE PRESENTS::That American„Contractors,Indemnity.,Company, a Californiapii ,coa[plvtioriva,tiaiorina,i6.ToerpxaosraBo...9orth3,1.0ii,ih,eigzi 6i4.0,,,,,i.:;.,i,„:„. po y,......,,i,:a.,..„,i...&,.,,,g1ti,r„:,f„conri-y Kp„...ar ALL MN IA_ ,.. :,„„.. ,,,, ,,••••,:qts,...i Iiity Compattyi,wou,py'Q%•at. Nr•--, ,we :.„.,., *.l. tit&iiiv se phi,,,,,,,,,:•ii•v•IpCidinpany,anS''S))rilaii,it4re. iii,f,4,..,pericandpel.,, At,ra,,..,„F•0r,s ,r),Yepti,,„, ,,,,,,,,,,, . ivii,„.,,46firvee ACiittijaftY a TeXa.a4POVratjO.bb:OtItctivelkitarte':..biti;k40).'e.p.4:.fla..40, by tik0,iiiP,, N. e.0.„45,:littp2Apecia.y„.61)! „..,...x,, ilSritrtl.:Plw,telf..°nS 'Nko. V 144.4P g.il — appoint: Eric Lowey,Mark Richardson,Kevin Cathcart,Vanessa Copeland or Terah Lane of Irvine,California A.t. i:iik ,.;;Pk m AA,N Pw ,,,,.,,,,,,,:,:, ,,,,," "mqq. 44.1.M., .4% 4oilm MI Amt. ,..4A'A Aimie,,ii.,:•:•:, <-1,-i,i• iiiii<ip iiitiliiw 4344 ra 451ARti, AIN ,ifi•ii,,i•A iiiiiiiiii:A9i ‘.6.4 A.,.! -.' "'"— fili (Mar.and aftfhOritye::“ygo ::•A.0. q„:4 Ay% .40..A ek Agnillt ei:ila • !-'.:yr BreittiWniOne)fitfsiamed Ob:01.0,1>NY-4-T:4Rdv .:. ,NA , ,,,;4.tkAfF bA U,',itSAttie and I' nifii,........J:.,'...itc"I.0,..,0,,Ktiifer„,:,•ct. eabft thlthOK4aPAra,*POPacitylurrA,,, v. .,,,...A .,,.:.:. '''1° fferebY confeitilis iiame,451a6a and steidTtble'x'a'bble tabkiiiwledgelgri&tia'Itvlanylinlfall bogifrifritogni2atirtevsr-LUinngdethrt or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, p *****Ten Million""fr — --- .a:....,. the bond penalty doese„noter,..,edel 7..,,,...; \-plATpaiPower ofAttOmeylred we witho#:tif;it'fiei,a0tmlin oritAPril 23rde2AtIrli.J„i• owe of Attorni.ex;71:01.4D;p!nla#,:iiii.r3dItriliOtr,i0:0d0b.0y0a0tu.i0ItiOrti,p.!:.4.rlity):1 t..L...i....:0 Y'ief nowiiiiiiii6ititiOngi6ctotod by theAp?rp:0, ,,,,.. c* . e),0 ' . "‘t)t0.cl.filli the Companies IP In 44:0 gl! ''''''''t I e'and is h46Y""6 '''I3e'il.Resolved,lhat the President,any Vice-Prigident,anysAssistant vice-presidafit'aily'S.greliiii or any Assistant-ebretary sha e vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and ondbdeehlanilfp;at;ye.u.:w k4,..1 4. ,,,,' •N m.?. ,:r. • .,,m=, --- . Company subject,t9Ahe,folloyvingmovisions:40m R 2,,,,,...., .,:.7.,„;,„ , ..,. . .,-,•- .. ,446.-....mey-in-f 4.4.:Aa:ib....irgive4f910,rer andputhontkforAdli.n t!)khame of att 44 asilaililhe Company to.eisuten,;iack'ndwiegi'et,en af Airribli bonds'Z'rigughiz"tda„.y,ptlrittgpts, agreorill.' 1)-101661100,91ty"'t,ild otheR)ioRditigrilt•'brhiblj910,/..,underfaiSIOW-411404/apV051 all contfintt ttf:::4-:!.c,,i „*.i: .'''''t'' 'Ior the release'of Mainetr Percentages anaiolgl eitiffiatet•on eogineenng'Whec'on'sliikticifkoritracts,aNn.'d'triy,:':a'n-idn'ka- canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney F11:1;11:17 baendbinddoicnugrnupon ,,,,,p,,, xv,;:,. the.Company,a,g,Pl9Petoz-h,Y,!he Rresident and,se„alecL.and„eff,ectep, by the Corporate.Secretp,tY• .>.*, ;$6Yit Resolved c..4.,.. ..' 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',4.,'.0,I...0 `'...,,SH, ,,--.%> '"" RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) Q CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION It* TO: City Treasurer FROM: City Clerk DATE: I I I2P4 Z3 • SUBJECT: Bond Acceptance I have received the bonds for aterpri5reAl, lV1.G. (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. I ' Warranty or Maintenance Bond No. I ODLt4Q SOU 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 01' /2-3 d�} (Council Approval Date) CC No. I k0D b No. °'3- aqg MSC No. City Clerk Vault No. 10013. 50 Other No. SIRE System ID No. (01142,1 g/fomis/bond transmittal to treasurer RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating 3�29I 7-3 (Date) CITY OF HUNTINGTON BEACH if INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 3/'?5123 SUBJECT: Bond Acceptance I have received the bonds for fri& >71 rpJ' AS Id'_J-), /h 6 • (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. /00//4/0 SO4/ Payment Bond (Labor and Materials) Bond No. _ /CD1/L/050q Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. /&17' Agenda Item No. MSC No. City Clerk Vault No. U.SO, Other No. SIRE System ID No. f'/` V'.--)9 g:/forms/bond transmittal to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MBC Enterprises,Inc. FOR Glen Mar Frontage Road Improvements - CC1688 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 MBC Enterprises, Inc. , 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 Glen Mar Frontage Road Improvements, CC1688 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 four hundred thirty eight thousand nine hundred ninety seven and eighty one cents Dollars ($ 438,997.81 ), 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 sixty ( 60 ) 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 eight hundred dollars ($ 800.00 ) 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 11 16-5195/City Funded Construction Contract.docx—revised 04/2016 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT,as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered,or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a 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 MBC Enterprises, Inc. ATTN:Brian Polivka , Public Works ATTN: Rudy Sultan 2000 Main Street 16601 Gothard Street, Suite G Huntington Beach, CA 92648 Huntington Beach, CA 92647 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 ...l 11H , 20 23 CONTRACTOR: CITY OF HUNTINGTON BEACH,a municipal corporation Lz2fAhe Stat alif is By: 1 ''1 Mayor (print name) ( 204 edinizZ4.1444) ITS: Chairman/President/Vice-President City Clerk 3203,t3 (circle one) INITIA i'AND APPROVED' AND By: Director of PO orks (print name) RE II • . APPRO ED: ITS: Secretary / Chief Financial Officer / Asst. ` Secretary/Treasurer + A (circle one) ' ity 4 4 COUNTERPART APPROVED •RM: �j� City 7ttorneya 25 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 March 07 , 20 23 . faiNftfy CONTRACTOR: MBC Enterprises Inc. CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California By: Rud Sultan - Pr sident Mayor rt me) ITS: Chairman/President/Vice-President City Clerk (circle one) INITIA i'AND APPROVED' AND � � By: Director of P• 8 lic orks (print name) REVIEWED AND APPROVED: ITS: Secretary / Chief Financial Officer / Asst. Secretary/Treasurer (circle one) City Manager ®� .�, ��.�, APPROVED AS TO FORM: CCity Attorney 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 1 Xt113/7- SECTION C PROPOSAL for the construction of GLEN MAR FRONTAGE ROAD IMPROVEMENTS PROJECT at the Glen Mar development frontage road medians at MAGNOLIA STREET,BUSHARD STREET AND ADAMS AVENUE CC No. 1688 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor,material, equipment and incident insurance necessary therefor,in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days for all bid schedules, 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 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. 10% of bid amount Accompanying this proposal of bid, find Bid Bond in the amount of l 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 for10% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE Glen Mar Frontage Road Improvements — C.0 No 1688 PROJECT BASE BID: Description Total Cost TOTAL BID AMOUNT - SCHEDULE A $ 356,543.58 TOTAL BID AMOUNT- SCHEDULE B $ 511,137.42 - Additive Alternative Bid Item No. 1 TOTAL BID AMOUNT -SCHEDULE C $ 358,856.17 - Additive Alternative Bid Item No. 2 TOTAL BID AMOUNT- SCHEDULE D $ 82,454.23 - Additive Alternative Bid Item No. 3 BASE BID (TOTAL LUMP SUM BID) - Total for Schedule A, B, C and D $ 1,308,991.40 BASIS OF AWARD Note: Refer to Section 7, Measurement and Payment. 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Greenbook does not apply for the deletion of bid schedules B through D prior to award. C-3 PROJECT BID SCHEDULE A Glen Mar Frontage Road Improvements — C.0 No 1688 BID ITEMS Item Plan Description Qty Unit Unit Cost Total Cost No. Note (Extension) 1 - Mobilization 1 LS $ 7500 $ 7500 2 - Traffic Control 1 LS $ 5250 $ 5250 Preparation of Project Specific Storm 3 Water Pollution Prevention Plan(SWPPP) 1 LS $ 4170 $ 4170 and Water Pollution Control Program (WPCP) Installation and Maintenance of BMP's per 3750 3750 4 1 LS $ $ the approved SWPPP and WPCP 5 2 Tree Removal with Stump, Root and 4 EA $ 3900 $ 15600 Backfill 6 3 Furnish and Install 24" Box Tree 7 EA $ 2325 $ 16275 7 25 Trim Existing Vegetation 1 LS $ 4500 $ 4500 8 4 Construct Mow Strip 1 LS $ 8925 $ 8925 9 5 Remove and Construct New Pilaster 13 EA $ 2700 $ 35100 10 6 Renovate Existing Pilaster 24 EA $ 900 $ 21600 11 9 Demo and Remove Existing Pony Wall 13 EA $ 525 $ 6825 12 7 Not applicable 13 8 Complete Renovation to Existing Pilaster 2 EA $ 2250 $ 4500 Previously Renovated 14 10 Remove Existing Fencing and Construct 624 LF $ 145 59 $ 90848 16 New Fencing Structure Demo and Permanently Remove Existing 15 11 Pilaster, Footing and Fence. Backfill as 1 LS $ 12000 $ 12000 Necessary C-4 16 12 Demo and Remove Existing Asphalt 6,886 SF $ 2.25 $ 15493.50 Pavement 17 13 Provide and Install ES-2 Mulch 5,553 SF $ 1.64 $ 9106.92 18 14 Not Applicable 19 15 Construct Concrete Sidewalk 1,330 SF $ 22.50 $ 29925 20 16 Monument Entrance Sign 1 LS $ 52500 $ 52500 Renovation/Completion 21 23 Not Applicable 22 24 Not Applicable 23 17,19 Not Applicable 24 18 Not Applicable 25 20 Not Applicable 26 21,22 Not Applicable 27 - 90 Day Maintenance 1 LS $ 2175 $ 2175 28 - Pothole for Utilities Not Shown on Plans 5 EA $ 1500 $ 7500 29 - As-Built Plans 1 LS $ 3000 $ 3000 TOTAL BID AMOUNT- SCHEDULE A $ 356,543.58 TOTAL BID AMOUNT IN WORDS: Three hundred fifty six thousand five hundred forty three dollars and fifty eight cents Note: Refer to Section 7, Measurement and Payment. 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Greenbook does not apply for the deletion of bid schedules B through D prior to award. C-5 PROJECT BID SCHEDULE B Glen Mar Frontage Road Improvements — C.0 No 1688 ADDITIVE ALTERNATIVE BID ITEMS NO. 1 Item Plan Description Qty Unit Unit Cost Total Cost No. Note (Extension) 1 - Mobilization 1 LS $ 7500 $ 7500 2 - Traffic Control 1 LS $ 5250 $ 5250 Preparation of Project Specific Storm 3 Water Pollution Prevention Plan (SWPPP) 1 LS $ 4170 $ 4170 and Water Pollution Control Program (WPCP) 4 - Installation and Maintenance of BMP's per 1 LS $ 3750 $ 3750 the approved SWPPP and WPCP 5 2 Tree Removal with Stump, Root and 7 EA $ 3900 $ 27300 Backfill 6 3 Furnish and Install 24" Box Tree 14 LS $ 2325 $ 32550 7 25 Not Applicable 8 4 Construct Mow Strip 1 LS $ 8525 $ 8525 9 5 Remove and Construct New Pilaster 11 EA $ 2700 $ 29700 10 6 Renovate Existing Pilaster 54 EA $ cann $ 4RFnn 11 9 Demo and Remove Existing Pony Wall 25 EA $ 525 $ 13125 12 7 Construct New Pilaster(not previously 1 EA $ 2500 $ 2500 existing) 13 8 Not Applicable 14 10 Remove Existing Fencing and Construct 1,020 LF $ 145.59 $ 148501.80 New Fencing Structure Demo and Permanently Remove Existing 12000 12000 15 11 Pilaster, Footing and Fence. Backfill as 1 LS $ $ Necessary C-6 16 12 Demo and Remove Existing Asphalt 13,590 SF $ 2.25 $ 30577.50 Pavement 17 13 Provide and Install ES-2 Mulch 10,128 SF $ 1.64 $ 16609.92 18 14 Provide and Install Kurapia Sod Ground 3,465 SF $ 8.78 $ 30422.70 Cover 19 15 Not Applicable 20 16 Not Applicable Demo and Remove Existing Backflow & 21 23 1 LS $ 2100 $ 2100 Reconnect Line to Tie In Demo and Remove Existing Irrigation 22 24 Controller Cabinet and Construct New 1 LS $ 27450 $ 27450 Footing with New CS3000 Controller Cabinet 23 17,19 Irrigation Supply Line with Tee 1 LS $ 12600 $ 12600 Connection and Tie Ins 24 18 Install New Master Valve, Backflow 1 LS $ 15n37 50 $ 1.51)37 50 Device & Flow Sensor Install New Irrigation Lateral Lines, 25 20 Control Valves & Sprinkler Heads 1 LS $ 16�25 $ 16725 26 21,22 Electrical Control Wiring and 1 LS $ 1443 $ 1443 Appurtenances for Frontage and Median 2700 2700 27 - 90 Day Maintenance 1 LS $ $ 28 - Pothole for Utilities Not Shown on Plans 5 EA $ 1500 $ 7500 29 - As-Built Plans 1 LS $ 4500 $ 4500 TOTAL BID AMOUNT - SCHEDULE B (ADDITIVE $ 511,137.42 ALTERNATIVE BID ITEM NO. 1) TOTAL BID AMOUNT IN WORDS: Five hundred eleven thousand one hundred thirty seven dollars and forty two cents Note: Refer to Section 7, Measurement and Payment. C-7 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Greenbook does not apply for the deletion of bid schedules B through D prior to award. C-8 PROJECT BID SCHEDULE C Glen Mar Frontage Road Improvements — C.0 No 1688 ADDITIVE ALTERNATIVE BID ITEMS NO. 2 Item Plan Description Qty Unit Unit Cost Total Cost No. Note (Extension) 1 - Mobilization 1 LS $ 7500 $ 7500 2 - Traffic Control 1 LS $ 5250 $ 5250 Preparation of Project Specific Storm 4170 4170 3 Water Pollution Prevention Plan(SWPPP) 1 LS $ $ and Water Pollution Control Program (WPCP) 4 Installation and Maintenance of BMP's 1 LS $ 3750 $ 3750 per the approved SWPPP and WPCP 5 2 Tree Removal with Stump, Root and 1 EA $ 3900 $ 3900 Backfill 2325 32550 6 3 Furnish and Install 24"Box Tree 14 EA $ $ 7 25 Not Applicable 8 4 Not Applicable 9 5 Remove and Construct New Pilaster 6 EA $ 2700 $ 2700 10 6 Renovate Existing Pilaster 61 EA $ 900 $ 54900 525 14700 11 9 Demo and Remove Existing Pony Wall 28 EA $ $ 12 7 Construct New Pilaster(not previously 1 EA $ 2500 $ 2500 existing) 13 8 Not Applicable 14 10 Remove Existing Fencing and Construct 1 098 LF $ 145.59 $ 159857.82 New Fencing Structure ' 15 11 Not Applicable C-9 16 12 Demo and Remove Existing Asphalt 10,515 SF $ 2.25 $ 23658.75 Pavement 17 13 Provide and Install ES-2 Mulch 10,515 SF $ 1.64 $ 17244.60 18 14 Not Applicable 19 15 Not Applicable 20 16 Not Applicable 21 23 Not Applicable 22 24 Not Applicable 23 17,19 Not Applicable 24 18 Not Applicable 25 20 Not Applicable 26 21,22 Not Applicable 27 - 90 Day Maintenance 1 LS $ 2175 $ 2175 28 - Pothole for Utilities Not Shown on Plans 5 EA $ 1500 $ 7500 29 - As-Built Plans 1 LS $ 3000 $ 3000 TOTAL BID AMOUNT-SCHEDULE C (ADDITIVE $ 358,856.17 ALTERNATIVE BID ITEM NO. 2) TOTAL BID AMOUNT IN WORDS: Three hundred fifty eight thousand eight hundred fifty six dollars and seventeen cents Note: Refer to Section 7, Measurement and Payment. 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Greenbook does not apply for the deletion of bid schedules B through D prior to award. C-10 PROJECT BID SCHEDULE D Glen Mar Frontage Road Improvements — C.0 No 1688 ADDITIVE ALTERNATIVE BID ITEMS NO. 3 Item Plan Description Qty Unit Unit Cost Total Cost No. Note (Extension) 1 - Mobilization 1 LS $ 7500 $ 7500 2 - Traffic Control 1 LS $ 5250 $ 5250 Preparation of Project Specific Storm 3 Water Pollution Prevention Plan(SWPPP) 1 LS $ 4170 $ 4170 and Water Pollution Control Program (WPCP) 4 Installation and Maintenance of BMP's 1 LS $ 3750 $ 3750 per the approved SWPPP and WPCP 5 2 Tree Removal with Stump, Root and 1 EA $ 3900 $ 3900 Backfill 6 3 Furnish and Install 24"Box Tree 1 EA $ 2325 $ 2325 7 25 Not Applicable 8 4 Not Applicable 9 5 Not Applicable 10 6 Renovate Existing Pilaster 11 EA $ 1200 $ 13200 11 9 Demo and Remove Existing Pony Wall 3 EA $ 525 $ 1575 12 7 Not Applicable 13 8 Not Applicable 14 10 Remove Existing Fencing and Construct 143 LF $ 145.59 $ 20819.37 New Fencing Structure 15 11 Not Applicable C-11 16 12 Demo and Remove Existing Asphalt 1,874 SF $ 2.25 $ 4216.50 Pavement 1.64 3073.36 17 13 Provide and Install ES-2 Mulch 1,874 SF $ $ 18 14 Not Applicable 19 15 Not Applicable 20 16 Not Applicable 21 23 Not Applicable 22 24 Not Applicable 23 17,19 Not Applicable 24 18 Not Applicable 25 20 Not Applicable 26 21,22 Not Applicable 27 - 90 Day Maintenance 1 LS $ 2175 $ 2175 28 - Pothole for Utilities Not Shown on Plans 5 EA $ 1500 $ 7500 29 - As-Built Plans 1 LS $ 3000 $ 3000 TOTAL BID AMOUNT-SCHEDULE D (ADDITIVE $ 82,454.23 ALTERNATIVE BID ITEM NO. 3) TOTAL BID AMOUNT IN WORDS: Eighty two thousand four hundred fifty four dollars and twenty three cents Note: Refer to Section 7, Measurement and Payment. 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Greenbook does not apply for the deletion of bid schedules B through D prior to award. C-12 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 6,17,27 Marina Landscape 492862 q, B, 1000000079 $163,053 55 9,10,13 1900 S. Lewis Street, C27 Anaheim, CA 92805 C29 C36, C61/D49, C61/C 59 14 No Limit Fence Company 1043317 1000062759 $280,010 5552 TANGIERS DRIVE C13 HUNTINGTON BEACH, CA 92647 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-13 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID T 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 on12/22/22 at Huntington Beach , CA Date City State Rudy Sultan , being first duly sworn, deposes and says that he or she is President of MBC Enterprises 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. MBC Enterprises Inc. Name of Bidder Rud Sultan President Signature of Bidder 16601 Gothard St, Ste#G Huntin ton Beach CA 9 47 Address of Bidder C-14 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 GLEN MAR FRONTAGE ROAD IMPROVEMENTS PROJECT , (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 petformed 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 he 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. MBC Enterprises Inc. Contractor Rudy Sultan By President Title Date: December 22, 2022 C-15 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete,under penalty of perjury,the following questionnaire. QUESTIONNAIRE { Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ®No If the answer is yes,explain the circumstances in the space provided. N/A 28 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-16 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1 861 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. MBC Enterprises Inc. Contractor Rudy Sultan By /0: President Title Date: December 22, 2022 C-17 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: MBC Enterprises Inc. Bidder Name 16601 Gothard Street, Suite G Business Address Huntington Beach CA 92647 City, State Zip ( 714 ) 909-6558 bidding@mbcenterprises.net Telephone Number Email Address 1050671 - Class A & B State Contractor's License No. and Class 02/26/2019 Original Date Issued 02/28/2023 Expiration Date The work site was inspected by Joey Santa Cruz of our office on December 16 , 2022, The following are persons, firms, and corporations having a principal interest in this proposal: Rudy Sultan - President/Secretary/Treasurer MBC Enterprises Inc. 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. MBC Enterprises Inc. Company Name Sign Bidder rudy Sultan, President Printed or Typed Signature C-18 NOTARY CERTIFICATE Subscribed and sworn to before me this° day of' ?( ;�F'_r, 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 c c , ) County of i On r4 2 ! / 202'2 before me, .I. -\,, ; t`,K. c L '► , Month,Day, and Year Insert Name and Title of Nota personally appeared ti (')C J1 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(a) is/are, subscribed to the within instrument and acknowledged to me that he/shefthtry executed the same in his/lies/their authorized capacity(ica),and that by his/hcr/thcir 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 my hand and official seal. COMM#235098' ORANGE County • :••pr) California.Notary Public t C €XP.March 19 O25 r1 Signature Signs 'r . ary Public (PLACE NOTARY SEAL ABOVE) C-19 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. Santa Ana Unified School District, 1601 East Chestnut Ave, Santa Ana, CA 92701 Name and Address of Public Agency Name and Telephone No. of Project Manager: Etil Guillen / (714)480-5355 $627.800 Interior Improvements August 2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Infill existing classroom openings with new non-bearing partitions and doors for classroom security. Extension of existing tube steel fence. 2. Long Beach Unified School District, 1515 Hughes Way, Long Beach, CA 90810 Name and Address of Public Agency 562/Sanchez Name and Telephone No. of Project Manager: Celina ( ) 663-3015 $816,100 Renovation/Improvement On-Going Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Replacement of ADA compliant drinking fountain and bottle fillers & related site work at 4 different schools. 3. Long Beach Community College District, 4901 East Carson St., Long Beach, CA 90808 Name and Address of Public Agency Name and Telephone No. of Project Manager: Sota Sunleng / (562) 938-4843 $379,133 Stage Floor Replacement November 2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Demolition of existing hardwood stage floor and replace it with new Harlequin Stage Flex dance floor system in Bldg J. C-20 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. Joseph Kim Name of proposed Project Manager Telephone No. of proposed Project Manager: 714-595-1621 Wayfinding & Signage II /$788,000 Renovation 2019 Project Name&Contract Amount Type of Work Date Completed Bishop ES Modernization /$24.7M Modernization 2018 Project Name&Contract Amount Type of Work Date Completed Marquee Signs at Various Schools / $187K Improvements 2021 Project Name&Contract Amount Type of Work Date Completed 2. Joey Santa Cruz Name of proposed Superintendent Telephone No. of proposed Superintendent: 310-806-8855 Wayfinding & Signage II /$788,000 Renovation 2019 Project Name&Contract Amount Type of Work Date Completed Bishop ES Modernization /$24.7M Modernization 2018 Project Name &Contract Amount Type of Work Date Completed Marquee Signs at Various Schools /$187K Improvements 2021 Project Name&Contract Amount Type of Work Date Completed C-21 { 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/PW CR/ActionServlet?action=displayP WCRegistrationForm 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 MR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. MBC Enterprises Inc. Contractor Rudy Sultan By bidding@, centerprises.net Email President Title Date: December 22, 2022 PWC Registration#: 1000064318 C-22 BOND NUMBER:1001140504 BOND PREMIUM:$7,902.00 BOND EXECUTED IN DUPLICATE PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City")has, by written agreement dated ,20 3, entered into a contract with MBC Enterprises,Inc.,16601 Gothard Street,Ste G,Huntington Beach, A 92647 (name and address of Contractor) • (hereinafter referred to as'Principal"),for performance of the work described as follows: Glen Mar Frontage Road Improvements,CC1688 • (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 American Contractors Indemnity Company,801 S.Figueroa Street,Suite 700,Los Angeles,CA 90017 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Four Hundred Thirty Eight Thousand Nine Hundred Ninety Seven&81/100 Dollars ($438,997.81 ),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 15-4584/117174 Bond No. 1001140504 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:March 6,2023 ATTEST MBC Enterprises,Inc. (Corporate Seal) (Princip I. a By: Name: n Title: I ` C .ATTEST American Contractors Indemnity Company (Corporate Seal) (Surety Name) . By: _g4A-t-.A, .1A. Name: Torah t ane (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fad Certificate) (310)649-0990 (Area Code&Telephone Number for Surety) APPROVED AS TO FORE i By: -�7G ,/C-- ,-Michael E.Gates,City Attorney r-A,ii.1.244 .. 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 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 03/07/2023 before me, Sandy Assi , Notary Public, personally appeared Rudy Sultan who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(si is/are--subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thoir authorized capacity(ies), and that by his/her/theirignature(s)-on the instrument the persons-}„ 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. ,�p,5D 98 Assi i;� a� O i ••p ,Qc'4U " RN\P ,o�• • h'GE o P�;•• • •.PIP, St1 • OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT Performance Bond-Glen Mar Frontage Road Imp. DATE OF DOCUMENT 03/06/2023 NUMBER OF PAGES 2 SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On 3/(O I Qoar before me, Vanessa Copeland ,Notary Public, personally appeared Terah Lane 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 w°i,ti tart'PuA COPELAND paragraph is true and correct. Notary Public•California = Orange County vsyrivps f. Commission k 2424393 WITNEV and o fi ial seal. tf:e* My Comm.Expires Oct 31,2026 Signature: re of Notary i is Place Notary Seal Above ----- --------------------------- OPTIONAL ------- — — Though the information below is not required by law,it may prove valuable to persons relying on the document and could present fraudulent and reattaclunent of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Terah Lane Signer's Name: ❑ Individual El Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner: ❑Limited ❑ General ❑ Partner: ['Limited ❑ General ® Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: El Other: Signer Is Representing: Signer Is Representing: Rev. 1-15 cIn, II l arl I l, V IVIIIII,,JIII IIll" .I,IIl ad I ,1„ 01 I Il Ia I If'I' I I' il .11\, IJ , , III dI l I l'III I',.,IIJIulI.il�.I.Ia l IIl II IhII 6 'I IIII l II I lI I II. II '1 !, I IIprI1 tI II I , l . !d,m,;,, u.IIp hl ' li,w,I I, I,6I ,,,I II, Iw,jII I, IIII' ,, 'l 10,4 II l ,\I LI,llVII l ll I„I „I IlI4, 1,Id lIl I„dl III Ii'r ,pl aIV ,0 I l, ; III I'f ,ll 'III II I,II I I,!I ll' !III l 1I , ,,i1 tii li ld „I l I''Il i,, q IilI,,,„ I1,llllll'i iIll „ll,II TOKIO MARINE HCC II',4I ,.'lI ,, I l .I I,',II' __ _ — — = POVt 0 � �RNWNY = = ___ _ = _ = [ERICAtnO RACTORS I AI YZOl ATEXAS BONING-COPAN`r— _ _ =N DM UNTED SATES SURETY COQNY �= S.=SP�CTALTY INSURA IE OONPANY — - KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation � b� 'l G.S. Specialty,In,sIura IlcI Ie IICI I �I Iu�;'''aI Texas corporation ( o ltec'l I eIIlIlIIIItI h "Companies"), do by,�ttI, esep e seI�s make, constitute, II I y,III Indll .ppoint: l ,I Idl II \, �dI . \14 ,III IIglllll, IIl I .f�II � A„IillI I II, f VIlI I V1,l4 l \ IIJ ; V, l l� III 1 r 'L oqI ef lIK I1' 1U fIrIIlR' a�hardson, eII!II!l,I!'nCa�hc l,ie' I; III rGrenroo ��l��� I 7Ie l I linoo „tple.la!InudIlIII ui,II\ . ;I'l I l I „ lllI 4�I A T er ' arie a assia Kirk-SriItht oroMI, Ias sreda of Costaesa' a\for la VW U ,�,oIII gI dI1 li , adPI ,,,,q,a ;W ali lnl IIIVh�I lI„II\i, I III,Pa ' IJ,1I its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, tiding the bond eiralt�r d es ._exceed = _ — ****Tie Million***"" = — D:oIlars * 0,000,000.0( "*his vier Forney shall -61pEe wlthoJ [ hey aeon on Jant.ra L'1 W2 4Eh-WRP-ever of Attorne�II = gNt ted under and- as ooro ify h-oilowing resolutrceen ado b ids of Directoes tl- paeie— Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any—Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: r ' r xecute,ackno i dge and deliver,any l l„I, f q ey-m-Fact may be given full polls Idler,III Ill�illllll,,l,uthority for and in the namelof a�llll oIIII�V',iulelllialf of the Company,toe ,,,,, .IIII,IIII I II,,Iltwlull'I s I,IIIII"IIII I ,IIII, IIIuuor! • l\W 11"" l I'll 1 s or mde' n t. a��IIIIb � I Ion I or obligato Ip and rta it s I y deli I y and all consent l ,I II II„ +''I I;I'II 'a bonds reco iz Rce lliccon�tr (s,Nrreement ,,yl yy``� e I r ryA ,IIIII III�!I' lulls', illl�ll, p,` I�IIIIIII lllullll, IIIII II I,,, ',I,II „I, I,Iljllll Ili,n II' 91I�I, dillll 'I(IIII IIIIIIIIIIII.I IIIIIII III IIVy llllp e 1,C IVllllf�p .IIIJI,11, IIIIIIIIIIII IIIII I IL �II ', ah„ al al l\', I8es and docu : n(�I�I AM PII I,ly,,IIII\\ �I J; { OII }or final es �r�glne r a �{ bnstruction con rac, a �, . ,,,`I IIIII,IIII'\ III' , ''11 ,,I LI, �r a release of r�a ed ,�IJ' e , �g I� ,� II,I,II luua ullil, lum�i �1n�d !11111�u11luul, IJIIIII,IIlrulll ,II;'ll uu,,,llsl��il Ill,l��i� �, II II,IV , II IIIII i Ifirlu,!uic i ao,u�,ul 'III�;IP ,Iltmuu'rill\}°v nulllllm,lll, ul Ilp. II ll executed byan' ,stick one ,Iu-F,,a,p0shall be binding up IIII ,IIII YP,IIPIIII; canceling orterminati'��0,, ...mii,,�1,,,,,+tlls Il�p,l� y thereunder,a{lu k1''ny�1lif01��r�st'' '''# so Ip,l'I I!II'1' O'IllI IIIIllr, „IllI'il I"" ,,pullllll IJ,,ldllP,ulllul the Company as if signed by the President and sealed and effected b�)(he Corporate Secretary. II II' Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached._ WITNESS WE F h Co_panlee have causeWthisinsrurarenVo egrgned and thelscor oo eat ttb hereto affixed ti is iay of Septemmi 201= _ — = = = = — CMERICAN CONTRACTORS1NDEMNITrCOMPATIY TEXAS BONDING-COMPANY _ — UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY 1111 IW p 1111111W NINN IWI \ INNII, cs State of California cif 1'c' t7 �E 4-7 .. l ne -+- % �.. I li dl''P,O,,, I' , �r w iiia „ii i 15i i- I I a, 11s' �i�- i'III - VI 'I o p I Fr,. e 'I 1`.- , { Il ' BY o,om ,alll'IIIIII,IIIVu IIIIIIIIIIII 111IVlmllll,lllllu. o", II '.IIII I'I 'OO'.,nt of q: el es I,I,IIIdII II s4 IIIIIo" os'+.,' l+l'i'�`y17r;n',, I"I! ''gIl Q O f- !III'I�I ,I��, .�uli .�i, 1,,,I5,q,.. I..-. I ��,I Ii�I'I I„IIII vIV „�I,'., IIIII „ y 'IT g IP !I IIII, III I II�W�r w° x r•1•--..�d r, 1111 I so' G 1.., II $ I l III Il,.,y I I I,IU I Ill' I I ! I 1 I Il.e(j I AlI l pw!e\,� w oF,F I l,lll p�III IfI�f,; I, I r� \;'IIII IIII D nIe IIPIII'„,ddllar�illll ice Presides Ill,IIIIIIIIIu 4pll ' II IL,,;II !III III , ,IIIII le I,III I I I. I nu Iwo exnmN111 IIIII.!IIIIIIII III'dlfl(�1�m,11y11�II,�III\I 'dl!'illl'�Me...\ V.. \IIIIIIIII.IIIIIIIII ill , �,I Ilt„I I,II� 1, I I,1! �li l III III �Ililllll'rJllll!IIIIi IIII,dIIIIIIII ,QIIIIIII IIIIIIII hi Ills ii(1 lldlp 111 II ,I I II,I „ III l„ ul,ll,llfll' ;III, I V'' I'V'dIIP l Illulllllllluu IIIVI . \IIIIIIIII,,OW' dlVllldll. OM"' pIIIPI ,Il i all III ,1 IiIIIIIPIr• '1aIIVII R' VIIIQIIII I,l!�0''' II0II,IIII IV,i,lll�lll . �.Ilj,ll.11 l 'IIII. II I1 IIII II NM 11IIJNI neck the documenillt0 11 IIIJ,IdIIIIIIIII IIII A Notary Public o l other"'orucer completing this certifica,,e v�nri s on �he Identity of the I iviau g „III10 ry which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company,Texas Bonding Company, United States Surety Company and U.S.Specialty - cance Compaq wjo jjedd!o r e r the basis of_satrsfact ev ere be the persoop whos ame i cribed to the withili =__ s rrrment and ac�crt9vleletntt he execudhamehl authorized capac arrdiailignature or� hhh __ In ument the peon,or n uR n behalf of whicfi ire _sfln a ex ecuted the ins ui nen _ _ = I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I , III ,,,, 41TfI EFIE40 WITNESS my hand and of • I seal., `• Notary Public•California 8 rJ „ 4 II or p " !'I ' „d ,1hu r ='_ ,14O1 IeleS County I! II III 1i°il,\,1) IIIil Ii iI I I,III',Illu I„ II I II y IIII I I dII I IvI0 III II Iw I I I I I U 9: I : aII,, „{ I, I!IIk 4,. .::t1 T onX212°3°7 I I I � I IIIluI�I ,;'I, „IIll I SI�nature (gQ,d10 l I,; Io r i6 Y , fie, Pf1K a1131.I024g1I , I I lbI„ I0l I , I. II II I IIIIlI I,, IIII I Mli 1II, I� IIn q1PliW II !IIIIII„,,l ,1r II IIIII u5vvv:,,pn ,�1,q I I II Il p IIII iiliIIIt1 lI6„uII, I, Kio Lo, Assistan 'Secre ary o American Contracts Inde .ty ompany, Texas Bohding Cpany, United States SuretyI Company and U.S.Specialty Insurance Company,do hereby certify tl?nt the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect.. _ _ — = Witness Whet W If vhle_J o t my han nWaffteWtfTT sexi, -of said Coroynarues t -off_g el s, Californi = day of— �C _ _ — t•11 U1,„ iNNI I4y— N1 Yl I•� IIIIIIIII* ra t"217"k4 NNOINpµ .+'`SAUR -H\sury,H, Corporate Seals st �; .° °04 r��� t? tp� rs*� ••"' w:� 4f R 9 t.a 4 T ,,; ar m + a. Bond No 1 ��1 t y o�v�{ gF,st.1a,Nm o=t FKi ! - 7 l;£ w re- 'E; ffr 40 ii ` �{ w ,ill'IIV s Secretary IIIil''I' IIIIIIIIIIjlln. 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I'llI!I I,IIIIIIIIIIIII 'lII1,i1111' IIIIIII 'I III II 1Il' II II�I°Iall.l III I IIII 'I,I IIII 10,1�ldo„ ,IIIII,,.,II� VA'IIIVI, ,v 1\\, IdPlldllo1,', lull'lull, Jy,I,,,ILIIII,I IUIIIIIIII, ,�aIIJI.V' IIII I III I IIIIIIIII II�IIiI�II IIIIIII III,, I, ',IIIJI' IIII,II,II„ II,,,I,I�„I II,IIIIIV dlh,I,II ,,w,,;l,„ dlll,,la dllldllllll IIIIIIII a HCCSMANPOAQ,,1 021 visit tmhcc.com/surety for more information r ;- -- -------, ` I , I mx nK[[l±2I >gcnm»»I /( I 1 \\J■/(\( p} ; \\\0,0E ° 2/ ; . ƒ7n§%J \} I ƒE\/[( \\ (\/ / ' - E i (\4 ) i : - � , _ ; - C , , 1 ' ' i «----- — . ------------— [ -�—-�--- j --- --- —-----j I WA ! H4k1H H ! . >;$mf\y( }H « 1 \\\(\(§;B3®i7 1 I (}(\k § ' @! 7 I SW \ ! I BOND NUMBER:1001140504 BOND PREMIUM:INCLUDED IN PERFORMANCE BOND BOND EXECUTED IN DUPLICATE PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City")has awarded to MBC Enterprises,Inc.,16601 Gothard Street,Ste G,Huntington Beach,CA 92647 (name and address of Contractor) (hereinafter referred to as Principal"),a contract("Contract")for the work described as follows: Glen Mar Frontage Road Improvements,CC1688 (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 American Contractors Indemnity Company,801 S. Figueroa Street,Suite 700,Los Angeles,CA 90017 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Four Hundred Thirty Eight Thousand Nine Hundred Ninety Seven&81/100 dollars($438,997.81 ),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 5-4 5 84/1 1 73 57 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:March 6,2023 ATTEST MBC Enterprises,Inc. (Corporate Seal) (Pri I Na By: • Title:?-e.Gi ,^ t _ ATTEST American Contractors Indemnity Company (Corporate Seal) (Surety Name) By: /AA_ Name:Terah Lane (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) 010)649-0990 (Area Code&Telephone Number for Surety) APPROVED AS TO-FORM: Michael E.Gates,-City Attorney 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 2 of 2 15-4584/117357 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 03/07/2023 before me, Sandy Assi , Notary Public, personally appeared Rudy Sultan who proved to me on the basis of satisfactory evidence to be the person f s4-whose nameM is/afc subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/her/their authorized capacity(464 and that by his/hcf/their signature(s) on the instrument the person(-}, 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. 'py qS G• j Sp798 44; 1▪ SPRY P o' ,,1 Eif 1 U v 1 i ril► :�S �' h . 1�3► f N`r • o:94.• 4 E C ‘4,4" %. `6rrrrrr OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT Payment Bond-Glen Mar Frontage Road Imp. DATE OF DOCUMENT 03/06/2023 NUMBER OF PAGES 2 SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On 3/(��1,g033 before me, Vanessa Copeland .Notary Public, personally appeared Terah Lane 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 gar r6 YANESSA COPELAND a 'w Notary Public-California paragraph is true andcorrect. 'f'�'" Orange County s' c�*° Commission#2424393 WITN, y h n and of ial seal. +um0 My Comm.Expires Oct 31,2026 Signature: t e o o ary Place Notary Seal Above --__------------------------------------------ OPTIONAL ---------------------------------------------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Terah Lane Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner: ['Limited ❑ General 0 Partner: ['Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Rev. 1-15 I l 'I I I II I p hIIII.I IIII r 1\ ,. l; ol,I L I I IIlI III,I ° l� I,,.,nl 1 PIT I II ^ Ll,!I . 10 r , pI I I lllurlre rI„I. I,IIJ, I\,,I,l IIIl I IILUI ,Igl h , 1I„ I, l iIII „,,,,lIw „ u II I'I, Ii * l o, oII !Il „„I LI,� „'III' ll"'IIlg I II ; I I lI I ' �„ !lJilIl „Vil ,.s ll „,,lI IIIII ,, I I:III,,,„I II1 lWI ,I,IJi,Il I lI IIII " '' 'yI . JIIIIII IId� p1,plIIIIi I,�1,p ,,j, •,imw. I IIII VIldJ M '' TOKIO MARINE HCC - - - _= —- POWER Qw Q1EY - - = - - - - = _ _=_ = MCACIACTORS INtiNI1-Y- 1 lTEXAS BO1D1COMP_ N 1 --UNITEDSATES SURETY COMFA � S. EEfALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of AmericlaIn Contractors Indemnity Company, ompany, United States Surety ComIV•pany, a Maryland aryland corporation Ihl,I a IIU.S. Specialty Insurah e Co p y;IIa Texas corporation (colllectiely"Itha"Companies"), do by these rese'jis make, constitute II ,�I iIl 417 'Ia Oppoint: I E ,I lllllL,I,I IIlI I I �III! IIII,hd DIUlh .I C; hI„III I' Ih eI' Gd'� I,I 4114014 , \ I 1lI1Il III IIII!III ' i I VIIII I I IIIII!�d I no, owe7; ar, I arsonrevi I ' a� carIIIe 1 rrenrooIlI IIesa o III II II Iotll )II Vp R u i tI III II IIIIIII I . I L - VI'I,qIl R Nlll II I UuI k '1I I,I., ,dI II e a lIa a atassla Kirk-Sn c IIa o'as,,IOW of Costalesa\Qa l,f � la!I�IV IIIiti tIIdul, I'II I I I IuI IV I Vuu' Iu' II III I I , iII I its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, - reviding the boadpenat- des=aoo exceed _ — "****Ten Million***"* _ Dollars _ * 0 000 000 cJT TT s oMr Afforney shall rr v h h anion on Jan 1 ff 4 hi Myer of Attorne s wed under andanW alofytl._llowing resolutiateac teebl—rds of Directo—riiV Be it Resolved,that the-President,any Vice-President,any Assl ant Vice-President,any Secretary or ai,yAssistant Secretary shall be and is herd -- vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: n wledge and deliver,any I'I�'I Wall may be given full power an�authorit for and in the name of and ,IIlu,ll��,uug',I,, Company, execute,ackn,l,IIII , o behalf of the Com an ,to exec o , I,;II ,I� ,I nr',^ �r ;ts'lllalullI ments or rode: nl a Illiyt a!I1°'o dt, al or obli ato un dert s, I c�u I'r4 II;I,, y and all consen s lrl'I'lo, II:,I I ��d all bonds, recognizamcesll„fib t a 9 �? }}Yl r1 ul 9811tI Ill �Ig''p' mu Iltu!ullIIaII Vr m!gll, IIII'llll l ',IIII,, ,'.IIII 1I,II'IIIIJII IIII�!lIJul 'i.,IIP,I, �II1e ,IIIIIIII 1;1•JIIIIIII Ilgill! 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I in 14 ,IIV,IIP dCgu;ul null�l Ills IIL.III nI Illlgl Iks,;6 O a IIIII. ql IIII I 'pc II Itto iie ;I Flactlshall be binding': II 1 I;I I ;IIII II !I^II I c celln or terminaI !the,11 omp,arl� ICa �1�r thereunder,al ��,hysuch st ellsIllo executed by amyl II III rI' I'I ullullulllll: I II,I I IIIII, II,I I �, 9 III Jl6 m,�lll �uV llllllll pill I�lllllll II I Iu UIT d� I IIV dl�lll�ll I � �II IIIIIIn �l of p sealed and effec d b �tiie Co orae Secretary. llllllll IIIIIIIIIII) 1PIIMIC IIIIIIIIIIIII the Company as if slated by the President and e Y II Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. - 4N TNESS WH W6F ►pa- ti have cause htsms- me _ _mac ned and their cs portar es t _iereto affixe this - _ ay of Septe 1 =  _ = = _ -- �1701ERICA7�CONTRACTORSl1�lOEIV 1 CQl1APANY TEXAS BOND1J COIN III UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE-COMPANY N,1INIITO I M1 rrri NN11Yx,NN. 1p IxRRr,� „:,:- io1k. aN�NRiN. FSe5IIZOo4 r..;1; c !R�;44 �.' 'III I.E,21 f. ` ai _*w�:. ?.E z,4 .l +�� . ,,,nunul"'"' 111II1 State of California �,f q \4 II IIII Yr,, Y I �e s E'''', '`8 s vi f 15 ' N. B 4 IIIII IIIIIIIIIIIIIIII!I I III;IIIIII,-Ac2_,___„ 4 lU I ' my of Los Pt,,geles I li I , IIIIIII 1,-4- %s, I..A ., s I,,, IIIII, . III y II ,•:.!, III,I pu I;I'III I - I „'i .I!I II IIIIII II I I �I���11�1 E' ���`-...P•^4. llg4�i IIIII)II I�;.}. I ?ill L.1.,III�..,� I!Il II I' +IIII r,,II,I Ilr ,I. I,illll, III ,I IIII i�II� IIII II III IIIII ,,VI I III IIIIIIIIII ��I t.*.N w�oF: IU III IIIIIII II Dan1 a I�� la Dice President Ali VIII IIIII Ilu I,I I, IIIII p I III IIII IIIII, IIIIIIIIIII I IIrNr � s w„RIII,II'i�k `IIILdIIII Jl� *Ikl�� IIII Illlli(r rurl'IV„w VIIuIIIIL IIIIIIIIII Pr� III If f�I�I, I�lrllll 611 •IIIIIIII ,I I Ip l l I1 I I ,IIIIIIII eIIIIIIIII IIIIII,AO IIIuIII LIIII),, ,IIIIIIII IIIIII.f��Y, 1 d V l I uil 'I g IIII', uu" oil'lyii'Ir II,'PIIII' Ai III IIIIII.111IIIIIIIIIIIVIII!I II'lllll,lllllp III I,! !+•IIII !IIIgllpll'"' PIIII'JIIIII''ill!IU' "'IIpII111 °IIIIIP" IlVlplltll VIYiI',II,!I,111` aIIUIV II'IIP,I;IIII.. Ilklllllll IIIIIIIIII p Illllllll. II;.IIIII 11 ,II IIIII IIIII I I I I IIIIIII 'III IIIIII Vnll. I II I�� v r s o l el ►den6t of the r w�t� �I , �dllls►g�►ea�the documen Il�o II I�IIIIIVII �,I q Notary Public�, the 4,of icer�om��et►ng this certrfle fe R� e Y Y ,;4;w �.1,'� Ihll'V1 IIII ry (1:II4meIII IIIII ,I which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company,Texas Bonding Company, United States Surety Company and U.S.Specialty = surance Company who pr yedd min the basis of satisfabtc_k_we*tentMo be the person whosenam s subscribed to the within - _sHment and a—knvlff_gek tin e tit he execudd Me ame 3 l authorized capaci at habb l ignature oft-tht _ ment the peoII rr,ahr behalf of whle= ers� aeecuted the 1nuel I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ur D.LITTLEFIELD WITNESS my hand and offi - I seal. r�M Notary Pubik-Egatoml ( drd'lll rt ollp rIIUIIVIVIP',I 1 te,. LOhon eletcounty f: I!gI gill" IIIIIIIIII I II III .N stionit2320307 I, "'I�III111W' III III 14IIIIIIIIA'T d"i: III',I`p II'IIIJJIIII'll ;J!,I III ,� I , II I, � III I I'Il'!I'I'I fif 113I II-1TIIi...11I11,1y�'a," IIIIII'tIIII I IIII I61ll Ve111 lI IIIIIIIIIII I II iI 11IIfool lii�ll 1. IIIIII \\11II,,IIV I .VI!..I I• IIIIIIIIII `.IIII, IIIIII„;„„li,ylt,ioir�i,h!IF,i!Plfelilm 31;20241vJ II IIIII,I I,ili ,IJI 1IIIII II• II'I!Il 'IIIIIIIIII.I I!III'I\ Ssa Ii►. �. �1►_�_ _ I14 ,IIIIIII1 III II',,••III II I ,IIIIII, ' nature ;u1riI' I IIII \,,,I, 1.I I,, . —1 I I II I IIIIIll I' IIIIIII I IIV, III II 'IIIIIIIIIII 'dill l r III JU 11 IIRIuIIIIIIIIIIIIUI IIIIIIIIII! III I ��Ilpl IIIIIIII IIIIIIIIIII@I!' IdIIIII Ill' IIIIIIIIIII,IIIII,IIIpI IIIII„IIII �I,IIIIIp111Ii, ��IIIdIIIII I II IIII IIIII IIII IIII,IJ„IJIIIII. WI ` IIIIIIIIIII I. IIIII States S11�2 'I,,IIIIIIIIIII til ecreta o American Contract0(;ISI Inde II y p y , i mpan y I, Kio Lo, Asslsta S Ey h�'hlt Com an , Texas Boh;�,ng Co' �, l�hlted S a Power Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of of Attorney, executed by said Companies,which is still in full force'alit.effect;furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. - tness WhetZ-o. hzv ee tat- ret m am rlO-aftt, sTal � said Corfzaa_es=t o_ e s, Californi h -_ _ day o =� =_ _ y _ -_ _ _ = __= 1111,1r11„ 4t„', Iy,� N...1- 1 ,4 ,011111, Corporate Seals g�0.'--.1 4 jrj 4 �N g--th! a wsuro JO'' „ '7fj.H'2. �C� }.Qs FqE ..,, t4 P.�!\'t..... Rp.44 Bond No. +C171l 1 O Dt.! '"s '` nt ,� o~ 4t �f 1.+, 4�= I. s� 0. rp',,I I rep`_°;....., voi Vs,,�i,' sus r n � .1G11,'i�=1 S ;t * " Kiol11,,,, ,,. ssi Secretary Ill! 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IIIII'll lIl• 111I IIIIII, III IIIIII IIV! `IIIIItlIIIIl!IIIII IIII !II I III0IIIIII III'!li IIIII III I'.11111111II!I 1,,,oliI,III, IQ III!11 I'Inl I III IIII lltll II IIIII'x II!III IIIIIIII IIII IIIIII ,,,III,�,�,I'I II IIII IIII I I• I IIIIIIII IllI111III I'll I'I'ill`IIIII III ' II IJiI,Illbllpa I I ,III IiII I II , , IIIIIII , IIIII III I,,dlll I III .IIIIIII I,I I, IIIIII IIIIIIII „I„I, �, I,I� IIIIIIII HCCSMANPOA',r�21 IIIIIIIIII II,IIIIIII IIII Of IdIIIIVII�nIII I, full IIII IIIII�IIII�II Illiu !o III,JII�,II Illil! 6III\61 ,.,,\l�l IIII Qlul ll u' visit tmhcc.com/surety for more information iIIj K m>zo= M. >g m m>ryD o t O(.d O C' - o O Et; a O O a n om -. oa mOCm - :oa TT �$ C oe N 0 Omo N o ,Zmd3' v� rtiK' vD Ma II 1D <w.N D • O '.T D Nd.; -0 a D y 0 nNN'.Om -O^N n T O T. p»CHO7,y , N o O P T P I o Q P T P x i X / i I j v,x ! j ChA I a 3 2 d?U o a c ? chi m y o a ? ,Fg a (�4 m o I _ To c 62° m '•o T T'-C D , o D ,W,.-O �»� n»T.'. i j Dy O Cam�0 o i I!I 1 ! g ?a 2 O i I »y � �°d a I j � m 'o'ny m i o P x I o m' Q x o- x 1 oO x 1 DATE(MM!DDIYYYY) AR o CERTIFICATE OF LIABILITY INSURANCE 03/20/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Brandon Scavia NAME: Prosource Insurance Services rPa aNn o.EYn: (619)469-9600 I (AMMO,No): 4625 Acacia Ave. E-MAREss: service@prosourceia.com INSURER(S)AFFORDING COVERAGE NAIC 11 La Mesa CA 91941 INSURERA: Tokio Marine Specialty Insurance 10738 INSURED INSURER B: State Compensation Insurance Fund 35076 M B C Enterprises,Inc. INSURER C: United Financial Casualty 11770 16601 Gothard St.,Suite G&H INSURER Q: StarStone Specialty Ins. 44776 INSURER E: Huntington Beach CA 92647 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY 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 SUBR POLICY EFF POLICY EXP(M LIMITS LTR INSD WVD, POLICY NUMBER (MMIDDIYYYY) MIDD(YYYYl X COMMERCIAL GENERAL UABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADEit 100,000 X OCCUR PREMISES( (Ea O o occcurrence) $ MED EXP(Any one person) $ 5,000 A Y Y PPI<2445335 7/24/2022 7/24/2023 PERSONAL&ADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE $ 2,000,000 -1 POLICY m j8T I I LOC _PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY (COa aBI EDISINGLE Limn- $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED C AUTOS ONLY _AUTOS 008058250 12l5/2022 6/5/2023 BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY — AUTOS ONLY (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 D X EXCESSUAB CLAIMS-MADE 84533P220ALI 12/5/2022 7/2412023 AGGREGATE $ 2,000,000 DED RETENTION S $ X WORKERS COMPENSATIONSTATUTE ER"_ AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Ypi N!A 9276610-2022 5/23/2022 5/23/2023 E.L,EACH ACCIDENT $ 1,000,000 B OFFICERIMEMBEREXCLUDED7 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yyes describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below , PER OCCUR. $1,000,000 A POLLUTION LIABILITY T22CE10427-00 12/05/2022 12/05/2023 AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS(LOCATIONS i VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace I.required) Cancellation 10 days non payment,30 days all other. City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are nai' �pp�•.:L c. - jgsAisdrO FADIRMhed endorsement. "} •-7 1./@..1t Ae' ~r+naA RE:Glen Mar Frontage Road Improvements Project 8 2000 Main St., Iy: Huntington Beach,CA 92648 i LM•1GHAEL E,rGATES--- `'4;Pl!'V\AtfoP1iESfS CANCELLATION CITY OF'HUNTINGTOI��BEACM CERTIFICATE HOLDER w i 1 Vr:.1jiV I u'4tirTON BEACH 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. Attn:Brian Polivka-Capital Project Adminsirator AUTHORIZED REPRESENTATIVE 2000 Main St.,P.O.Box 190 Huntington Beach, CA 92648 = -- --- I ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PPK2495335 COMMERCIAL GENERAL LIABILITY CG 2010 0413 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 CITY OF HUNTINGTON BEACH 2000 MAIN ST. , P.O. BOX 190 ITS OFFICERS, ELECTED OR HUNTINGTON BEACH, CA 92648 APPOINTED OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS Information required to complete this Schedule, if not shown above,will be shown in the Declarations, A. Section li — 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 organization(s) shown in the Schedule, but only exclusions 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. Your acts or omissions;or 1. Ail work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured principal as a part of the same project. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 2 of 3 C. With respect to the insurance afforded to these 1. Required by the contract or agreement; or additional insureds, the following is added to 2. Available under the applicable Limits of Section III—Limits Of Insurance: Insurance shown in the Declarations; If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the most we will pay on behalf of the additional insured is the This endorsement shall not increase the amount of insurance: applicable Limits of Insurance shown in the Declarations. Page 3 of 3 ©Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: PPK2445335 COMMERCIAL GENERAL LIABILITY CG20370413 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations CITY OF HUNTINGTON BEACH 2000 MAIN ST. , P.O. BOX 190 ITS OFFICERS, ELECTED OR HUNTINGTON BEACH, CA 92648 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 is added to organization(s) shown in the Schedule, but only with Section III—Limits Of Insurance: respect to liability for "bodily injury" or "property If coverage provided to the additional insured is damage" caused, in whole or in part, by "your work" required by a contract or agreement,the most we at the location designated and described in the will pay on behalf of the additional insured is the Schedule of this endorsement performed for that amount of insurance: additional insured and included in the "products- completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional insured Insurance shown in the Declarations; only applies to the extent permitted by law;and whichever is less. 2. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement,the insurance applicable Limits of Insurance shown in the afforded to such additional insured will not be Declarations. broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: PPK2445335 PIC-GLN-020(10/13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,4.Other Insurance, and all subparts thereof,as contained in the policy is deleted in its entirely and replaced with the following condition: 4. Other Insurance If all of the other insurance permits contribution by equal shares,we will follow this method unless the insured is required by written contract signed by both parties,to provide insurance that is primary and noncontributory, and the"insured contract"is executed prior to any loss. Where required by a written contract signed by both parties,this insurance will be primary and non-contributing only when and to the extent as required by that contract. However,under the contributory approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. If any of the other insurance does not permit contributory by equal shares,we will contribute by limits. Under this method,each insurer's share is based on the ratio of its applicable limit if insurance to the total applicable limits of insurance of all insurers. All other terms,conditions and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 POLICY NUMBER: PPK2445335 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): AS REQUIRED BY WRITTEN CONTRACT PRIOR TO AN"OCCURRENCE". Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER:PPK2445335 PIC-GLN-028(08/14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT WITH MAXIMUM POLICY AGGREGATE LIMIT This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All projects performed by the Named Insured. Designated Construction Project General Aggregate Limit of insurance: $2, 000, 000 Maximum Policy Aggregate Limit of insurance: $5,000, 000 Of no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under SECTION I—COVERAGE A, and for all medical expenses caused by accidents under SECTION I—COVERAGE C,which can be attributed only to ongoing operations at a single Designated Construction Project shown In the SCHEDULE above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project,and that limit is equal to the amount shown in the SCHEDULE above. However,regardless of the number of construction projects and under no circumstances will we pay any more than the Maximum Policy Aggregate stated in the endorsement SCHEDULE above. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A,except damages because of"bodily injury"or"property damage"Included in the"products-completed operations hazard"regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits." 3. Any payments made under Coverage A for damages or under Coverage C for medical expense shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project, Such payments shall not reduce the General Aggregate Limit shown In the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the SCHEDULE above. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with permission. 12/22/22,2:08 PM Company Profile CALIFORNIA i DEPARTMENT OF INSURANCE COMPANY PROFILE Company Profile Company Search Company Information Company Search Results AMERICAN CONTRACTORS INDEMNITY COMPANY Company 801 S. FIGUEROA STREET Information LOS ANGELES, CA 90017 Old Company Names Old Company Names Effective Date Agent for Service Reference Information Agent For Service NAIC Group List ANNA NOVEMAN Lines of Business 801 S Figueroa Street Suite 700 Workers' Los Angeles CA 90017 Compensation Complaint and Request for Reference Information Action/Appeals Contact Information NAIC #: 10216 FinancialStatements — ................_._.........._____..._....._..................._..._.._.....__.._..._ _—_........................_................... PDF's California Company ID #: 3634-3 Annual Statements Date Authorized in California: 05/23/1994 Quarterly Statements License Status: UNLIMITED-NORMAL Company Complaint Company Company Type: Property&Casualty Performance & Comparison Data State of Domicile: CALIFORNIA Company Enforcement Action back to top Composite Complaints Studies Additional Info NAIC Group List Find A Company Representative In NAIC Group #: 3098 Tokio Marine Holdings Inc GRP Your Area View Financial Lines Of Business Disclaimer The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY back to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyprofile&doFunction=getCompanyProfile&eid=70264 1/1 AMERICAN CONTRACTORS INDEMNITY COMPANY1 (NAIC #10216) BUSINESS ADDRESS: 801 South Figueroa Street, Suite 700, Los Angeles, CA 90017. PHONE: (310) 649-0990. UNDERWRITING LIMITATION hi: $12,100,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, K NJ, NM, NY, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, WA, WV, WI, WY. INCORPORATED IN: California. American Fire and Casualty Company (NAIC #24066) BUSINESS ADDRESS: 175 Berkeley Street, Boston, MA 02116. PHONE: (617) 357-9500 UNDERWRITING LIMITATION hi: $4,299,000, SURETY LICENSES AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY, LA, M NM, NY, NC, ND, OF., OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: New Hampshire. American Guarantee and Liability Insurance Company (NAIC #26247) BUSINESS ADDRESS: 1299 ZURICH WAY, 5TH FLOOR, SCHAUMBURG, IL 60196 - 1056. Dunroc• IQ A7'sfCñ AM Best Rating Services American Contractors Indemnity Company AMB#:011019 NAIC#:10216 FEIN#:954290651 Domiciliary Address Assigned to insurance companies that 801 S. Figueroa Street Suite 700 have, in our opinion,a superior ability to Los Angeles,California 90017 meet their ongoing insurance obligations. United States AM Web:www.hccsurety.com 0Supe171) Phone:310-649-0990 Fax:310-645-9274 View additional news,reports and AM Best Rating Unit:AMB#:018421 -Houston Casualty Group products for this company. Based on AM Best's analysis,058633-Tokio Marine Holdings, Inc.is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure.View a list of Qperatinq insurance entities in this structure. Best's Credit Ratings Financial Strength View Definition Best's Credit Rating Analyst Rating(Rating Category): A++(Superior) Rating Office:A.M.Best Rating Services,Inc. Affiliation Code: g(Group) Associate Director:Edin Imsirovic Outlook(or Implication): Stable Senior Director:Gregory T.Williams Action: Affirmed Note:See the Disclosure information Form or Press Release below for Effective Date: December 14,2022 the office and analyst at the time of the rating event. Initial Rating Date: June 08,1998 Disclosure Information Long-Term Issuer Credit View Definition Disclosure Information Form View AM Best's Rating Disclosure Form Rating(Rating Category): aa+(Superior) Outlook(or Implication): Stable Press Release Action: Affirmed AM Best Affirms Credit Ratings of Houston Casualty, Effective Date: December 14,2022 Group Members and Affiliates December 14,2022 Initial Rating Date: June 28,2005 View AM Best's Rating Review Form Financial Size Category View Definition Financial Size Category: XV($2 Billion or greater) u Denotes Under Review Best's Rating Rating History AM Best has provided ratings&analysis on this company since 1998. Financial Strength Rating Long-Term Issuer Credit Rating 1/3 Effective Date Rating Effective Date Rating December 14,2022 A++ December 14,2022 aa+ December 09,2021 A++ December 09,2021 aa+ December 09,2020 A++ December 09,2020 aa+ December 12,2019 A++ December 12,2019 aa+ December 21,2018 A++ December 21,2018 aa+ Best's Credit&Financial Reports Best's Credit Report-financial data included in Best's Credit Report reflects the data used in determining the current credit rating(s)for AM Best Rating Unit:AMB#:018421 -Houston Casualty Group. dil Best's Credit Report-Archive-reports which were released prior to the current Best's Credit Report. dil Best's Financial Report-financial data included in Best's Financial Report reflects the most current data available to AM Best,including updated financial exhibits and additional company information,and is available to subscribers of Best's Insurance Reports. Best Financial Report-Archive-reports which were released prior to the current Best's Financial Report. 1 View additional news,jgports and products for this company. Press Releases Date Title Dec 14,2022 AM Best Affirms Credit Ratings of Houston Casualty Group Members and Affiliates Dec 09,2021 AM Best Affirms Credit Ratings of Houston Casualty Group Members and Affiliates Dec 09,2020 AM Best Affirms Credit Ratings of Houston Casualty Group,Members ang Affiliates Dec 12,2019 AM Best Affirms Credit Ratings of Houston Casualty Group Members and Affiliates Dec 21,2018 AM Best Affirms Credit Ratings of Houstgg Casualty Group_Mambers,arld fflijaies Dec 13,2017 A.M.Best Affirms Credit Ratings of Houston C.asua Group Members and Affiliates Nov 02,2016 A.M.Best Upgrades Credit Ratings of Houston Casualty Group Members and Affiliates Oct 22,2015 A.M.Best Affirms Ratings of HCC Insurance Holdings,..Inc.and Its Subsidiaries 2 3 Page size: 10 23 items in 3 pages European Union Disclosures A.M.Best(EU)Rating Services B.V.(AMB-EU),a subsidiary of A.M.Best Rating Services,Inc.,is an External Credit Assessment Institution(ECAI)in the EU.Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2013/36/EU. United Kingdom Disclosures A.M.Best—Europe Rating Services Limited(AMBERS),a subsidiary of A.M.Best Rating Services,Inc.,is an External Credit Assessment Institution(ECAI)in the United Kingdom(UK).Therefore,Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the United Kingdom as per the Credit Rating Agencies(Amendment,etc.)(EU Exit)Regulations 2019. 2/3 Australian Disclosures A.M.Best Asia-Pacific Limited(AMBAP),Australian Registered Body Number(ARBN No.150375287),is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services(AFS)Licence holder(AFS No.411055)under the Corporations Act 2001.Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only,as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy,hold or sell any securities or any other form of financial product,including insurance policies and are not a recommendation to be used to make investment/purchasing decisions. A.M.Best Asia-Pacific(Singapore)Pte.Ltd.(AMBAPS),Australian Registered Body Number(ARBN No.35486928345),is a private limited company incorporated and domiciled in Singapore.AMBAPS is a wholesale Australian Financial Services(AFS)Licence holder(AFS No.540265)under the Corporations Act 2001.Credit ratings emanating from AMBAPS are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAPS does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAPS Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAPS are the opinion of AMBAPS only and not any specific credit analyst.AMBAPS Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy,hold or sell any securities or any other form of financial product,including insurance policies and are not a recommendation to be used to make investment/purchasing decisions. Important Notice:AM Best's Credit Ratings are independent and objective opinions,not statements of fact.AM Best is not an Investment Advisor,does not offer investment advice of any kind,nor does the company or its Ratings Analysts offer any form of structuring or financial advice.AM Best's credit opinions are not recommendations to buy,sell or hold securities,or to make any other investment decisions.For additional information regarding the use and limitations of credit rating opinions,as well as the rating process,information requirements and other rating related terms and definitions,please view Guide to Best's Credit Ratings. About Us I Careers I Contact I Events I Media Relations I Offices I press Releases I Social Media Cookie Notice I Legal&Licensing I Privacy Notice I(Regulatory Information I Site Mao I Terms of Use Copyright©2022 A.M.Best Company,Inc.and/or its affiliates ALL RIGHTS RESERVED. 3/3 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) , Q CITY OF HUNTINGTON BEACH tioINTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 3/23.123 SUBJECT: Bond Acceptance I have received the bonds for Al& ghlerpnS /n-6 • (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. /00//y0SL y Payment Bond(Labor and Materials) Bond No. C0T)//4O Dq 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 a/7/023 (Council Approval Date) CC No. _ /�O$j Agenda Item No. MSC No. City Clerk Vault No. IBUU.60 Other No. SIRE System ID No. t0/g112.•19 g:/forms/bond transmittal to treasurer Document A310 TM — 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place 4-business) MBC Enterprises, Inc. American Contractors Indemnity Company 801 S. Figueroa Street, Suite 700 16601 Gothard Street,Ste G Los Angeles,CA 90017 This document has important legal consequences.Consultation Huntington Beach,CA 92647 Mailing Address for Notices with an attorney is encouraged 801 S. Figueroa Street, Suite 700 with respect to its completion or OWNER: Los Angeles, CA 90017 modification. (Name.legal status and address) Any singular reference to City of Huntington Beach Contractor,Surety,Owner or 2000 Main Street other party shall be considered plural where applicable. Huntington Beach,CA 92648 BOND AMOUNT: $ Ten Percent of Amount Bid (10%) PROJECT: (Name,location or address and Project namnber,if wn') Glen Mar Frontage Road Improvements Project;CC No. 1688 The Contractor and Surety arc 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 arc 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 pertimrm the work covered by said bid,then this obligation shall be null and void,otherwise to remain in till 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 scaled this 22nd day of December,2022 MBC Enterprises, Inc. (Principal) (Seal) fr,Mtn � s-6( ,4 Mile) 1 Ql) American Contractors Indemnity Co .any (Surety) (Seal) (it itnesr) Vanessa Copeland By: (Tale)Terah Lane ,Attorney-in-Fact 8.0054/AS 8110 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness,accuracy,or validity of that document. State of California County of Orange ) On L C [ �`�' before me, Vanessa Copeland ,Notary Public, personally appeared Terah Lane 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 or VANES SA COPELAND paragraph is true and correct. ,T �a, Notary Public-California %4. tr*, Orange County ' ' WI SS ry is d and o ial seal. ��i i- Commission k 1424393 `+���o•"* My Comm.Expires Oct 31,2026 Signature: Si ure Notary Public Place Notary Seal Above OPTIONAL --- Though the information below is not required by law,it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Capacity(ies)Claimed by Signer(s) Signer's Name: Terah Lane Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer-Title(s): ❑ Corporate Officer-Title(s): ❑ Partner: ['Limited ❑ General ❑ Partner: ['Limited ❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Rev. 1-15 :II'1 I. I N ,,„i,l� rl. r L' I 'I",Ila II 'I II'Il jl ICI lif ':I'dl I1111„Ili „n. IIIII; ll„. j4111I'II. 111i 'jI'l 1. t ,011 ;1,I 1,:,j1.,I 'I I I.it 8: I' II"'IIIII IUI'i ll ''II' I 111'' .;\q' I ul II :.,III I n I:I,IIU I I�IIa ;,:III I (I'll',I ,,I I,II II, ll ill , 1 „III; :,I,I,I !IwIll 11,IIIII III. ':;:::.! I,!F!lI. 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PEfiALTY INSURATsICE CdNFPANfif KNOW ALL MEN BY THESE PRESENTS:That American Contractors Indemnity Company, a California corporation,Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation a'':'LU.S. Specialty Insurance Cq, pa y la Texas corporation /lco ectiiv ly'Iop#: ,"Companies"), do by 1I'esei'ip e el,;lll:s make, constitute rl,lll lll,, o" ull„II, p 7 Insurance I� Y ��I �r I II 111 IIIII��III I „ 'll` IIIIII I IIIII II:,,I I II,�II�II Illlh: II• I: I IIII I,, I'll,j� r d 1 (,IIIIIII II, If,:llgltll all, Pol ,II "II ; to 111 ;III II IIIVIII IIIIIIII II:!ul,lll .d'lll l91 ldlullll 'IIIIIVII, IIIII 'IIIIIIII III, :Ill, 1,Ijllllq nllllll. 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IIIIII r.u� 1a:lil VI, luoo,lr Ilslh' IIIItl II a II IIV esl' n�.' r e r : ', d construction con(act ,I a ,' 60 all''ai:�� o Ges and document, II ,I !1,j I11 'o'll, II;I", for'i[Me release of reta '�d I erpar1 ggge, a ��'jor final estlma## : P, h9 II, I I u ',lrl'll,ll, on'u1 'u�'�' IIIIII II !lull) 'IIII�1r•!I:llli ,I lu.II:III I,, IIII VI"II I,IIII'lll':III',iIVI, . 9'I'u,iIIILVI" IIIIIIIIIP IuIIIflpo IIIIIIII I!ITIIIG.Iullili u11o1oIjllllupl p,IIIIVII,, ,.uIIIII III�II"lllel„IIIVIIpI III I, C,I IIIII „III.1 \,IIIII MI,I I,II III helr,Co : 0, 1 y�,Ir r 0 thereunder,a any s,� stW a sllso executed by a ; ,s chlAtto re��r F1I,14; hall be binding II II IIIIIIII II ca celrng or terminal:,g m t� a '"'i Y duII,IIo t1'fr�1a II ul, n p IIIIII u'0 Ill 1 ,II !I ��\ill10,1, d ,dlaVl II I'I"IIIII Ill'll�I I IIIIIIII I the Company as if signe by�h�President and sealed and effeo�ed b�(he Corporate Secretary. �I:IIIIIIII!( I' '1111111� Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. _ IN WNESS WI- RI F h pp nieg_have causeithis=i e o--_red and theoi c«pora�sea s tfts iereto affix0 thr` - = �y �F Septer- 2021 =_ _ _ cfi/IERiCAN-CONTRACTORSINDEMNIT COMPANY TEXAS BONDING COMM!Y= UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY , IIN! 111n1nn, �4Ynllnp° w411 1„n �oot0.AfTOkd�"a*. @De101 Ni.00'ys '�'�cEs s�Rfr` °ad '.M°j`'•��"`° State of California gi y°s*z ?' �9 ¢:ki tio£Fgf/ ti + \I q v ", . ,. ! ,I,_ �i„il.wi n'.IK�'rt ,'�_SW�,. lifT,,; 1r ' i s` B :r,111 lllul�IIIII��,IIIIII'I ',(IIIIIIII II'IIIIIII :,.,::.` r I'I III'll 0.11, IIIII t IIII I Ill„. o°: c b+ ! y,l IIIIIII' .' unty Of Los�1?r,p n ,tr r,•alll III, a•. ,1...' �s.: II' 'e ',y �'J�I�il,.q I1III IIIIIIIx a of:,, (,III In:I IIIIUI ,IIIIII III II'II II II'jIII ll.,Inl:,I I I II! 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IIIIIJpuglm Illy„Illllgl�ull Ill:::,, II lullpllllp ulll�llllll, p J I hl�identit of the 11 v�dU :Idlholllllsr �ed the document114,I1 Ih�IlVllllul'JI LIII I fl' „e v ifies o f g : II A Notary Public o „Igtherl'lof�cer corhbVeting this ceifi Lal# y Y 1,I,',I„( ,ml which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company,Texas Bonding Company, United States Surety Company and U.S. Specialty _ _ srirance Compapy wbo n€pyed o a C in the basis of satysfact eviter o be the person whose=name s sutscribed to the within - -Ms ment and a4 lal e that he execurgrldfieMatI Me authorized capaciM and3 aftliiss ignature oti_tlr ument the persQ�,o!tha n t r WI-behalf of whi Ne p-Ars e cuted the in rmer 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 offs •' I seal. ,Ij(, , f• M. INIll!lu�ry is-Cat i. plil l'I''' 11,11IIIIII III II Ild III: 1 b' onM23203G7 'ws- ,,d',111II IIIII, (ounty g" IIII :;IIII 11III11111,I III .!,IIII IIII l I 111 ,IIIII:, III IIIII II ,I' Iil!!r � �p�1�"'Tiill,,,llI II II dlll! 111V I I III 11 II III II•I IIII I IIIII IIIla111,IIIII II Ili III.0_,lilahl� YI,IPT�9,Mi„ kriJ+20307.2 „1 tt II , I I I II I IIIII I I II �IIJIIII Vu ll.II!1111 Ill IIII III �� _ -L ,1 Ili I�u, 'I 1II� III I,'1l'III (II III '111l� IIIII IIVIIIIIIi 111III!s nature "1'IaInbl' IIIl lVm (52a' _ _:_,,111II: IIIIII''!11IIIIII'II, IIIII IIII IlI:i;I: 1,llllll '1 „, III 1 I, 1I 11V 11 1:' 1111�II1111�VIIIIIII III I I11II�Illllllllll�lll�lu I,IIIIIIolllll�llIIII II��;i III:�IIIII� 1111I�II�I�I�I �,1 III'II��� III III II II��III I I IQ1 11 (IIIIII,.-IIIII I�alll' II NOV1„VII�Iu,lI IIIIIIIIIIIIIIII. I,VI. I '4 III:IIIuI IIIIII ntII11111• I �II' P y aing p I, Kio Lo, Assistant Secre�ary o American Contractor • In mnity G�om an , Texas Bon dln an nited States S ne,.' Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect; furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. _ Mtn ss Whe€dof tfav u g€t my han tf sear f said Cor__a e -o- eT , Californiehe l IL rI nIII Secretar y II II IriI Im ., ZuOJ� �,1anpwm�,4 ooSURq y \Sw a - Corporate Seals ' p --- E gy1 n0.g Bond No. (f f l'eit;1 1,40( t- I !; ? aPc " E ,4 ` ('l 1p, � t r1si " I ti ! I. . I,l lge nc No. 18200„,,,u,: Iol 111 Ai I!I I If2u,Fo.,ri'' 'II41�'flbg1,1 I I "r-i.I'17,1197:::.....8.-/IY il ,oII4<j10III+II,� ! SII , V ( I I�1�III IIII LI I;IvIl, ,III,Il : lIIl xu mwnuu I I: n I .pp 1 aPR1,I I I IIII' r 1 I I I "I IIIl LlII I! II 1�II !u�II IL \\4 IIIII luIlIdlIp II I I I �' aIIII,IiI AIllI I II' I , JI, V IIj 1I I, II1I i1114l ull1„" Il" III 'll11�� IrII l IIIIIpddI I,I I�uVlll1 11:1III ll 1' l IIII (III, I, IIIII0,ii !I I1'II 'IIItlII I11 :I HCCSMANPO 'IaI21 '�!Id1'11II:I11 II ,I II visit tmhcc.com/surety for more information i � j i Ii x N j HØft=P; t D g N m D D 0 2 U pnc°imJzo o:'�7C I a cN 0 o c '"•o a'°V m.p 0 N m j 'm .�m ° a K J. � x m 'J'mo" m�2 1 ° � fD i I ocg °m'‘,,Fs i 1 m o S y m o@ '.J 3 1 N O 71 y m 1 O co J QJc J i .wJ o -O 1 J K 1 ,'O> O O'F I i x 1 1 1 I— 1 N x I 1 y x 1 A m D fpmDDC)2 p .�J'.p m » p c j D g q1 m D D n 2 ° a p c N _ .o a T i j O o cci m » p O. - I ma c n p 0 �0 1 T° � � n�� � '�0 j m' mv01g m0 1 i m'$, mom'gJ -Iv i I ° m-0� *F m 411 ° .mp` m i �"m ° n»z-» : � 1 I ma°*glw=» mx 1 ocfpO.m ° f 11111 1 I 1 i 1 1 o, \, N�To`® City of Huntington Beach o� �� • 7, 2000 Main Street ♦ Huntington Beach, CA 92648 C x (714) 536-5227 • www.huntingtonbeachca.gov �' Q1 ®o�c' B , ,,,g =�oc � Office of the City Clerk CoUNT` "c P 00 Robin Estanislau, City Clerk March 28, 2023 MBC Enterprises, Inc. Attn: Rudy Sultan 16601 Gothard Street, Suite G Huntington Beach, CA 92647 Re: Glen Mar Frontage Improvements—CC No. 1688 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. S.ixf rely, Q (*4011, 4744,4e44444) Robin Estanislau, CMC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister City: Anjo, Japan #��sTiNGjo' 2000 Main Street, o „Poa 2 L Huntington Beach, CA •° ,s/�«6F, • City of Huntington Beach APPODv� 7_0 toe File #: 23-048 MEETING DATE: 2/7/2023 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: Brian Polivka, Contract Administrator Subject: Accept bid and authorize execution of a construction contract with MBC Enterprises, Inc. in the amount $482,897.59 for the Glen Mar Frontage Road Improvements Project, CC-1688 Statement of Issue: On December 22, 2022, bids were received for the Glen Mar Frontage Road Improvements Project, CC-1688. Following a review of the bids, it is requested that the City Council award a construction contract to MBC Enterprises, Inc., the lowest responsive and responsible bidder. Financial Impact: Total construction cost for the project, including the base bid and additive alternative Schedule D, contingency and supplemental expenses is $500,000, an amount that has been approved within the FY 2021/22 Capital Improvement Program from the Infrastructure Fund, Account Number 31440005.82300. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by MBC Enterprises, Inc. in the amount of $438,997.81; and, B) Authorize the Mayor and City Clerk to execute a construction contract in the form approved by the City Attorney. Alternative Action(s): Reject staff recommendation and direct staff to: A) Reject all bids and rebid the project, or B) Revise the proposed contract award to MBC Enterprises, Inc. to reduce the project scope to only the base project scope Schedule A and not include the Additive Alternative Schedule D. This would reduce total project cost to a total of $427,852.30 City of Huntington Beach Page 1 of 3 Printed on 2/1/2023 powere33}'Leg lstarTM File #: 23-048 MEETING DATE: 2/7/2023 C) Revise the proposed contract award to MBC Enterprises, Inc. to increase the project scope to include the base project scope Schedule A and all of the Additive Alternative scope options, Schedule B, C and D. $1,070,789.68 of additional funding is necessary for this option that represents complete project scope for a total contract cost of$1,570,789.68. Analysis: The Glen Mar tract is bounded by Yorktown Avenue, Newland Street, Adams Avenue and Magnolia Street. The tract is surrounded by frontage roads that parallel the arterial streets. Between the arterial streets and the frontage road lies frontage medians. Those medians have not had significant investment since the tract was built in the early 1970's. Glen Mar tract residents have raised concerns regarding the condition of the existing Glen Mar tract frontage road landscape and fence structure. To address these concerns, the City funded $50,000 within the FY 20/21 budget for initial improvements that occurred at a few of the entrance locations to the tract. In FY 21/22 the City Council approved $500,000 within the Capital Improvement Program to complete a larger portion of the median renovation. These renovations include repair to support pilasters, fence replacement, asphalt removal, tree replacement and landscaping. With construction costs increasing rapidly, the project has been designed and bid with a base phase and several optional sections (additive alternatives). These sections were divided based on priorities expressed from the neighborhood. The base phase is labeled as Schedule A and was identified as the highest priority by the community. The remaining work, Additive Alternatives B, C and D are to be considered for inclusion in the project per bids received and budget allowance. Bids were opened on December 22, 2022 and are listed in ascending order below. Basis of Award for the project is the total price for all scope including the base bid Schedule A and Additive Alternatives Schedule B, C and D. Bidder Submitted Bid 1 MBC Enterprises, Inc. $ 1,308,991.40 2 KASA Construction, Inc. $ 1,510,752.50 3 Rolcom Corporation $ 1,876,410.00 4 Legion Contractors $ 2,165,369.50 The lowest responsive and responsible bidder, MBC Enterprises, Inc., bid the project as outlined below: Base Bid "Schedule A" $356,543.58 Additive Alternative "Schedule B" $511,137.42 Additive Alternative "Schedule C" $358,856.17 Additive Alternative "Schedule D" $ 82,454.23 City of Huntington Beach Page 2 of 3 Printed on 2/1/2023 powere344 LegistarT"^ File #: 23-048 MEETING DATE: 2/7/2023 To stay within budget, the total cost of the proposed project including base bid "Schedule A" and Additive Alternative Schedule D is $500,000 as outlined below: Base Bid "Schedule A" $356,543.58 Additive Alternative "Schedule D" $ 82,454.23 10% Construction Contingency $ 43,899.78 Construction Administration $ 17,102.41 Total $500,000.00 This phase of work represents Phase II. Additional funding for future phases will be considered for City Council approval within the FY 23/24 Budget. CIAB/Public Works Commission Action: The CIAB/Public Works Commission recommended this project on January 18, 2023, by a vote of 7- 0. Environmental Status: The project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Vicinity Map 2. PowerPoint Presentation City of Huntington Beach Page 3 of 3 Printed on 2/1/2023 powere3461/LegistarT" I . S S701- OAF` �Pc~n BOLSA AVE. CO N < Mc FADDEN N AVE. U v) EDINGER z ct v~i N AVE. J Z 0 F-� o \ p p HEIL Q § o AVE. m �� r o v) J N w PROJECT w Q m WARNER o o AVE. LOCATIONS y / Q _ _ SLATER ~o AVE. Q m A TALBERT _ AVE. 405 90 PACIFIC \ELLIS AVE. �� > GARFIELD J AVE. r_/ w i (f) CC I-- 00 ��,� YORKTOWN AVE. SST �e �� ADAMS AVE. r CI� �� ct v) 'L�,� \ INDIANAPOLIS AVE. 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' ':::-.:17.1:•: :4:T=.-fit'''', ,,,,-,.., ,,"' -.',.. , I 1 ...--,)-.. .,itt,„'-,:..,, ,.:,..,,-,4,., •_ :, . 4 4, 1:1 r ' ti. : "sik#1\ fy F ..,� & �` a,,;' r maw. .t.k m a � � ; _ � , n e r a i i . ,t ,,,„ (k i� a i � 1 s i"{ � ��� fir' *:..- � i�;� a� r��� F s4 m - � Ott• GtiS{ r � i { iy i �SS kk ' t � ,. � tit ■ CI) 0 Cl)• /2/oi/ oz2 L 'f g/,Z.o22 J2/i5j?o22 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of GLEN MAR FRONTAGE ROAD IMPROVEMENTS PROJECT CC No. 1688 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 2 PM on THURSDAY, DECEMBER 22,2022, 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?CompanylD=15 340 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. E-1 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: GLEN MAR FRONTAGE ROAD IMPROVEMENTS PROJECT CC #: 1688 Bid Opening Date: DECEMBER 22, 2022 at 2 PM. 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, either self performed or subcontracted with a Class C-13 Fencing and C-28 Masonry 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: The WORK of this Contract will consist primarily of frontage road beautification at the Glen Mar tract including removal,repair and/or replacement of the tract frontage fence,street tree removal and replacement, landscaping and irrigation. Project scope area includes frontage road medians along Magnolia Street(south of Yorktown Ave.and north of Adams Ave.),Bushard Street(south of Yorktown Ave.and north of Adams Ave.)and Adams Ave.(east of Magnolia Street and west of Bushard Street). The contract shall allow the Contractor 60 working days to complete Schedule A contract work. If additive alternative work is awarded,the City will consider additional days,not to exceed 30 additional working days,included in the contract. The engineer's estimate of probable construction cost for the work included in the basis of award is $800,000. A non-mandatory pre-bid meeting will be held to inspect the site and discuss the work to be done and the Contractor's responsibilities. The City's representatives will be available to address questions. The meeting will be held at 19711 Bushard Street in Huntington Beach, CA 92648 on WEDNESDAY, DECEMBER 14, 2022 at 2 PM. 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. E-2 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: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH E-3 Switzer, Donna From: Christine Gonzalez <cgonzales@scng.com> Sent: Thursday, December 1, 2022 2:42 PM To: Switzer, Donna Cc: Polivka, Brian;Tanio, Chris; Moore, Tania Subject: Re: Request for Publication - NIEB CC No. 1688 - Glen Mar - Group Account# 5190751 Attachments: 11574812.pdf Cost $1,710.00, pub 12/8, 12/15 HB Wave 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 Thu, Dec 1, 2022 at 2:08 PM Switzer, Donna<Donna.Switzer@surfcity-hb.org> wrote: Hi Chrissy, Please publish the attached NIEB for CC-1688, in The Wave, on December 8th & 15th , 2022. Thank you. Sincerely, Dovvta,Stu r, CMC i 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 GLEN MAR FRONTAGE ROAD IMPROVEMENTS PROJECT CC No.1688 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 2 PM on THURSDAY, DECEMBER 22, 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 proiect via the City's PlanetBids System Vendor Portal website at: https://www.planetbids.com/portal/portal.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/aortal/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,cashier's 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: GLEN MAR FRONTAGE ROAD IMPROVEMENTS PROJECT CC#: 1688 Bid Opening Date: DECEMBER 22,2022 at 2 PM. 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, either self performed or subcontracted with a Class C-13 Fencing and C-28 Masonry at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY.All extension of unit prices will be subiect to verification by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Project Description: The WORK of this Contract will consist primarily of frontage road beautification at the Glen Mar tract including removal, repair and/or replacement of the tract frontage fence,street tree removal and replacement,landscaping and irrigation. Proiect scope area includes frontage road medians along Magnolia Street (south of Yorktown Ave. and north of Adams Ave.), Bushard Street (south of Yorktown Ave. and north of Adams Ave.) and Adams Ave. (east of Magnolia Street and west of Bushard Street). The contract shall allow the Contractor 60 working days to complete Schedule A contract work. If additive alternative work is awarded,the City will consider additional days,not to exceed 30 additional working days,included in the contract. The engineer's estimate of probable construction cost for the work included in the basis of award is$800,000. A non-mandatory pre-bid meeting will be held to inspect the site and discuss the work to be done and the Contractor's responsibilities. The City's representatives will be available to address questions. The meeting will be held at 19711 Bushard Street in Huntington Beach, CA 92648 on WEDNESDAY,DECEMBER 14,2022at2 PM. 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 Zth day of June 2022,by Resolution No.2022-28. Attest: Is!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. 0011574812 HUNTINGTON BEACH, CA 92648-2763 ILE NO. NIEB - CC1688 GLEN MAR - Section 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. 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: 12/08/2022, 12/15/2022 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: December 22, 2022. CtmcD Signature NOTICE INVITINGSECTION ELECTA RONIC BIDS for the construction of GLEN MAR FRONTAGE ROAD IMPROVEMENTS PROJECT CC No.1688 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTiNGTON BEACH as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 2 PM on THURSDAY, DECEMBER 22, 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 Veendor Portal web It at; hops//vvww•plane ldscornlpartal(portat cfm?Cemparryt0=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and sgpecifications may be downloaded m ofree at; httpsefiwww.plane tbds.cortai/portal.cfm?CompanyID=15340. Bidders must first register as a vendor on the City of Huntington Beach Plorteteids 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 waves for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of lndusirial Relations of the State of California, which are available online at www.dir.ca.govfDLSR and also on file at the Office of the Director of Public Works,2000 Main Street,Huntington Beach,CA 92648. The AGENCY wilt deduct 5%retention from ail 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 electronicsubmittal 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 seated 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 Nome;GLEN MAR FRONTAGE ROAD IMPROVEMENTS PROJECT CC*:1688 Bid Opening Date:DECEMBER 22,2022 at 2 PM. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Cade and shall possess a State Contractor's License Class A, either self performed or subcontracted with a Class C-13 Fencing and C-28 Masonry 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 wilt be sublect to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Proiect Description: The WORK of this.Contract will consist primarily of frontage road beautification at the Glen Mar tract Including removal, repair and/or replacement of the tract frontage fence,street tree removal and replacement,landscaping and irrigation_ Prolect scope area Includes frontage road medians along Magnolia Street (south of Yorktown Ave. and north of Adorns Ave,), Bushard Street (south of Yorktown Ave, and north of Adams Ave.) and Adams Ave. (east of,Magnolia Street and west of Bushard Street), The contract shall allow the Contractor 60 working days to complete Schedule A contract work. If additive alternative work Is awarded,the City will consider additional days,not to exceed/0 additional working days,included in the contract. The engineer's estimate of probable construction cost for the work included in the basis of award is$000.000. A non-mandatory pre-bid meeting will be held to inspect the site and discuss the work to be done and the Contractor's responsibilities.'The City's representatives will be available to address questions. The meeting will be held at 19711 Bushard Street in Huntington Beach, CA9264Eon WEDNESDAY,DECEMBER 14,2022 at2PM. Ali 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 r _dnG 2 r iuwrcresou yaicIrr. 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. 8Y'ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH,CALIFORNIA the 7f1t.day of June 24.UU.,by Resolution No, 2Q22-21._ Attest: lit Ra#tarfEstoniSlaa_ CITY CLERK OF'THE CITY OF HUNTINGTON BEACH r.LP 12'..3i16 3 UNSUCCESSFUL BIDS CC No. 1688 Glen Mar Frontage Road Improvements ,,� \\ ....N Top; City of Huntington Beach • O� ..� f HPOR41f` 6j l :‹ � 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov �`��'c•• 6 1) 1909*`''�o �I, Office of the City Clerk CO�NTY ��i;//� Robin Estanislau, City Clerk � March 28, 2023 Kasa Construction 15148 Sierra Bonita Lane Chino, CA 91710 RE: Glen Mar Frontage Road Improvements—CC No. 1688 Enclosed please find your original bid bond for CC-1688. Sincerely, 94uuJ4u) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan SECTION C PROPOSAL for the construction of GLEN MAR FRONTAGE ROAD IMPROVEMENTS PROJECT at the Glen Mar development frontage road medians at MAGNOLIA STREET, BUSHARD STREET AND ADAMS AVENUE CC No. 1688 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days for all bid schedules, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days aftet 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. 10%of Accompanying this proposal of bid,find Bidders Bond in the amount of base 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 Si, atur None C-2 SECTION C PROJECT BID SCHEDULE Glen Mar Frontage Road Improvements — C.0 No 1688 PROJECT BASE BID: Description Total Cost TOTAL BID AMOUNT - SCHEDULE A $ 414,873.00 TOTAL BID AMOUNT - SCHEDULE B $ 551,785.50 - Additive Alternative Bid Item No. 1 TOTAL BID AMOUNT - SCHEDULE C $ 431,270.00 - Additive Alternative Bid Item No. 2 TOTAL BID AMOUNT - SCHEDULE D $ 112,824.00 - Additive Alternative Bid Item No. 3 BASE BID (TOTAL LUMP SUM BID) - Total for Schedule A, B, C and D $ 1,510,752.50 BASIS OF AWARD Note: Refer to Section 7, Measurement and Payment. 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Greenbook does not apply for the deletion of bid schedules B through D prior to award. C-3 PROJECT BID SCHEDULE A Glen Mar Frontage Road Improvements— C.0 No 1688 BID ITEMS Item Plan Description Qty _ . Unit Unit Cost Total Cost No. >' Note (Extension) 1 Mobilization 1 LS $ 89,000 $ 89,000 2 - Traffic Control I LS $ 15,000 $ 15,000 Preparation of Project Specific Storm 3 - Water Pollution Prevention Plan (SWPPP) 1 LS $ 3,500 $ 3,500 and Water Pollution Control Program (WPCP) 4 - Installation and Maintenance of BMP's per l LS $ 1,500 $ 1,500 the approved SWPPP and WPCP 5 2 Tree Removal with Stump,Root and 4 EA $ 800 $ 3,200 Backfill 6 3 Furnish and Install 24"Box Tree 7 EA $500 $ 3,500 7 25 Trim Existing Vegetation 1 LS $2,000 $ 2,000 8 4 Construct Mow Strip 1 LS $ 4,000 $ 4,000 9 5 Remove and Construct New Pilaster 13 EA $ 3,800 $ 49,400 10 6 Renovate Existing Pilaster 24 EA $ 2,000 $ 2,000 11 9 Demo and Remove Existing Pony Wall 13 EA $ 550 $ 7,150 12 7 Not applicable 13 8 Complete Renovation to Existing Pilaster 2 EA $2,000 $ 4,000 Previously Renovated 14 10 Remove Existing Fencing and Construct 624 LF $ 110 $ 68,640 New Fencing Structure Demo and Permanently Remove Existing 15 11 Pilaster, Footing and Fence.Backfill as 1 LS $ 15,000 $ 15,000 Necessary C-4 16 12 Demo and Remove Existing Asphalt 6,886 SF $ 5 $ 34,430 Pavement 17 13 Provide and Install ES-2 Mulch 5,553 SF $ 1 $ 5,553 18 14 Not Applicable 19 15 Construct Concrete Sidewalk 1,330 SF $ 20 $ 26,600 20 16 Monument Entrance Sign 1 LS $ 28,000 $ 28,000 Renovation/Completion 21 23 Not Applicable 22 24 Not Applicable 23 17,19 Not Applicable 24 18 Not Applicable 25 20 Not Applicable 26 21,22 Not Applicable 27 - 90 Day Maintenance 1 LS $ 3,500 $ 3,500 28 - Pothole for Utilities Not Shown on Plans 5 EA $ 500 $ 2,500 29 - As-Built Plans 1 LS $ 400 $ 400 TOTAL BID AMOUNT - SCHEDULE A $ 414,873.00 TOTAL BID AMOUNT IN WORDS: Four Hundred Fourteen Thousand Eight Hundred Seventy-Three Dollars Note: Refer to Section 7, Measurement and Payment. 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Grcenbook does not apply for the deletion of bid schedules B through D prior to award. C-5 PROJECT BID SCHEDULE B Glen Mar Frontage Road Improvements— C.0 No 1688 ADDITIVE ALTERNATIVE BID ITEMS NO. 1 Item Plan Description Qty Unit Unit Cost Total Cost No. Note (Extension) 1 - Mobilization 1 LS $ 60,000 $ 60,000 2 - Traffic Control 1 LS $ 6,000 $ 6,000 Preparation of Project Specific Storm 3 - Water Pollution Prevention Plan(SWPPP) 1 LS $ 2,000 $ 2,000 and Water Pollution Control Program (WPCP) 4 - Installation and Maintenance of BMP's per l LS $ 2,500 $ 2,500 the approved SWPPP and WPCP 5 2 Tree Removal with Stump,Root and 7 EA $ 800 $ 5,600 Backfill 6 3 Furnish and Install 24" Box Tree 14 LS $ 500 $ 7,000 7 25 Not Applicable 8 4 Construct Mow Strip 1 LS $ 2,400 $ 2,400 9 5 Remove and Construct New Pilaster 11 EA $ 3,800 $ 41,800 10 6 Renovate Existing Pilaster 54 EA $ 2,000 $ 108,000 11 9 Demo and Remove Existing Pony Wall 25 EA $ 550 $ 13,750 12 7 Construct New Pilaster(not previously 1 EA $ 3,500 $ 3,500 existing) 13 8 Not Applicable 14 10 Remove Existing Fencing and Construct 1,020 LF $ 110 $ 112,200 New Fencing Structure Demo and Permanently Remove Existing 15 11 Pilaster, Footing and Fence.Backfill as 1 LS $ 15,000 $ 15,000 Necessary C-6 16 12 Demo and Remove Existing Asphalt 13,590 SF $ 5 $ 67,950 Pavement 17 13 Provide and Install ES-2 Mulch 10,128 SF $ 1 $ 10,128 18 14 Provide and Install Kurapia Sod Ground 3,465 SF $ 5.50 $ 19,057.50 Cover 19 15 Not Applicable 20 16 Not Applicable 21 23 Demo and Remove Existing Backflow& 1 LS $ 6,000 $ 6,000 Reconnect Line to Tie In Demo and Remove Existing Irrigation 22 24 Controller Cabinet and Construct New 1 LS $ 28,000 $ 28,000 Footing with New CS3000 Controller Cabinet 23 17,19 Irrigation Supply Line with Tee 1 LS $ 6,000 $ 6,000 Connection and Tie Ins 24 18 Install New Master Valve, Backflow 1 LS $ 8,500 $ 8,500 Device & Flow Sensor 25 20 Install New Irrigation Lateral Lines, 1 LS $ 15,000 $ 15,000 Control Valves & Sprinkler Heads 26 21,22 Electrical Control Wiring and 1 LS $ 5,000 $ 5,000 Appurtenances for Frontage and Median 27 - 90 Day Maintenance 1 LS $ 3,500 $ 3,500 28 - Pothole for Utilities Not Shown on Plans 5 EA $ 500 $ 2,500 29 - As-Built Plans 1 LS $ 400 $ 400 TOTAL BID AMOUNT- SCHEDULE B (ADDITIVE $ 551,785.50 ALTERNATIVE BID ITEM NO. 1) TOTAL BID AMOUNT IN WORDS: Five Hundred Fifty-One Thousand Seven Hundred Eighty-Five Dollars and Fifty Cents Note: Refer to Section 7, Measurement and Payment. C-7 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Greenbook does not apply for the deletion of bid schedules B through D prior to award. C-8 PROJECT BID SCHEDULE C Glen Mar Frontage Road Improvements — C.0 No 1688 ADDITIVE ALTERNATIVE BID ITEMS NO. 2 Item Plan Description Qty Unit Unit Cost Total Cost No. Note (Extension) 1 - Mobilization 1 LS $60,000 $ 60,000 2 - Traffic Control 1 LS $ 6,500 $ 6,500 Preparation of Project Specific Storm 3 - Water Pollution Prevention Plan (SWPPP) 1 LS $ 2,000 $ 2,000 and Water Pollution Control Program (WPCP) 4 Installation and Maintenance of BMP's l LS $ 2,000 $ 2,000 per the approved SWPPP and WPCP 5 2 Tree Removal with Stump, Root and 1 EA $ 800 $ 800 Backfill 6 3 Furnish and Install 24" Box Tree 14 EA $ 500 $ 7,000 7 25 Not Applicable 8 4 Not Applicable 9 5 Remove and Construct New Pilaster 6 EA $ 3,800 $ 22,800 10 6 Renovate Existing Pilaster 61 EA $ 2,000 $ 122,000 11 9 Demo and Remove Existing Pony Wall 28 EA $ 550 $ 15,400 12 Construct New Pilaster (not previously 1 EA $ 3,500 $ 3,500 existing) 13 8 Not Applicable 14 10 Remove Existing Fencing and Construct 1,098 LF $ 110 $ 120,780 Ncw Fencing Structure 15 11 Not Applicable C-9 16 12 Demo and Remove Existing Asphalt 10,515 SF $ 5 $ 52,575 Pavement 17 13 Provide and Install ES-2 Mulch 10,515 SF $ 1 $ 10,515 18 14 Not Applicable 19 15 Not Applicable 20 16 Not Applicable 21 23 Not Applicable 22 24 Not Applicable 23 17,19 Not Applicable 24 18 Not Applicable 25 20 Not Applicable 26 21,22 Not Applicable 27 - 90 Day Maintenance 1 LS $ 2,500 $ 2,500 28 - Pothole for Utilities Not Shown on Plans 5 EA $ 500 $ 2,500 29 - As-Built Plans 1 LS $ 400 $ 400 TOTAL BID AMOUNT - SCHEDULE C (ADDITIVE $ 431,270.00 ALTERNATIVE BID ITEM NO. 2) TOTAL BID AMOUNT IN WORDS: Four Hundred Thirty-One Thousand Two Hundred Seventy Dollars Note: Refer to Section 7,Measurement and Payment. 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Greenbook does not apply for the deletion of bid schedules B through D prior to award. c-io PROJECT BID SCHEDULE D Glen Mar Frontage Road Improvements— C.0 No 1688 ADDITIVE ALTERNATIVE BID ITEMS NO. 3 Item Plan Description Qty Unit Unit Cost Total Cost No. Note (Extension) 1 - Mobilization 1 LS $ 45,000 $ 45,000 2 - Traffic Control 1 LS $ 6,000 $ 6,000 Preparation of Project Specific Storm 3 - Water Pollution Prevention Plan(SWPPP) 1 LS $ 2,000 $ 2,000 and Water Pollution Control Program (WPCP) 4 - Installation and Maintenance of BMP's 1 LS $ 2,500 $ 2,500 per the approved SWPPP and WPCP 5 2 Tree Removal with Stump, Root and 1 EA $ 800 $ 800 Backfill 6 3 Furnish and Install 24"Box.Tree 1 EA $ 500 $ 500 7 25 Not Applicable 8 4 Not Applicable 9 5 Not Applicable 10 6 Renovate Existing Pilaster 11 EA $ 2,000 $ 22,000 11 9 Demo and Remove Existing Pony Wall 3 EA $ 550 $ 1,650 12 7 Not Applicable 13 8 Not Applicable Remove ExistingFencingand Construct 14 10 New Fencing Structure 143 LF $ 110 $ 15,730 15 11 Not Applicable c-11 16 12 Demo and Remove Existing Asphalt 1,874 SF $ 5 $ 9,370 Pavement 17 13 Provide and Install ES-2 Mulch 1,874 SF $ 1 $ 1,874 18 14 Not Applicable 19 15 Not Applicable 20 16 Not Applicable 21 23 Not Applicable 22 24 Not Applicable 23 17,19 Not Applicable 24 18 Not Applicable 25 20 Not Applicable 26 21,22 Not Applicable 27 - 90 Day Maintenance 1 LS $ 2,500 $ 2,500 28 - Pothole for Utilities Not Shown on Plans 5 EA $ 500 $ 2,500 29 - As-Built Plans 1 LS $ 400 $ 400 TOTAL BID AMOUNT- SCHEDULE D (ADDITIVE $ 112,824.00 ALTERNATIVE BID ITEM NO. 3) TOTAL BID AMOUNT IN WORDS: One Hundred Twelve Thousand Eight Hundred Twenty-Four Dollars Note: Refer to Section 7, Measurement and Payment. 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Greenbook does not apply for the deletion of bid schedules B through D prior to award. C-12 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 Gass DIR PWC Dollar % of Item(s) Subcontractor License Registration# Amount Contract Number Martinez Concrete Inc. A, Concrete 920 W. Foothill Blvd. 394471 C-8 1000006160 $20,317.50 1.3% Azusa, CA 91702 No Limit Fence Company Fencing 5552 Tangiers Drive 1043317 C-13 1000062759 $280,010 18.5% Huntington Beach, CA 92647 Tree B&J Tree Service C61/ Removal 17602 17th Street, Suite 102-157 540001 D49, 1000012396 $6,500 0.4% Tustin, CA 92780 C27 Ondatje Contracting Inc. C-9, Stucco 393 W. La Cadena Drive, Suite 6 1026836 C35, 1000616745 $30,400 2% Riverside, CA 92501 C33, B 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-13 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 on12.23.2022, at Chino , CA Date city State Diana Kashar , being first duly sworn, deposes and says that he or she is President of KASA Construction 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. KASA Construction Inc. Name of Bidder k1_ -Diana Kasbar Si ature of Bid r 15148 Sierra Bonita Lane, Chino, Ca 91710 Address of Bidder C-14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ..x cx-4-4,ry,c,"42_ 191':t^rcolt.eat`,C:Pt~,,ev,,i-e-e;lc,,exl'-e,,-(u- hire°.t ,,c,,e e=e=c�txN d,",e-i-e-,,exy, `.e^iorr-4w,,,,,-"rv^,n^x A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of San Bernardino ) On 1 2/29/9099 before me, Hector Zavala, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Diana Kasbar 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. rd6m41.°16"4"14"bmal WITNESS my h a official seal. MEC6 2gYAui Notary Public California San Bernardino County 4rra'� 1 . . Commission 4 2382862 Signature '" My Comm.Expires Nov 12,20,25 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signers) Signer's Name: Signer's Name: Li Corporate Officer — Title(s): 0 Corporate Officer — Title(s): L 7 Partner — C Limited L General 0 Partner — Ll Limited 0 General Individual Li Attorney in Fact 0 Individual ❑Attorney in Fact Ei Trustee El Guardian or Conservator Ll Trustee Ll Guardian or Conservator Ll Other: L Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the GLEN MAR FRONTAGE ROAD IMPROVEMENTS PROJECT , (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. KASA Construction Inc. Contr or -Di na Kasbar President Title Date: 12.22.2022 C-1 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 ® 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-16 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. KASA Construction Inc. Contractor Diana Kasbar iy President Title Date: 12.22.2022 C-17 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: KASA Construction Inc. Bidder Name 15148 Sierra Bonita Lane Business Address Chino CA 91710 City, State Zip ( 909 )457.8260 hectorz@kasaconstruction.com Telephone Number Email Address 927544 A, B, C-10, &C-27 State Contractor's License No. and Class 01.15.2009 Original Date Issued 01.31.2023 Expiration Date The work site was inspected by Hector Zavala of our office on December 07 ,2022 . The following are persons,firms, and corporations having a principal interest in this proposal: Diana Kasbar, President//Treasurer Sam Kasbar,Vice President//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. KASA Construction Inc. C pan Name Si ature of Bidder Diana Kasbar, President Printed or Typed Signature C-18 NOTARY CERTIFICATE Subscribed and sworn to before me this trday of bL at ,202v. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of County of ` ta + + ) On %Z M 2.p�.Z,.. before me, t, 2w&L r t1 ?Jb\t� Mon ,Day and Year Insert Name and Titl€of Notary personally appeared . 'ii.'— t-N v! f 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. w.�w WITNESS my hand and official seal. „:„ F F MEcroa zAvau� Notary Pubik•California I = San Bernardino County $ Commission#2382862 ` My Comm.Expires Nov 12,2025 Signature Mgr ature of Notary Public (PLACE NOTARY SEAL ABOVE) C-1 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. Lennar Homes of California, 980 Montecito Drive Corona, CA 92879 Name and Address of Public Agency Name and Telephone No. of Project Manager: Carey Adams 951-903-8732 $1,094,902.59 New Park Construction 02.10.2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Clearing &Grubbing, Erosion Control, Landscape, Irrigation, Electrical, Concrete, Monument Sign, Shade Structure, Site Furnishings, Etc... 2. City of Garden Grove, 11222 Acacia Parkway, Garden Grove, CA 92840 Name and Address of Public Agency Name and Telephone No. of Project Manager: Carina Dan 714-741-5346 $634,835.00 Park Improvements 08.25.2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Clearing & Grubbing, SWPPP, Traffic Control, Topsoil, Grass Seeding, Planting, Etc... 3. City of Adelanto, 11600 Air Expressway, Adelanto, CA 92301 Name and Address of Public Agency Name and Telephone No. of Project Manager: Saba Engineer 818-522-7966 $612,700.00 Football Field Renovation 08.24.2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Clear& Grub, Irrigation, Utilities, Landscaping, Planting, Soil Prep, Goal Post, Renovate Scoreboard, Pre-Fab Restroom, Etc... C-20 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. Sam Kasbar Name of proposed Project Manager Telephone No. of proposed Project Manager: 909-457-8260 West Haven Park Renovation -$634,835 - Park Renovation 08.25.2022 Project Name & Contract Amount Type of Work Date Completed Marconi Park Football Field -$612,700 - Football Field Renovation 08.24.2022 Project Name & Contract Amount Type of Work Date Completed River Road Median Landscape- $439,889.80 - Median Landscape Improvements 06.23.2022 Project Name & Contract Amount Type of Work Date Completed 2. Michael Brooks Name of proposed Superintendent Telephone No. of proposed Superintendent: 949-375-1839 West Haven Park Renovation - $634,835 - Park Renovation 08.25.2022 Project Name & Contract Amount Type of Work Date Completed Marconi Park Football Field - $612,700- Football Field Renovation 08.24.2022 Project Name & Contract Amount Type of Work Date Completed River Road Median Landscape- $439,889.80 - Median Landscape Improvements 06.23.2022 Project Name & Contract Amount Type of Work Date Completed C-21 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/PW CR/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. KASA Construction Inc. Contractor -Diana Kasbar samk@kasaconstruction.com Email President Title Date: 12.22.2022 PWC Registration#: 1000006013 C-22 �-y CONTRACTORS i.�..Ica STATE LICENSE BOARD , ti.. .. .w ACTIVE LICENSE , �.a • 927544 ,..coRR . .,M. KASA CONSTRUCTION INC ASC27C10 c, �. :� 01t3112423 www cslb.ea.goy "!4*°'' 017' Home to 3.; ' t. CONTRACTORS STATE LICENSE BOARD ()Contractor's License Detail fo DISCLAIMER:A license status check provides information taken from the CSLB license database.Before relying on this information,you should be aware of the following limitations. • estecomplaint dtscloscreis restricted by law tear*7124.0 If this*May is sutzxct.to public complaint disduyvre click on,ink tha@svIII appear bekue fur more tntormatinn.Click Axe ler.a detrcitron or ai etcsabte aniom. r onlyronstrucdonntacnoxPell Judgment*mottled tocsl:ttan diiscloaeeOAPla"1.17r. e Art ahanc are not lire?unless the rretvactur rails to comply with the terms. I. Due to woe MOM.there may be teterant information that has not yet been entered into the boairEs license database. Data current as of 12/17/2022 3:13:39 PM L t Ir 4r<ma i.C.. KASA CONSTRUCTION INC 15148 SIERRA BONITA.LANE CHINO,CA 91710' Business Phone Number:(309)457.8260 Entity Corporation Issue Date 01/1S/2005 Expire Date OS/31/2023 This license is current and active. Att information below should be reviewed. A.GENERAL ENGINEERING o R-GENERAL BUILDING e C27-LANDSCAPING ✓ CID ELECTRICAL , at . £Eli w; Contractor's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY, Bond Number:100060319 Bond Amount:$15.000 Effective Date:01/01,/2016 Contractor's Bond History Bond of Qualifying Individual e The qualifying individual SANER GABRIEL KASBAR certified that hetshe owns 10 percent or more of the voting stock/membership interest of this company;therefore,the Bond of Qualifying Individual is not r quoted, Effective Date:05/12/2010 BQI's Bond Notary • the qualifying individual DIANA KASSAR certified that he/she nwna 10 percent or more of the voting stock/membership interest of this company:therefore,the Bond"oiQualifying individual is not required. Effective bate:05/16/2018 iiili1r ,_.. Contractor Information Registration History Legal Entity Name Effective Date Expiration Date KASA CONSTRUCTION INC. Legal Entity Type 6/11/2018 6/30/2019 Corporation Status 9 )_ 5/8/2017 6/30/2018 Active Registration Number 6/8/2016 6/30/2017 /000006013 Registration effective date 6/4/2015 6/30/2016 7/1/2022 Registration expiration date 1/19/2015 6/30/2015 6/30/2025 Mailing Address 7/1/2019 6/30/2022 15148 SIERRA BONITA LANE CHINO 91710 CA... Physical Address 7/1/2022 6/30/2025 15148 SIERRA BONITA LANE CHINO 91710 CA...Email Address Trade Name/DBA License Number(s) CSLB:927544 Legal Entity Information Corporation Number: Federal Employment Identification Number: President Name: Diana Kasbar Vice President Name: Sam Kasbar Treasurer Name: Diana Kasbar Secretary Name: Sam Kasbar CEO Name: Agent of Service Name: Sam Kasbar Agent of Service Mailing Address: 15148 Sierra Bonita Ln Chino 91710 CA United States of America Workers Compensation Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email Insured by Carrier Policy Holder Name:KASA CONSTRUCTION INC.Insurance Carrier: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAPolicy Number:UB6K519125 Inception date:2/18/2022Expiration Date:2/18/2023 4 06, off „")„, 717 4 I I I I I I el KASA Construction Inc. 14000 City Center Drive Attn Sam Kasbar , Chino Hills, CA 91709 : 15148 Sierra Bonita Lane (909) 3M-2600 Chino, CA 91710 weaci•dzeratth. 464.6 Project: Los Serranos Neighborhood Park Owner: City of Chino Hills Subject: Letter of Recommendation Dear Mr. Kasbar, On behalf of the City of Chino Hills, I would like to thank you and your team at KASA Construction Inc., for your noteworthy efforts in completing the Los Serranos Neighborhood Park. The project consisted of a nearly 4 million dollar budget, including a 6-acre park with landscape grading, drainage, irrigation, landscaping, site furnishings, sports courts, restrooms, picnic shelters, lighting, playground and fitness equipment, hardscape, and other amenities. In September of 2018, KASA commenced their work and through the duration of the project, KASA maintained the highest level of safety and quality, paying close attention to the specifics of construction and completing the required work within the necessary time frames. If issues ever arose, solutions were always implemented immediately. KASA's incredible adaptability, diligence and close-out for the City's final acceptance and completion, allowed for a successful Grand Opening of the park on November 16, 2019. I have attached our Grand Opening flyer. KASA's admirable coordination with City Staff, while upholding the utmost respect, professionalism, integrity and diligence, resulted in a favorable project acceptance. In addition, I would like to also thank KASA's generous contributions of tools, material, and a tool shed which was donated to the adjacent Chaparral Elementary School for their after-school garden club. I'd like to extend my sincere appreciation to you and your devoted team on a job well done and congratulate you on an outstanding project. It was an honor to introduce the 44th park to the City of Chino Hills. I would not hesitate to recommend KASA Construction Inc., to any other owner or agency. Sincerely, 414404:;740704,1 Cynthia Moran Council Member CWitae.' Art Bennett • Brian Johsz a Ray Marquez a Cynthia Moran • Peter J. Rogers LANDSCAPE ARCHITECTS KASA Construction,Inc. 15148 Sierra Bonita Lane Chino,CA 91710 Project:Laguna Woods—Water Efficient Median Improvement Project Subject:Letter of Recommendation To Whom It May Concern, Van Dyke Landscape Architects would like to acknowledge KASA Construction Inc for their diligent performance in completing the City of Laguna Woods Water Efficient Median Improvement Project for which VDLA prepared construction documents.The scope of work consisted of the removal of landscaping and concrete,installation and modification of irrigation systems,and installation of landscaping within medians located on El Toro Road, and Moulton Parkway. KASA Construction executed this project with vigor and commitment,maintaining the highest level of professionalism,attention to detail and work ethic.The project field and management staff displayed excellent coordination with our firm and carried out our interests in a compliant and organized fashion. KASA Construction Inc went beyond the firm's expectations in order to assure that the project was delivered with exceptional standards. Our firm could not be more pleased with the final project result. It has been a pleasure working with KASA Construction Inc and we would not hesitate to recommend their outstanding services.We look forward to working with KASA in the future. Sincerely, Brett Allen,Associate Van Dyke Landscape Architects ASLA SD Chapter President Landscape Architect CA#6595 ballen@vdla.us Landscape Architecture 462 Stevens Avenue, Suite 107, Solana Beach.CA 92075-2042 Planning Tel:619,294.8484 • Fax:619.574.0626 • Web:wvvw.vdla.us Water Management Principals: Mitch Phillippe,ASLA, CA LLA#3781 • Vale Hooper,CID, CLIA Graphic Communications Associates Ling Chan,ASLA;CA LLA#5435,LEED AP • Denise Armijo,ASLA Brett Allen,ASLA,CA LLA#6595,CID, CLIA,RWSS 7c -ry or\ NORWALK October 13, 2022 KASA Construction, Inc. Attn: Sam Kasbar 15148 Sierra Bonita Lane Chino, CA 91710 Reference: Letter of Recommendation Project: Environmental Enhancement& Mitigation Project Dear Mr. Kasbar, On behalf of the City of Norwalk, I would like to thank you and your team at KASA Construction Inc.,for great work completed on the Environmental Enhancement& Mitigation Program project. This project encompassed the rehabilitation of seven sections of center medians, including installation of drip irrigation systems and drought tolerant plant materials along Firestone Boulevard, Imperial Highway, and Rosecrans Avenue. Due to the project being funded through a grant from the State of California Natural Resources Agency, the City was on a very limited timeline for completion and your team did an excellent job of completing all work prior to our deadline. City staff were impressed with the work of KASA, as well as appreciative of good communication throughout the duration of the project. All project expectations were met or exceeded and any issues that arose were quickly addressed. I appreciate your efforts and would not hesitate to recommend KASA Construction, Inc. to other agencies. The City of Norwalk looks forward to working with KASA again in the future. Sincerely, " *--e" .\"'-'17 t1s. t ce \ Christine Roberto Public Services Manager Public Services Department-12650 Imperial Hwy.,2nd Floor,Norwalk,CA 90650 (562)929-5511 www.norwalkca.gov CITY OF NEV,POR"I ACi'$ S POI? pno Civic Center Drive,Bay 20 4�.` Newport Beach,California 92660 0 70 949 644-3330 1949 644-3308 FAX " V j" ,,>, newportbeachca,gov —4410 '•g44xfiO'`taP R4 October 27, 2020 KASA Construction, Inc. Attention:Sam Kasbar,Owner/VP 15148 Sierra Bonita Lane Chino,CA 91710 Project:West Coast Highway Median Landscaping—Phase 2 Subject: Letter of Recommendation Dear Mr.Kasbar, On behalf of the City of Newport Beach, I would like to thank you and your Team at KASA Construction for the exemplary efforts in completing the West Coast Highway Median Landscaping—Phase 2 Project. This project consisted of demolishing the existing stamped concrete in the center median, grading, installing new irrigation systems and landscaping in both the medians and parkways along Pacific Coast Highway,west of Newport Blvd. From inception,you worked closely with the City Staff with respect,professionalism,honesty, and diligence,which resulted in a successful project. KASA maintained the highest level of safety and quality, paying close attention to the specifics of construction and completing the required work within the necessary time frames.When issues ever arose,solutions were always implemented immediately. Even amid a viral pandemic,you, as the committed leader,took the extra steps in establishing safety precautions to secure and protect the welfare of your dedicated staff and the public. KASA's incredible adaptability and coordination with the City,helped bring this project to a polished close. I'd like to extend my appreciation to you and your devoted team on a job well done. It has been a pleasure working with you and I would not hesitate to recommend KASA Construction Inc.to any Owner or Agency. Sincerely, a4I 94 34;t4,0.e9 4.4 Michael J.Sinacori Assistant City Engineer Public Works Department LENNAF July 6, 2020 Kasa Construction, Inc. Attn: Sam Kasbar 15148 Sierra Bonita Lane Chino, CA 91710 Re: Letter of Recommendation Kasa Construction Riverbend Community Park, Jurupa Valley, CA To Whom It May Concern: On behalf of the Lennar Homes, we would like to cordially thank KASA Construction Inc for their exemplary efforts in completing the Riverbend Community Park Project for the best interests of the Jurupa Area Recreation (JARPD) and Park District and Lennar Homes. This nearly$4.8 million, 12-acre park project consisted of, but not limited to, grading, underground wet and dry utilities, landscaping, irrigation, electrical, decomposed granite paths, pedestrian and horse trails, parking lots, masonry walls, fencing and pedestrian bridges. Additionally, the project site also included shade shelters, playground equipment, rubber surfacing, disc golf, decorative concrete, walkway and parking lot lights, basketball courts, a complete athletic field, and a prefabricated restroom building by The Public Restroom Company. From the start, KASA took on a very proactive approach, paying close attention to the specifics of construction and completing the required work efficiently and within the completion schedule. KASA's adaptability and coordination with Lennar and JARPD contributed to bringing this project to a to a successful completion. Construction issues were quickly solved by KASA's attentive team. We could not be more satisfied with the work completed by KASA. The experience and professionalism guided by Kasa's founder, Sam Kasbar, was impressive. It has been a sincere pleasure working with Mr. Kasbar and his team and we would not hesitate to recommend their services to anyone seeking a proficient, determined contractor that upholds the highest possible standards and executes in a timely and organized fashion. Sincerely, 1( Brian King Project Manager Lennar Homes— Inland Empire brian.king@lennar.com LENNAR.COM MC': June June 10,2020 KASA Construction, Inc. Attn: Sam Kasbar 15148 Sierra Bonita Lane Chino,CA 91710 Project: Sierra Crest Park&Dog Park Improvements-Fontana,CA Owner: K Hovnanian Homes Subject: Letter of Recommendation To Whom It May Concern: On behalf of K Hovnanian Homes,we would like to thank KASA Construction for their efforts in completing the Sierra Crest Park Improvements Project. The project consisted of a Public City Park with a CXT Prefabricated Restroom Building,Playground Equipment, Rubber Surfacing, Basketball Court, Picnic areas with Benches,Tables,and Barbeques,green space,as well as Dog Park. KASA completed this project in a conscientious manner,maintaining the highest level of professionalism and keeping the client's best interests in mind.Throughout the duration of the project, KASA cooperated accordingly with K. Hovnanian and the City to overcome many obstacles faced during construction.Although,there were some trying times and design issues,KASA always maintained professionalism,and worked diligently with K. Hovnanian to achieve the most feasible solution for all. Without a doubt,KASA fulfilled their duties as a General Contractor to the satisfactions of all parties. They also always honor any warranty request and stand behind their installation,which is a true testament for a quality general contractor. It has been a sincere pleasure working with Sam Kasbar and his team.We would not hesitate to refer them to any organization seeking a diligent, professional general contractor that upholds the highest possible standards and executes exemplary work. Sincerely, ason Mock Senior Land Development Manager K.Hovnanian Southern California Division,LLC 400 Exchange, Suite 200 Irvine, CA 90602 CITY OF RANCHO PALOS VERDES PUBLIC WORKS DEPARTMENT May 5, 2020 KASA Construction 15148 Sierra Bonita Lane Chino, CA 91710 Project: Conestoga Trail Connection (Deadman's Curve) To whom it may concern: The City of Rancho Palos Verdes would like to thank KASA Construction for their commendable performance in completing the Conestoga Trail Connection Project. KASA Construction completed this project with diligence and commitment, maintaining the highest level of professionalism, attention to detail and work ethic. KASA Construction's scheduling and coordination was smooth. They maintained an excellent relationship with the City project management and inspection team and kept the job running in a compliant and organized manner. It has been a pleasure working with KASA and we would not hesitate to recommend their services to others. Sincerely, tZIDOIL" Nan Razepoor Associate Engineer 30940 HAWTHORNE BOULEVARD RANCHO PALOS VERDES.CA Y)275.5391 i(310 544-5252 i PAX(310)544-5292 IWWWPALOSVERDES.COMIRPV PRINTED ON RECYCLED PAPER City of Rialto \\.....„ California April 16, 2019 KASA Construction, Inc. 15148 Sierra Bonita Lane Chino, CA 91710 SUBJECT: JOE SAMPSON PARK— CITY OF RIALTO PROJECT NO. 150303 To Whom It May Concern: On behalf of the City of Rialto, we would like to thank KASA Construction for their exemplary performance in completing the $5,323,556.56 construction of Joe Sampson Park. KASA completed this project with diligence, maintaining the highest level of professionalism and attention to detail. The project management team consistently kept the City's best interest in mind and cooperated transparently with the City to overcome any challenges which were faced during construction. KASA fulfilled their duties as a general contractor to the satisfaction of all parties. The Project was completed within the schedule set forth in the agreement with the City. We would be pleased to refer KASA Construction Inc. to any other organization seeking a diligent, professional general contractor eager to cooperate with their customer to ensure that the work is completed effectively and with the highest standards. Sincerely, Robert G. Eisenbeisz, P.E. Public Works Director/City Engineer cc: Project File Office of the Public Works Director/City Engineer 335 West Rialto Avenue• Rialto,California 92376 z • W , RUC DISIGH GROUP LANDSCAPE ARCHITECTURE March 25,2019 Mr. Sam Kashar, Vice President KASA CONSTRUCTION, INC. 4649 Brockton Avenue 15148 Sierra Bonita Lane Chino, CA 91710 RE: CONSTRUCTION OF JOE SAMPSON PARK CITY OF RIALTO, CALIFORNIA Riverside,CA92506 Dear Sam: I wanted to reach out and thank KASA Construction on the outstanding execution of the construction of Joe Sampson Park for the City of Rialto, a new 8 acre with a construction cost of$5,323,557. This project was completed well within the rigorous timeline set forth by the City of Rialto. (951)369-0700 KASA Construction has brought numerous park projects designed by our firm to life over the past several years. We are consistently pleased with the high level of craftsmanship and professionalism demonstrated by your company.Joe Sampson Park was no exception. Your team was diligent in all communication efforts, attention to detail,and in providing quick,cost effective solutions to unforeseen conditions as they arose. Fax(951)369-4039 We would he pleased to provide recommendations and positive references about KASA Construction to public agencies and developers for upcoming park, landscape, and similar projects. Sincerely, httpl/www.comworksdg.com COMMUNITY WORKS DESIGN GROUP Scot Rice ASI.A,I.FF.1)Al',CASp CA License#2110 Vice Nesi ent Landscape Architect CA #5111 I NY #2645 Certified Access Specialist CASp-709 scOtt("ti,cwd' fun NV License#389 (. / March 21,2019 Subject: Letter of Recommendation Freeway Frontage Landscaping Project Contract Value: $512,251.57 To Whom It May Concern: We,the City of Westlake Village,would like to praise KASA Construction, Inc.for their outstanding work on the Freeway Frontage Landscaping Project in the City of Westlake Village off of the 101 Freeway and Lindero Canyon Road.The scope of work for this project included installing new irrigation and landscaping along the freeway onramp at Lindero Canyon Road.All work was completed in an efficient and timely manner. KASA completed this project with diligence,maintaining the highest level of professionalism and attention to detail.The project management team consistently kept the City's best interest in mind and cooperated transparently with the City to overcome any challenges which were faced during construction.KASA's team was easy to work with and made certain that best practices for safety, security and cleanliness were enforced and adhered to at all times. KASA's professional managerial skills, alongside their unyielding"get it done"attitude and approach in the administration and implementation of construction truly made the difference in the successful and timely completion. We would absolutely not hesitate to refer KASA's excellent services to others.We look forward to completing more projects alongside the KASA Construction team in the future. Sincerely, 2 ..,,,,,,, / //,,,,L, Tucker G czyk,Constructi"n Manager 31200 OAK CREST DRIVE • WESTLAKE VILLAGE • CA • 91361 • (818)706-1613 • FAX(818)706-1391 • www.wluorg 'Or L 951 -113„z2ek, Jo? kil)t rd. K 'ttt 1 t AX. 951.41 ;_3719 MORENO VALLEY worm.MO\Al 'N HERr DREAMS SOAR. MORT NO VAI I CA 0.2552 0805 July 24, 2018 Subject: Letter of Recommendation John F. Kennedy Veterans Memorial Park Restroom Improvements Project Project No. PCS MSG GR JFK RENO To whom it may concern: It has been a pleasant experience working with Sam Kasbar and his staff with KASA Construction on the JFK Park project. This project included a prefabricated restroom, plumbing, electrical, sewer, picnic shelter, irrigation, turf installation, shrub installation, colored concrete walkways, and site amenities. The final project turned out absolutely beautiful. KASA was proactive throughout the project, notifying me of problem areas of plan elevations to material delays. KASA took these issues in stride and worked on other projects while waiting for plan revisions and materials. KASA kept a clean and safe work site. What was really commendable was that KASA still made the project schedule. It would be a pleasure to work with Sam and KASA Construction again. Sincerely, Tony Metherman Parks Projects Coordinator TM Enclosure: Letter of Recommendation c: Project File V Octvclopment&SpecsaK restroomtKASA\Recommendation.dacx PARKS AND COMMUNITY SERVICES DEPARTMENT Department of Public Works SO . Douglas S. Stack, RE, 1$11 ) Director October 31, 2017 KASA Construction, Inc. 15148 Sierra Bonita Lane Chino, CA 91710 Subject: KASA Construction, Inc. Work Performance Commendation KASA Construction, Inc. has performed the construction of the Detention Basin Landscaping and Water Quality Installation and Tustin Legacy Linear Park Improvements project successfully to the satisfaction of the City. KASA Construction, Inc. has been a true partner throughout the process and the City greatly appreciates the efforts. We look forward to working with KASA Construction, Inc. in the future and would highly recommend your company to other agencies. Very ruly yours, Ken Nishikawa Deputy Director of Public Works/Engineering 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3150 • F. (714) 734-8991 • www tustinca org Aisr, City of Westminster 8200 Westminster Boulevard,Westminster,CA 92683 714.898.3311 I- I www.westminster-ca.gov TRI TA Mayor SERGIO CONTRERAS Mayor Pro Tem DIANA LEE CAREY December 12, 2016 Council Member TYLER DIP Council Member KASA Construction, Inc. 15148 Sierra Bonita Lane MARGIE L.RICE Chino, CA 91710 Council Member Subject: Letter of Recommendation City EDDIE MANFRO Manager Hoover Street Pedestrian and Bike Trail Improvements To Whom It May Concern: The City of Westminster would like to thank KASA Construction for their commendable performance in completing the Hoover Street and Bike Trail Improvements project. The scope of work consisted of removing and replacing an existing AC pavement trail, damaged curb, gutter, and sidewalk and installing new concrete walking trail, curb ramps, a two-wire controller/irrigation system, landscaping, lighted bollards, stabilized DG, decorative fencing, decorative boulders, striping and pavement markings. KASA Construction's field and management staff executed the work professionally and with diligence while upholding the highest work standards with emphasis on on-time deliverables, presentation and quality of the finished product. A safe work environment was provided for both KASA's crew and the public at all times; the site was kept clean both during the working hours and at the end of each day to the City's satisfaction. Should you have any further questions, please feel free to contact me at 714-548-3459. Sincerely, Jake Ngo, P.E. Principal Civil Engineer City of Westminster/Public Works Department c, * •,4 * CITY OF ORANGE COMMUNITY SERVICES DEPARTMENT www.cityoforartge.arg (714)744-1272 FAX VI 4)T44-7251 December 6,2016 KASA Construction, Inc. 15148 Sierra Bonita Lane Chino,CA 91710 PROJECT: TURF REPLACEMENT AND LANDSCAPE RENOVATION AT THE SANTIAGO HILLS ASSESSMENT DISTRICT To Whom It May Concern: On behalf of the City of Orange, I would like to recognize KASA Construction for their outstanding work on the Turf Replacement and Landscape Renovation Project at the Santiago Hills Assessment District.All work was completed professionally and in a timely manner. Working with KASA was a pleasure.Their professional managerial skills,from the top down,alongside their relentless"get the job done"attitude and approach in the administration and implementation of construction truly made the difference in the successful and accelerated completion. Based on the experience I've had, I would not hesitate to refer the professional services of KASA Construction Inc.to others. If you have any questions,you may contact me at(714)532-6491 Sincerely, Nathan Bluhm, Landscape Project Coordinator 230 EAST CHAPMAN AVENUE • ORANGE,CALIFORNIA 92866-1506 .e...4kr= 4,.,,,, ( , , 1,...9 :i,* ....7.;:.,„ CITY Of SOUTH PASADENA commuNrry SERVICES DEPARTMENT 1102 OXLEY STREET, SOUTH PASADENA, CA 91030 Tec 626..403.7360 it FAX; 626A03.1361 vvvvvv,c1-gOUTIt-PASADENA CA US October 25,2016 To Whom It May Concern: KASA Construction was awarded a contract for the construction of the dog park project in the City of South Pasadena,which was completed in Fall 2016.Their dedication to the project was a major factor in the project being completed in a successful and timely manner. Through this process, their staff was cooperative, flexible, and diligently worked with city staff. The project was constructed in a professional and workmanlike manner. Documentation and communication were timely and professional, and they were receptive to our requests. KASA Construction is highly recommended,as their staff would he an excellent asset to any city or agency. Feel free to contact me at Spautsche,southpasadenaca.gov or(626)403-7362 if you need additional information. Sincerely, .--'• 4$4 *--- ella autsch Community Services Director , . . - . „„•••.,4-.Xs, ,.',?,4 -0, . , . „.. i,-,-' 6044140.,, Ai :.,.. CITY OF ORANGE COMMUNITY SERVICES DEPARTMENT www.cityoforange,org PHONE (714)744-7274 • FAX (714)744-7251 July 14, 2015 KASA Construction 15148 Sierra Bonita Lane Chino, Ca. 91710 Subject: Grijalva Park Exercise Circuit Landscape To Whom It May Concern: It is my privilege to offer this letter of recommendation on behalf of the City of Orange to KASA Construction for their superb work at our landscape renovation at Grijalva Park. KASA Construction completed the work in a timely fashion, showing up on the job each day until it was complete. KASA Construction displayed a professional attitude and work ethic from their management, superintendent, foreman to laborer staffing. Customer service and satisfaction was reflected throughout this project... I would not hesitate in providing a positive referral and I hope that the City of Orange has the good fortune to work alongside them in the future, Respectfully Submitted, (-) 4, l % ( Don Equitz ' ,.......1 Sr. Landscape Project Coordinator COMMUNITY SERVICES DEPARTMENT•230 E.CHAPMAN AVENUE •ORANGE,CA 92866 Lewis Operating Corp . 1156 N.Mountain Avenue(91786)/Post Office Box 670 Upland,CA 91785-0670 Office—(909)949-6789/Facsimile(909)931-5595 January 21, 2015 RE: Letter of Recommendation for KASA Construction To Whom It May Concern: In September of 2014, KASA Construction was selected and began construction of certain CFD improvements in our Park Place master planned community in Ontario, CA (a joint venture project by Lewis Community Developers and Stratham Communities). Park Place showcases homes by industry leading homebuilders, KB Home, TRI Pointe Homes, Ryland Homes and Woodside Homes. The CFD improvements completed by KASA Construction included Celebration Park(a 6 acre public park) and Merrill Avenue landscape improvements with total costs in excess of$5,000,000. KASA Construction was aggressive in their bidding for Celebration Park and were approximately 14% lower than the second place bid. The Park Place Grand Opening took place on November 8, 2014 and over 4,000 people attended the opening celebration which included the viewing of 18 beautifully appointed model homes and a tour of the Parkhouse (a spectacular 14,500SF recreation center). The Grand Opening also included live entertainment and food service in Celebration Park. The date of the Grand Opening; however, was not confirmed until after KASA Construction had commenced its work. KASA Construction rose to the challenge and completed over $5,000,000 of construction in half the time granted by our agreement. A significant portion of the work had to be completed within a mere 20 working days from commencement of construction. Six months of construction were accelerated and successfully completed within a total of 60 working days — all while coordinating construction activities with various contractors of other trades concurrently performing work within Park Place. KASA's exemplary performance exceeded our expectations. It is with great pleasure that we have been afforded the opportunity to collaborate with KASA's experienced, dedicated and driven staff. KASA's professional managerial skills, from the top down, alongside their relentless "get the job done" attitude and approach in the administration and implementation of construction truly made the difference in the successful and accelerated completion of Celebration Park which allowed us to meet our November 8th Grand Opening date. I look forward to working with the KASA Construction team on many more projects in the future. Sincerely,bitivpW p Vitd Randall Lewis Executive Vice President r i� � Liberty r► Mutual. SURETY BID BOND KNOW ALL BY THESE PRESENTS,That we, KASA Construction, Inc. of 15148 Sierra Bonita Lane, Chino, CA 91710 (hereinafter called the Principal),as Principal,and Liberty Mutual 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 the Total 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 Glen Mar Frontage Road Improvements,CC No. 1688 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 13th day of December , 2022 KAS truction, Inc. (Seal) Principal vh 'b 4r- J.P. Witness �_ 1105 1�ti Title Liberty Mutual I '-urance Company Witness B ' \ Y Li°a 5ayno Attorney-in-Fact tNSU • r°o9PORt 4' crt • 1912 0 YCS 'S'SA CHUB*. �Q/7 * *� LMS-1 0053 0 511 8 • w- This Power of Attorney limits the acts of those named herein,and they have no authority to .:. bind the Company except in the manner and to the extent herein stated. *a�`,�. Liberty Liberty Mutual Insurance Company r ' Mutual. The Ohio Casualty Insurance Company Certificate No: 8208174-024103 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Oliver Craig,Mikayla Green,Lisa Sayno,Lisa Cruz,Jeffrey W.Cavignac,Jase Hamilton,James P.Schabarum,II all of the city of San Diego state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 17th day of June , 2022 . Liberty Mutual Insurance Company v\NsxfR 01 INs&,p� a 1NSUR The Ohio Casualty Insurance Company .J=oo0.PoFyro'6C� �J?ooRPcia.,i, i000 cutq.4m West American Insurance Company ;! # 0 VI ;_....3.. °s NAM1,0'.ciao �ls, ,No,„. aa3By: 4 a U 5 To m * David M.Carey,Assistant Secretary c= v m State of PENNSYLVANIA SS s rn County of MONTGOMERY c E 0 ,.- m On this 17th day of June , 2022 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 8 o m Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing Instrument for the purposes-4 a? > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W e ▪ To '� a)v IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. Q 0 to PAS .1-i 0 0 aP 2, O �` pier;W F Commonwealth of Pennsylvania-Notary Seal n �� �— �- t, 6, f4' !f Teresa Pastella,Notary Public ,2�- -�� O 0 O v Montgomery County 0 N o.- My commission expires March 28,2025 By: Q O C al �'}, �c Commission number 1126044 ` \.41,yL'O' G Member,Pennsylvania Association of Notaries eresa Pastella,Notary Public _ 01 rn ✓�'alRy Ne y O c) k0 0 a? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 ono E•S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: a M xU ARTICLE IV-OFFICERS:Section 12.Power of Attorney. o 0 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the•a CD 7 t President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m— co aci any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall a cx0i o L have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such 0 ru Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the"CI m provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. LL a ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. ` 4 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 13th day of December , 2022 . 1Ns4 cs1 INsc tris44 j-owPc'RIr+ yJPu°pPo2ir�9Z .ot`opv°441.' '���/r/•� b F Q r RO n = e (o 2 jø o 1919 , s 1991 0y�1�„s�'1 .'s, 4NorAM� At. By:Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 r. 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 San Diego } On DEC 13 2022 before me, Lisa M. Cruz, Notary Public (Here insert name and title of the officer) personally appeared Lisa Sayno who proved to me on the basis of satisfactory evidence to be the person() whose name(s-) is are subscribed to the within instrument and acknowledged to me that he 4.11P they executed the same in hi 412Et their authorized capacity(ies), and that by hiss he (their signature() on the instrument the person(), 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. LISAM.CRUZ WITNESS my hand and official seal. "otary Public•California San Diego County m Commission#2398946 1 My Comm.Expires Apr 25,2026 Notary blic Signature (Notary Public Seal) ♦ • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or 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 forms(i.e. he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. 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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .:c�.�;�cc�,c-t•�.�rcx.�:t�.�c�.�;e�,arc;�carc-�.�r.�r,�.�.�r,;c;M.�.�::=�r,�c�;�r.�,��,�c,-c.�r.�c.-r.�,�.r�.�r.i;�..�ez=�,nc�r.�r�rr. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California County of San Bernardino On 1 7/77/7n22 before me, Hector Zavala, Notary Public Date Here Insert Name and Title of the Officer personally appeared Diana Kasbar and Sam Kasbar 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. �•, HECTOR ZAVALA ,_ Notary Public California Z WITNESS my han an official seal. jr San Bernardino County ;Ayr,*;r Commission#2382862 •0" My Comm.Expires Nov 12,2025 Signature re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact Trustee ❑ Guardian or Conservator El Trustee El Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: _�,�-���e.�=tisww^w�c.��:v.�:�c^w�=c:�w�; :�.c•e:e.�wc;e.�:c.c; �,v�-c�::or:cx-cti�,c:�c.�c%c.e>c�:c:�,c:�,^u;u;�n=.c:c:e.�.rcw ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 r i a. a 4 CO = 0 N a 4{^� CO t Q •� hn C c � oc Q� _ . c. N O E O g N c ; CN _ o °- A -10 (4., id fi 0C C 8 . .E di lt -w a a �' oo a C h .91 - , (....) 4. C� . 7 . 0 t. - 'A rP tis ^^' .., o 0 1 fir ,.7- Np �_ City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov a' Vc°• :�`COf° Office of the City Clerk aFCpUNT`i�0'\"//° Robin Estanislau, City Clerk March 28, 2023 Legion Contractors, Inc. 18008 Sky Park Circle, Suite 290 Irvine, CA 92614 RE: Glen Mar Frontage Road Improvements—CC No. 1688 Enclosed please find your original bid bond for CC-1688. Sincerely, g6/412141444) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Citiy: Anjo, Japan SECTION C PROPOSAL for the construction of GLEN MAR FRONTAGE ROAD IMPROVEMENTS PROJECT at the Glen Mar development frontage road medians at MAGNOLIA STREET,BUSHARD STREET AND ADAMS AVENUE CC No. 1688 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor,in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days for all bid schedules, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. find Bidder's Bond for 10% in the amount of Accompanying this proposal of bid, 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 C-2 SECTION C PROJECT BID SCHEDULE Glen Mar Frontage Road Improvements — C.0 No 1688 PROJECT BASE BID: Description Total Cost TOTAL BID AMOUNT - SCHEDULE A $ 503,289.50 TOTAL BID AMOUNT - SCHEDULE B $ 842,648.60 - Additive Alternative Bid Item No. I TOTAL BID AMOUNT - SCHEDULE C $ 628,789.00 - Additive Alternative Bid Item No. 2 TOTAL BID AMOUNT - SCHEDULE D $ 190,642.40 - Additive Alternative Bid Item No. 3 BASE BID (TOTAL LUMP SUM BID) - Total for Schedule A, B, C and D $2,165,369.50 BASIS OF AWARD Note: Refer to Section 7,Measurement and Payment. 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Greenbook does not apply for the deletion of bid schedules B through D prior to award. C-3 PROJECT BID SCHEDULE A Glen Mar Frontage Road Improvements — C.0 No 1688 BID ITEMS Item Plan Description Qty Unit Unit Cost Total Cost No. Note 1 - Mobilization 1 LS $26,000 $ 26,000 2 - Traffic Control 1 LS 9,500 $ 9,500 Preparation of Project Specific Storm 3 - Water Pollution Prevention Plan (SWPPP) 1 LS $ 1,950 $ 19,500 and Water Pollution Control Program (WPCP) 4 - Installation and Maintenance of BMP's per 1 LS $ 6,500 $ 6,500 the approved SWPPP and WPCP 5 2 Tree Removal with Stump, Root and 4 EA $ 1,950 $ 7,800 Backfill 6 3 Furnish and Install 24"Box Tree 7 EA $ 1,300 $ 9,100 7 25 Trim Existing Vegetation 1 LS $22,000 $ 22,000 8 4 Construct Mow Strip 1 LS $ 13,000 $ 13,000 9 5 Remove and Construct New Pilaster 13 EA $ 3,900 $ 50,700 10 6 Renovate Existing Pilaster 24 EA $ 1,950 $ 46,800 11 9 Demo and Remove Existing Pony Wall 13 EA $ 1,950 $ 25,350 12 7 Not applicable 13 8 Complete Renovation to Existing Pilaster 2 EA $ 1,950 $ 3,900 Previously Renovated 14 10 Remove Existing Fencing and Construct 624 LF $150 $ 93,600 New Fencing Structure Demo and Permanently Remove Existing 15 11 Pilaster, Footing and Fence. Backfill as 1 LS $ 2,600 $ 2,600 Necessary C-4 16 12 Demo and Remove Existing Asphalt 6,886 SF $ 7.80 $ 53,710.80 Pavement 17 13 Provide and Install ES-2 Mulch 5,553 SF $ 3.90 $ 21,656.70 18 14 Not Applicable 19 15 Construct Concrete Sidewalk 1,330 SF $ 23.40 $ 31,122 20 16 Monument Entrance Sign 1 LS $ 26,000 $ 26,000 Renovation/Completion 21 23 Not Applicable 22 24 Not Applicable 23 17,19 Not Applicable 24 18 Not Applicable 25 20 Not Applicable 26 21,22 Not Applicable 27 - 90 Day Maintenance 1 LS $ 26,000 $ 26,000 28 - Pothole for Utilities Not Shown on Plans 5 EA $ 3,900 $ 19,500 29 - As-Built Plans 1 LS $ 6,500 $ 6,500 TOTAL BID AMOUNT -SCHEDULE A $ 503,289.50 TOTAL BID AMOUNT IN WORDS: Five Hundred and Three Thousand,Two Hundred Eighty-Nine Dollars and Fifty Cents Note: Refer to Section 7, Measurement and Payment. 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Greenbook does not apply for the deletion of bid schedules B through D prior to award. C-5 PROJECT BID SCHEDULE B Glen Mar Frontage Road Improvements— C.0 No 1688 ADDITIVE ALTERNATIVE BID ITEMS NO. 1 Item Plan Description Qty Unit Unit Cost Total Cost No. Note 1 - Mobilization 1 LS $ 28,000 $ 28,000 2 - Traffic Control 1 LS 11,000 $ 11,000 Preparation of Project Specific Storm 3 - Water Pollution Prevention Plan(SWPPP) 1 LS $ 2,100 $ 2,100 and Water Pollution Control Program (WPCP) 4 - Installation and Maintenance of BMP's per 1 LS $ 7,000 $ 7,000 the approved SWPPP and WPCP 5 2 Tree Removal with Stump, Root and 7 EA $ 2,100 $ 14,700 Backfill 6 3 Furnish and Install 24" Box Tree 14 LS $ 1,400 $ 19,600 7 25 Not Applicable 8 4 Construct Mow Strip 1 LS $ 14,000 $ 14,000 9 5 Remove and Construct New Pilaster 11 EA $3,500 $ 38,500 10 6 Renovate Existing Pilaster 54 EA $ 2,100 $ 113,400 11 9 Demo and Remove Existing Pony Wall 25 EA $ 2,100 $ 52,500 12 7 Construct New Pilaster(not previously 1 EA $ 4,900 $ 4,900 existing) 13 8 Not Applicable 14 10 Remove Existing Fencing and Construct 1,020 LF $150 $ 153,000 New Fencing Structure Demo and Permanently Remove Existing 15 11 Pilaster,Footing and Fence. Backfill as 1 LS $ 2,800 $ 2,800 Necessary C-6 16 12 Demo and Remove Existing Asphalt 13,590 SF $ 8.40 $ 114,156 Pavement 17 13 Provide and Install ES-2 Mulch 10,128 SF $ 4.20 $ 42,537.60 18 14 Provide and Install Kurapia Sod Ground 3,465 SF $ 7 $ 24,255 Cover 19 15 Not Applicable 20 16 Not Applicable 21 23 Demo and Remove Existing Backflow& 1 LS $ 11,200 $ 11,200 Reconnect Line to Tie In Demo and Remove Existing Irrigation 22 24 Controller Cabinet and Construct New 1 LS $ 28,000 $ 28,000 Footing with New CS3000 Controller Cabinet 23 17,19 Irrigation Supply Line with Tee 1 LS $21,000 $ 21,000 Connection and Tie Ins 24 18 Install New Master Valve, Backflow 1 LS $ 28,000 $ 28,000 Device & Flow Sensor 25 20 Install New Irrigation Lateral Lines, 1 LS $ 42,000 $ 42,000 Control Valves& Sprinkler Heads 26 21,22 Electrical Control Wiring and 1 LS $ 21,000 $ 21,000 Appurtenances for Frontage and Median 27 - 90 Day Maintenance 1 LS $ 21,000 $ 21,000 28 - Pothole for Utilities Not Shown on Plans 5 EA $ 4,200 $ 21,000 29 - As-Built Plans 1 LS $ 7,000 $ 7,000 TOTAL BID AMOUNT -SCHEDULE B (ADDITIVE $842,648.60 ALTERNATIVE BID ITEM NO. 1) TOTAL BID AMOUNT IN WORDS: Eight Hundred Forty Two Thousand, Six Hundred Forty-Eight Dollars and Sixty Cents Note: Refer to Section 7, Measurement and Payment. C-7 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Greenbook does not apply for the deletion of bid schedules B through D prior to award. C-8 PROJECT BID SCHEDULE C Glen Mar Frontage Road Improvements— C.0 No 1688 ADDITIVE ALTERNATIVE BID ITEMS NO. 2 Item Plan Description Qty Unit Unit Cost Total Cost No. Note (Extension) 1 - Mobilization 1 LS $ 28,000 $ 28,000 2 - Traffic Control 1 LS $11,000 $ 11,000 Preparation of Project Specific Storm 3 - Water Pollution Prevention Plan(SWPPP) 1 LS $ 2,100 $ 2,100 and Water Pollution Control Program (WPCP) Installation and Maintenance of BMP's 4 - 1 LS $ 7,000 $ 7,000 per the approved SWPPP and WPCP 5 2 Tree Removal with Stump,Root and 1 EA $ 2,100 $ 2,100 Backfill 6 3 Furnish and Install 24" Box Tree 14 EA $ 1,400 $ 19,600 7 25 Not Applicable 8 4 Not Applicable 9 5 Remove and Construct New Pilaster 6 EA $ 3,500 $ 21,000 10 6 Renovate Existing Pilaster 61 EA $ 2,100 $ 128,100 11 9 Demo and Remove Existing Pony Wall 28 EA $ 2,100 $ 58,800 12 7 Construct New Pilaster(not previously 1 EA $ 4,900 $ 4,900 existing) 13 8 Not Applicable 14 10 Remove Existing Fencing and Construct 1,098 LF New Fencing Structure $150 $164,700 15 11 Not Applicable C-9 16 12 Demo and Remove Existing Asphalt 10,515 SF $ 8.40 $ 88,326 Pavement 17 13 Provide and Install ES-2 Mulch 10,515 SF $ 4.20 $ 44,163 18 14 Not Applicable 19 15 Not Applicable 20 16 Not Applicable 21 23 Not Applicable 22 24 Not Applicable 23 17,19 Not Applicable 24 18 Not Applicable 25 20 Not Applicable 26 21,22 Not Applicable 27 - 90 Day Maintenance 1 LS $ 21,000 $21,000 28 - Pothole for Utilities Not Shown on Plans 5 EA $ 4,200 $ 21,000 29 - As-Built Plans 1 LS $ 7,000 $ 7,000 TOTAL BID AMOUNT - SCHEDULE C (ADDITIVE $628,789.00 ALTERNATIVE BID ITEM NO. 2) TOTAL BID AMOUNT IN WORDS: Six Hundred Twenty Eight Thousand, Seven Hundred Eighty-Nine Dollars Note: Refer to Section 7,Measurement and Payment. 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Greenbook does not apply for the deletion of bid schedules B through D prior to award. G10 PROJECT BID SCHEDULE D Glen Mar Frontage Road Improvements— C.0 No 1688 ADDITIVE ALTERNATIVE BID ITEMS NO. 3 Item Plan Description Qty Unit Unit Cost Total Cost No. Note (Extension) 1 - Mobilization 1 LS $ 28,000 $ 28,000 2 - Traffic Control 1 LS $11,000 $ 11,000 Preparation of Project Specific Storm 3 - Water Pollution Prevention Plan(SWPPP) 1 LS $ 2,100 $ 2,100 and Water Pollution Control Program (WPCP) Installation and Maintenance of BMP's 4 - 1 LS $ 7,000 $ 7,000 per the approved SWPPP and WPCP 5 2 Tree Removal with Stump, Root and 1 EA $ 2,100 $ 2,100 Backfill 6 3 Furnish and Install 24"Box Tree 1 EA $ 1,400 $ 1,400 7 25 Not Applicable 8 4 Not Applicable 9 5 Not Applicable 10 6 Renovate Existing Pilaster 11 EA $ 2,100 $ 23,100 11 9 Demo and Remove Existing Pony Wall 3 EA $ 2,100 $ 6,300 12 7 Not Applicable 13 8 Not Applicable 14 10 Remove Existing Fencing and Construct 143 LF $ 210 $ 30,030 New Fencing Structure 15 11 Not Applicable C-11 16 12 Demo and Remove Existing Asphalt 1,874 SF $ 8.40 $ 15,741.60 Pavement 17 13 Provide and Install ES-2 Mulch 1,874 SF $ 4.20 $ 7,870.80 18 14 Not Applicable 19 15 Not Applicable 20 16 Not Applicable 21 23 Not Applicable 22 24 Not Applicable 23 17,19 Not Applicable 24 18 Not Applicable 25 20 Not Applicable 26 21,22 Not Applicable 27 - 90 Day Maintenance 1 LS $ 28,000 $ 28,000 28 - Pothole for Utilities Not Shown on Plans 5 EA $ 4,200 $ 21,000 29 - As-Built Plans 1 LS $ 7,000 $ 7,000 TOTAL BID AMOUNT - SCHEDULE D (ADDITIVE $190,642 ALTERNATIVE BID ITEM NO.3) TOTAL BID AMOUNT IN WORDS: One Hundred Ninety Thousand, Six Hundred Forty-Two Dollars and Forty Cents Note: Refer to Section 7, Measurement and Payment. 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 City reserves the right to reject any or all proposals and bid items, including the deletion of bid schedules B through D without any change in the unit prices. Section 2-7 of the Greenbook does not apply for the deletion of bid schedules B through D prior to award. C-12 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 9 to 13 Southern Counties Quality Masonry 237043 C-29 1000008191 $45,000 1517 Fairview St., Santa Ana, CA B 3% 14 FenceCorp, Inc. 886544 C-13 1000000850 $53,000 3% 18440 Van Burn Blvd., Riverside, CA B 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-13 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 12/22/22 , at Irvine , CA Date City State Amir Movafegh , being first duly sworn, deposes and says that he or she is President of Legion Contractors, 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. Legion Contractors, Inc. Name of Bidder AV' Signature of Bidder Amir Movafegh, President Corporate:70 Dorman Ave., Suite 3, San Francisco, CA 94124 Local: 18008 Sky Park Cir., Suite 290, Irvine, CA 92614 Address of Bidder C-14 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 GLEN MAR FRONTAGE ROAD IMPROVEMENTS PROJECT , (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. Legion Contractors, Inc. Contractor By Amir Movafegh President Title Date: December 22,2022 C-15 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete,under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-16 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. Legion Contractors, Inc. Contractor 044' By Amir Movafegh President Title Date: December 22, 2022 C-17 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Legion Contractors, Inc. Bidder Name 70 Dorman Ave., Suite 3 Business Address San Francisco CA 94124 City, State Zip ( 415 ) 655-3535 Info@LegionContractors.com Telephone Number Email Address 1061257 Classes A, B, C15, C36, C61/D12, C61/034 State Contractor's License No. and Class 12/11/2019 Original Date Issued 12/31/2023 Expiration Date The work site was inspected by Eric Borbely,Superintendent of our office on December 16 , 2022 The following are persons, firms, and corporations having a principal interest in this proposal: Legion Contractors, Inc.-CA Corporation Amir Movafegh-President The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Legion Contractors, Inc. Company Name Signature of Bidder Amir Movafegh, President Printed or Typed Signature C-18 NOTARY CERTIFICATE Subscribed and sworn to before me this2day of gac.a.4car,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 Cs,`*; ) County of (7 foo"c►�s�.,, ) On �Z2,'7o2.2. before me, 1 + s?"r ' 1W , *in Pt) Month,Day,and Year Insert Name and Title of Notary personally appeared ,{ Matos. l`- Names)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. Covroitionr23$41e2 r j*Cow Espies FEB te,Me Signature ignature of Notary Public (PLACE NOTARY SEAL ABOVE) C-19 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 Huntington Beach-2000 Main Street, Huntington Beach, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: Brian Polivka-(714)536-5525 $2,760,000 Building New Park and Existing Building TI November 2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Demolition and building a new park for the City of Huntington Beach including new parking lot AC pavement, new 10,000 sf concrete walkway, underground utility work,and fencing. 2. Glendale Community College District-1500 N.Verdugo Rd., Glendale, CA 91208 Name and Address of Public Agency Name and Telephone No. of Project Manager: Silva Sorkazian : (818)551-5221 $1,070,000 Tenant Improvements December 2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: DSA college campus renovation and upgrades including a comprehensive mechanical,electrical(including conduit and pull box), and plumbing renovation for a 3 story building and all finishes. 3. San Jose Unified School District-855 Lenzen Avenue, San Jose, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: Mohammed Mhanna-(650)440-8861 $1,283,000 District-wide Schools Exterior Renovation December 2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Playground Renovation for 7 play boxes in 6 different schools for the San Jose Unified School district which included the Demo, Earthwork, Grading, Concrete,Asphalt, Fencing, and Irrigation. C-20 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. Amir Movafegh Name of proposed Project Manager Telephone No. of proposed Project Manager: 415-655-3535 x102 San Jose Unified 2019 Modernization, $3,149,000 School Renovation Dec.2019 Project Name & Contract Amount Type of Work Date Completed Glendale Community College Mariposa Campus,$1,070,000 DSA / Tenant Improvement Dec. 2020 Project Name & Contract Amount Type of Work Date Completed Rodger Senior Center Improvements,$2,760,000 / Tenant Improvements 2022 Nov.2022 Project Name& Contract Amount Type of Work Date Completed 2. Eric Borbely Name of proposed Superintendent Telephone No. of proposed Superintendent: 310-429-8642 Rodger Senior Center Improvements,$2,760,000 / Tenant Improvements 2022 Nov.2022 Project Name & Contract Amount Type of Work Date Completed Glendale Community College Mariposa Campus,$1,070,000 DSA / Tenant Improvement Dec.2020 Project Name & Contract Amount Type of Work Date Completed San Jose Unified Playground Modernization, $1,283,000 / Playground Modernization Dec.2021 Project Name & Contract Amount Type of Work Date Completed C-21 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/PWCR/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. Legion Contractors, Inc. Contractor By Amir Movafegh Amir@LegionContractors.com Email President Title Date: December 22,2022 PWC Registration #: 1000543172 C-22 GREAT MIDWEST INSURANCE COMPANY BOND NO.: LEGCO-146 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, LEGION CONTRACTORS, INC., (hereinafter called the Principal), and GREAT MIDWEST INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of TEXAS, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH., (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars (10% OF THE BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for GLEN MAR FRONTAGE ROAD IMPROVEMENTS PROJECT, CC NO. 1688, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 21ST day of DECEMBER, 2022. LEGION CONTRA�T RS iINC. BY: i GRE MIDWE T INSWANCE COMPANY BY: RAN SPOHN, tto ey-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: Randy Spohn, Matthew R. Dobyns, Hamilton Kenney,Ashley M. Spohn 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 15t 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. �ststye GREAT MIDWEST INSURANCE COMPANY o iCORPORATE SEAL I BY Mark W. Haushill c4 President 'aCpRPOP�� 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. �� s.% CHRISTINA BISHOP litO Notary Public,Stets of Texas BY UP0-7-- �� = Comm.Expires 04•i4 2026 Christina Bishop �>n` 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. • 21st December 22 Signed and Sealed at Houston, TX this Day of , 2.0 __ to oisuft44,0 t ZC BY Leslie K. Shaunty Secretary`�CORPOAt "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 fact material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties. 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 December 21st, 2022 before me, ERIKA G. MORGAN, NOTARY PUBLIC, personally appeared RANDY SPOHN ® 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/shc/thcy executed the same in his/hcr/thcir authorized capacity {ies), and that by his/hcr/thcir signaturefs) on the instrument the person{s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of r=RiKA G. MORGAN California that the foregoing paragraph is true and correct. � COMM.#2354018 ��, wZ NOTARY PUBLIC•CALIFORNIA O ORANGE COUNTY 5 WITNESS m and and official seal. Comm.Expires May 5,202 ql2twely 1 ature o tary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) N N N ti cv CO CO011, --r c c' N �, _ A. N v 4 '•1 O H\ o -+ 4 J C."C:0 r.i vt c to m N o m Q CS .r a u co U u co 4.1 u 7t U CO C m U Z V to LL O. o ( I O C •Eo W al , G. Y 'CC N co01 J O N O O U +- CA O E N d co N O SI co �_ In a N d C v Z O Y > O - N i. L c a Q u� a u C �.. 0 co N C C Y al M L m = N L M I cc W C N = i 00 O i 1111 0Y p p LA _ C E u in C O, LA+,. U. C _ c C m ct "'1 y. T 7 f0 •� O O X ../ f0ca (,i 2 • 0 m 2 c - 4- 6: W = L C. p 'C �' °,6 N N = • j Qo eo ', Q 7 u N vi n. CO J hi Q E ' � _ co c V_ z v 1-1- v O ci LL •o v . is o a m 0 I- �,•' —...o4/ City of Huntington Beach �ftPOR Y-r ►�° ':��� \ 2000 Main Street ♦ Huntington Beach, CA 92648 . - (714) 536-5227 • www.huntingtonbeachca.gov -57 co., ; Office of the City Clerk COUNTY �P/, Robin Estanislau, City Clerk March 28, 2023 Rhome Profile Construction 19171 Magnolia Street, Suite 5 Huntington Beach, CA 92646 RE: Glen Mar Frontage Road Improvements—CC No. 1688 Enclosed please find your original bid bond for CC No. 1688 Sincerely, ( 10414U ediletniliAd Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan U.S. Specialty Insurance Company -,1 ro J 601 S.Figueroa St.,Suite 1600,Los Angeles,CA 90017 (310)649-0990 BOND NO. N/A PREMIUM N/A BID DATE: 12/22/2022 BID BOND KNOW ALL MEN BY THESE PRESENTS,That we, RHOME Profile Construction Corp. (hereinafter called Principal),as Principal,and U.S. Specialty Insurance Company ,a corporation, organized and existing under the laws of the State of Texas and authorized to transact a general surety business in the State of California (hereinafter called Surety),as Surety,are held and firmly bound unto City of Huntington Beach (hereinafter called Obligee) in the penal sum of ten percent( 10 %) of amount bid not to exceed 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 Glen Mar Frontage Road Improvements Bid No. CC-1688 NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not exceeding the penal sum of the bond. SIGNED, SEALED AND DATED THIS 20th DAY OF December , 2022 RHOME Profile Construction C ;k1k, PRINCIPAL „4I;uuU By' tr. � a-, ✓ a-if ,� U/ Specialty Insur nc C)mpany "� u — t,`, V Cynthia ou Atto .,y-in-Fact _,��,_'.::).,_,\ is - - �-'" ' a ' //ti P �4) �frill HCCSZZ220B04/10 MAN' 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 Orange } On 12/22/2022 before me, Kenneth Chiang, Notary Public (Here insert name and title of the officer) personally appeared Rodney Lee Earwood 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. .r, KENNETHCHIANG • Notary Public-California Orange County r fi Commission N 2334923 ``,,,o•"- My Comm.Expires Oct 6,2024 Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION 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 stales may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary U.S. Specialty Insurance Company law. (Title or description of attached document) • State and County information must be the State and County where the document Bid Bond 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, 12/2�/22 • The notary public must print his or her name as it appears within his or her Number of Pages 1 Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is/are)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. Sr. VP 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. ❑ • Signature of the notary public must match the signature on file with the office of Partner (s) 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). 13 C.. >; (3b • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT • 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 ss. County of San Bernardino On DEC 2 0 2022 before me, Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") - personally appeared Cynthia J. Young Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she • executed the same in her authorized capacity, and that by her signature on the instrument the • person, or the entity upon behalf of which the person acted, executed the instrument. / �`s''�c Rebecca Elizabeth Adcock I certify under PENALTY OF PERJURY under the laws of / Y COMMISSION# 23272NI �^ NOTARY PUBLIC-CALIFORNIA the State of California that the foregoing paragraph is SA SAN BERNARDINO COUNTY' true and correct. °pia-6A�` .6-M l My Comm.Expires: 3-May-2024 bSo ITNESS my han d official seal. ())2 • Sig a of Notary Public -8) -a-- OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: RT THUMBPRINT OF SIGNER O Individual Top of thumb here El Corporate Officer Title : O Partner -- O Limited O General O Attorney-in-Fact O Trustee • O Guardian or Conservator Other: : Signer is Representing: : I STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N9 07984 SAN FRANCISCO • Amended Certificate of Authority THIS IS TO CERTIFY THAT,Pursuant to the Insurance Code of the State of California, U.S. Specialty Insurance Company of Houston, Texas ,organized under the laws of Texas ,subject to its Articles of Incorporation or other fundamental organizational documents,is hereby authorized to transact within the State,subject to all provisions of this Certificate,the following classes of insurance: Fire, Marine; Surety, Disability, Liability, Workers' Compensation, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California, THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all,and not in violation of any,of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable,and as such laws and requirements"'tow are,or may hereafter be changed or amended. IN WITNESS WHEREOF,effective as of the 29th day of December 2004 I have hereunto set my hand and caused my official seal to be affixed this • 29th day of December 2004 . ohn Ga amendi, _. neurone C toner By /1leto `'7 / • for Ida Zodrow D - Deput NOTICE: t' Qualification with the Secretary of State must be accomplished as required by the' - _: •• , . ode p. y after issuance of this Certificate of Authority.Failure to do so will be a violation of Insurance Code Section 701 and III be ground:for revoking this Certificate of Authority pursuant to-the convenanu made in the application therefor and the conditions contained herein. rorW CS4 aql•oo aa+ui ". 11r I U 11\ IlIII V,r, I n y l 1„ sI" I i,u 1p!1i I ' u' I I 1I IV ;4 d II IIi i,:I 111VI IiI R1l,, II ;r;' dl II " i .l' 1.'I1 I'I,6II I „l ,I, II fl ;l IIII,IJIplli; , l : I 1 Il„I, , I'Il:ll I I Ii /Il l,Q IIllI lI,Il,h,d\ I . l I „ I II I al 011' II I I IIII, I o,1P iiII I,dI;,l I , ,,,,,II,JIil II II VIiIII, II I , , II I` II,/ 1 IIII eII ,,i,11I , I I , 1 gI I I g,,,,I , I I"III _ ' TOKIO MARINE • H C C = _ =POWER_OTOJI�7 _ __ - __ =_= AM-H3CCAACN3t� RS INDEMN10�71PIT BONDINQ1t11PPN_ __ == UNMD--SW-ES-SURETY COMPAN .STSF-ECIAAALT INSURANCE C VfPANNNN _ KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and I'I IIlII IllIaUI Id S I „pp e cialty Insuraince C o,rp pIIIa,nyia TIe, ascorporation (collectively,u d yI t% 1W* gI1Coanies"), do by th'ese.qPre selnts,rn�Ia�el constitute II ,. ,I,I .,lI qIl n� p1pl 4 n1\ g I I1 I IdLllI'IIi ,,,, IlV lnIh II , II ' II l I » : ILI„ ,n;: ,t,I • II I' I II 1p l,l• 1 ,I IVIII,i ,J/ Ipl ,II1IIIIII I \ll1IIld}l 'dl�;dr•stina M ll :, e, I,dIla aIP O� nzuela orIl 'nI ' of San Bernar® ol Iaia:I\,'IlI1l ,,,,,I II,IIIIlgVIdIIII � l U: :, d IV III\\N its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, prdJid he bond penalt. does noo-ex eed _ — — **fff Million***** _ - Dollars_ W*M3 Jt--'(al00.00*** ). TACHo Erf A#torae shall expire ath It Zrtaei ioo oo January 31 ?00 Th av✓e oo Attorney is-------_----_- bra-ed fier and by a itywjlle fow>� resolutions ada_d bl If&Baarc1 irectors of th m nr : Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby — vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomeyl-m-Fact may be given full power andlalut o/lit, for and in the name of andbehalf of the Company,to execute,acknowledgemualnd deliver,any on b IoIrIII, Imu111I I,I . III 11' U!' d''a I d�,dsll reco nizances co tr "t§!11a :ee Orin or indemnityd otherlcprditi10101 o Mill atory undert km s incl,Ud ny I ny an('lAall consents ,14111,i1,111 II ,u�:i 9 ,:np ,,gyp. .,! �� I: wIII �,,:,111 I III!,pl: :IIII,/ III'I'o' lullP,Iul u:9 �ill�ill ,iu IIIIIIalllluu :,IZ111IIy ,Illll�b!,I Illlll:l p IIIIIII' I , I,11,1:,,',PIL!I , Ib IIIIIIII ,II',IIIIIIh I:IdInIIII,�Id,ludull.6!IIdi11111 IIIIIII q, gllulldl�'IIlly :IIII IIII ,L I .III:u,ll ,.rI,111: II:,II ,.III II! I III IInS VI�,I I,III!IIIII L r tna ease of retained\\.Il a ei a a o'If estimates one: , et dicohstruetion contracts, ap y# .d Inoticesl Idocume t IIII ,I III I„ I'. I:1ry, Irk :�,: lllhlclpl, 911I III Iil'� �i I�, II ,:In9,lpnlpIl .9 �� �If1101III If:��! ,III, I IIIIIILI,IAIIIIIII,,IIIIIII I:,,II:111,1 11:.1!III',III' IIIII,I!1, .IIIIII IIIIIIIIII,:.:IIIIII .nil,lllu l ,II�,IllliJIIII IIIIIIIIIIIII!IIIIII!dlllllll„Ilfl!II'Ir:, I,I,IiII111ll11111 IIIIIII. II ,p.l III i1��II, III II ,,II III:,III' I ,/'can' In llo'� the Co a 's iabi t e,e✓.inder and an suc''!ans, ' m Itsl''Isoexeclited anysuchllAttorne n-.Fac�shal nb ,,,,binding upon Ilao1\dull, I'I !11!II'vuI' 1!G,Ilei1111 9,IIIII,I„�terminating ,F�IIgPl lll9p ''II'119'Iur,I�IIII I� �,,111,�II 'u11III,III' Y dpII Il II 11111 �'l llullluual,:l1!',III' !In:,n1!;IIII �,111II IIIl1„� by Ip Iflll�II Ilp'II II I'I IIIIIIII nllllll!IIIP "�II ILIIIIIPIi II IIILIIII,IIIII I. 1°I'`•the Company as if signed by(he111PresideAt and sealed and effected by.�ke Corporate Secretary. 'IIIIuIlII11111 1�1:LJlu �Illlplll Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. T WHEREO( hhCmpanrr tie=caused this igstrreeq€t_d end their corppgots le�tffixed,this= = aeptember, 2 - —=_ CMER N TONTRACTORS INDEMN1 COMP CN1ti TEESAS BONDING CO N UNITED STATES SURETY COMPANY—U.S.SPECIALTY INSURANCE COMPANY STATES 1 Iryy W,NNIYllllrlrly ,�\`�p.GToge q, 40.9..kC ae + t...Y Fw /•/,dnsucl State of California +.•.• ''� $°�' �°4 r. , r`�` - �n�'` pei 0. ount'I'I'lll'ofl'ILos An eles ... �,.alk ,j ri, Z WI J 'AL.. •• '11 Lip Ifl Y :: uII g I I ,TIN, I �� '_ III I'I B m„ IP141111 III�I,Iultlll4lraII . II� I I ILIA. IIII I ,IIII IIIIII: I..l'allll�?kpL�,III., t,... •�:e`'ee g�,.,,..11 IIIIIV• I,V III ..:II'I '...'II IIII�a�11'..I u':r,: dull', I I...,'fI'Ir. I u II' �I,,.,!I,i, ".„,II, I,I II: ,'I'i'I: of :I'J :IIII ll11111 Ill Ill\ 11 IIII I ,, Ic�� IN\r �� .�h�c �I, p I' ryI"�� iJ,lI IIIIII an. I+ I,Ilil 6, I TIIMO In,eSldent Iln,l. Ill'lllllIII ,,III, I\N II I 11111 ll I•,III! IIII I I ll(rg,d m 11:, �''ygl�F i1N1N I.In (wad I III�I'I :�IW,I m\,I,'S�� l Il'I. 4"lI',�el i�I1 Q.�l��I c�.,l!I �I I II, III.IVIIIdII /IIIIIIIII, IIIIIIIIIII,IIInIIII IIII„Ill.dllll,I IIIIId.IIII :IIIIII, ,Jb.t-�1�, ,IIIIIIIII VIIII4 Ilnn� 1:>�VIII IIIII,Id ( u I IIII ru,,un il,llllld ,'IIIIld !I,I II now611„„M I! 11 :,,, ,,,, I u I,nII IIIh : !� l u ^ I,I 'III III II il,l 11'!,.Iv I1I1111"' III I'IIoI ,,IIlulu' 1N\ II P' nlIIII II!glluR'' 'IIIIIIIIIu1!III IIIIIIIIIII Illllll' gN11111 1111VN161IlIlp'I . 1R1111!I;:IIp 0111L ,IuIId1111 IIIIII'/ IdpplgdlN LIJI,,!ll II IIIIIIIIIIi�IIIIIIAIII' oteguglll'Public or otherIlol celtlQlool1111 pierinl�ll'Ittiis certificate vengps onlyll!It�elll''►dehfrty of the ind,v►du r llyvha911slgnedl!�hell;lldocument to IIII II�Il Illumw "auuiuw 'fl!Ilulllr IIIIIIIII which this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company,Texas Bonding Company, United States Surety Company and U.S. Specialty lnsmrarrc ompany who=proved#new tFelasis of satisfactorLev'idence tjb be person whose names=subscrilsa o the within = - __ s_Unfent-nd acknowI ttU rrt&that 3Te Nxecuted the acne ei uth i capacity, ncL_ is � i s a e on the - s ne }ie person, onb e taM)W of which the p rs-on_te ez c he instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ...,...... .„" lll • lIII 11:11\,cLO I, .. +p D.UTTLEF WITNESS my hand and off • I seal. � `-*r` Noury Public CaliforniaI�' _ ll f°l�r•l! icauntY I II1L II° 1 l : �'...r.6•Id , V ,,7007- :u I l 1I IWP, "II, '‘MI, IgiIll' , �II I\\1'III I 011 I,I,I.II. IliIlrII 1 1d1n. l l I (seal) I,,,d IIP ;,mPd!IMYI �I+LII + . h1 202� I,nllI, pIl 0 II II II Il I i 'IIllIII l �IlIIIl�l I. ,lIul II•g 'I i„ ' IIIIII I ldhI „, IIIVIIl IIlI1/II \1In l l� w,I I0 / II,,,1tlol: I I I III' le IIUIIIdiIIuIII. IKJII , ` I I o L d i�� I 1 �1 I I I'boo ,J11II ''I'll, I ,I I , io Lo, Assistant Secretary a' J mencan Contractors Indel .ty Compay Texas Bonding I' tn pa,yl ni States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. Cll,o c I _ . CI Il tries hereof, t- v at i0and and a a-dt a as Companie f e ornia this _ = _ yof � _ _d _ a\ l•, „N\ IIrNlly e ar''„t N ";:r;1we,' Corporate Seals " - - c� !.... ;ye� m�•._...,ow ��, ` r; v..w.....�, Bond No. : � At ue. 0b° � AI Oh. m ,c > of ya <iret wn i .. fp 4 5 ` A en I o. 3501 IL Cm , i.r y ..._ 4Pe sy?` ,...-let An..........-- $ Kio Lo, Ass1yT qS Cretary I QI II\ , p,l:;l / i I Pll: . � 11\\e\ .., �o5 .Il1I1 1 I I..� !I \e ,,l 'I II 1lII 141 b I0II1I I/ Vl 1lI III'Im I'„,I ,0 gI l IIIII I� Ii1I I: 'IIII, I II IIII II LUbrll i :I, . I I, , Ip W°„Ill I1 d � \\,III l4 uIl;p u lI IIII1I I'l ll JI I ,V II IIII II ! I I II III IIl ,,dI, II IdiQIlll �II /III II I IIII I IIII I�IIV III I •1 olIrII:, ''I'I L„, � l III I I III:, Vl ,,,VIVl, ,A I,V",u !I,d :I Jl .11 I II"1Vl !IIIII!dln I ,IIa 1 d L u'II 'VIN ISMANPOA09/2021 I visit tmhcc.com/surety fpr more information L 0._ � N -4- d 'J 0 C L 0 0 - 0 r ca 0 � 0 � J v .• •$ • • kf' Z c .11 r 4° its _5 O Bid Proposal/Quote Date: 12/22/2022 Subject: Glen Mar RV 1 c 0 -1— rsi Customer: Huntington Beach Public Works Attention: Rolcom corporation Contact: Bert Vega 240 N Ott Street Phone: 951.278.1040 S.O.W.: Frontage Road Improvements Corona,CA 92882 Email: bveoa(alrolcomcorp com Office:951-278-1040 Site#: Goldenwest and Betty(Request#269363) Fax:951-278-1387 Scope of Work Item Bid per updated documentaion 12/14/22 2 3 4 5 Customer Provided Materials Item 1 2 3 Description and Costs item Description Quantity Price 1 Price for full install as per bid docs and line item call outs 2 Bid is prevailing wage 3 4 1 5 6 7 8 9 10 Total Cost Total Cost(Labor/ Materials/Equipment) I $1,876,410.00 Clarifications Item 1 Spoils will be dumped at city yard 2 3 4 5 6 7 8 9 10 13-i460/#0Nvhm/'hi