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Home My WebLink AboutAll American Asphalt - 2023-03-21 (2) RECEIVED CB,Y: CITY CLERK RECEIPT COPY M`C Return DUPLICATE to Jam► i r City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH s,..,2) INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: - /g/Li SUBJECT: Bond Acceptance have received the bonds for Al ) AMP 1'1 //li 'Y"1 4Cp) l (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. ( 1 DI3 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 i o„-N5, yr i v 1 1(-C+y v n-vi 9i/ i 13 Re: Tract No. Approved 3/.2i /23 (Council Approval Date) CC No. }/' Agenda Item No. 623 "' 0 7 MSC No. City Clerk Vault No. to 00.50 Other No. SIRE System ID No. 1to2g5c S9 g:/forms/bond transmittal to treasurer • I, Q CITY OF HUNTINGTON BEACH Q1 al INTERDEPARTMENTAL COMMUNICATION DATE: 2/1/2024 TO: THOSE LISTED HEREON FROM: Max Olin, Contract Administrator SUBJECT: Retention Release Payment- PO#29490-OJ Supplier#18176 Co.#213 Zone 2 Residential Overlay, Project#(CC-1701) Contractor's Name: All American Asphalt Address: P.O. Box 2229 City, State and Zip Code: Corona, CA 92878-2229 Phone Number: (951)736-7600 City Business License Number: A016726 Notice of Completion (Date by City Clerk): 1/11/2024 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. 2./ )-/;--qi Date Chau Vu, Director of Public Works I certify that there are no outstanding invoices on file. Date Joycq Zacks, Deputy City Treasurer I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. ga110414-1 4t4146P-at4---- Date Robin Estanislau, City Clerk 'ftri,2 � 7E p riV- Attachments /" 1. Notice of Completion 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder II IIII III I II 11111 I I 10 IOIIO ft NO FEE * $ R 0 0 1 4 7 3 8 7 8 0 $ * 2024000007170 2:12 pm 01111124 PLEASE COMPLETE Till§INFORMATION 376 CRSC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: • CITY OF HUNTINGTON BEACH PUBLIC WORKSDEPARTMENT Max Olin P.O.Box 190-2000 Main Street Huntington Beach,CA.92048 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION • • • NOTICE IS HEREBY GIVEN by the City of Huntington''Beachi,owner in fee,2000 Main Street,Huntington Beach,CA 92848,Ihat•the• contract heretofore awarded to AII'Arnerlpan Asphalt,who Was the company thereon for doing the following work to-wit: Zone 2 Reeldentlal Overlay,Protect#(CC-1701) • That said work was completed 01/0412024 by said company according to plans and specifcations and to the Satisfaction of the City Engineer of the City of Huntingtonfleach end'that said work was accepted by the Director of Public Works on 01/04/2024,per City =: •Council Resotuticn No.2003-70 adopted October 6,2003.. • That upon•said contract(Bond Company Name Here),was surety for the bond given by the said company as required by law. • This document is solely forthe:offlciai business of the city of Huntington Beach,as contemplated under Government Code Section 27383•and should be recorded free of charge. � ltlif(S N / l /v ea... Direc or of or City:Engines Dale City of Huntington Beach,Callfomia STATE OF CALIFORNIA) '311(1 Y� County cif Orange )as: City of-Huntington Beach ) • l;the undersigned,say:I am an Agent of the City•of Huntington Beach,owner in fee,.In the ooregoing.NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the.contents thereof;the'same Is trice of my knowledge. I declare under penalty of perjury'that the foregoing Is true and.correct,arid that said NOTICE OF COMPLETION was duly and • regularly ordered to be recorded In the Office of the County Recorder of Orange County. This doctimentissofely.the official business of / J��2� • the City ofHuntih9ton Beach;as contemplated limier Government code section 27383 and ctor of Publ c'W rks•orCity Engineer Date should be recorded free of charge. City of Huntington Beach,'California 'C-D-yy>, t-te,d rel THIS PAGE IS ADDED TO PROVIDE.ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) • • Bond No.:7670013 • Premium is included in the performance bond . Executed in:2 Counterparts MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: • That All American Asphalt (contractors name) • 400 East Sixth Street, Corona,CA 92879 • (contractor's street address,city and state and zip code) • as Principal(hereinafter called Contractor),and: Fidelity and Deposit Company of Maryland (surety's name) 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 i• (surety's street address,city and state and zip code) a corporation organized and existing under the laws of the State of Illinois with its principal office in the City of Schaumburg as Surety(hereinafter called Surety),are held firmly bound unto CITY OF • HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Four Million Two Hundred Thirty* Dollars ($4,230,120.00 ), equivalent to the entire • contract amount including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, •• executors,administrators,successors,and assigns,jointly and severally,firmly by these presents, *Thousand One Hundred Twenty and 00/100 WHEREAS,Surety is a duly admitted surety insurer under the laws of the State of California;and • Surety is certified and listed in the U.S. Department of the Treasury Circular 570,and able to provide proof of bonding • limitation shown in said circular is sufficient to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M. Best, Moody's,Standard i &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 21 ,2023,entered into a contract with Owner for the Zone 2 Residential Overlay-CC-1701 • in- accordance with drawings and specifications prepared by which contract is by • reference made a part hereof(hereinafter referred to as the Contract);and The Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship;and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a bond executed by a surety duly admitted in the state of California;and • • The Contract has been completed,and the Owner,Contractor and Surety agree that the commencement date for this • Guarantee and Bond shall be VI I ,204' • 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. I • Surety shall save the Owner harmless from any claims,judgments,liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. • • • 15-4584/118138 1 Whenever the Principal shall be, and declared by the Owner to be in default under the Contract,which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below,the Surety shall either: (a)remedy the default or breach by the Principal;or(b)shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a • contractor other than the Principal,at its own expense,and make available as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided,however,that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the • Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to(a)remedy the default(s)of the Principal promptly,or(b)arrange for performance of the Contract promptly by a contractor other than the Principal,time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the,Principal's default(s) or its performance of the Contract. The Surety's obligations for cure or remedy,include but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s)of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s)of its performance of the Work within thirty(30)days after receipt of a written notice from Owner,Surety shall be deemed to be in default on this bond,and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named herein or the successors of Owner. Signed and sealed this 16th day of January ,20 24 Principal Raised Corporate Seal All American Asphalt [MUST BE AFFIXED] (Contractor Name) By: G� �� (Seal) Principal Raised Corporate Seal £GAuX2✓ci J. lac✓IJtr1 i [MUST BE AFFIXED] Yce ?reo? h 'f (Title) Fidelity and Deposit Company of Maryland (Surety Name) By: ,) Rebecca Haas-Bates,Attorney-in-Fact • • APPROVED AS RM: B • NOTES: Ichael E. Ga es, City Attorney '. 1. Acknowledgments must be completed and returned 4 1�I; as part of the bond. `'; 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 15-4584/118138 • 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached.and not the truthfulness.accuracy.or validity of that document. State of California County of Riverside on January 18, 2024 before me, Sarah Amanda Langley, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s}of Signer(s). 9 who proved to me on the basis of satisfactory evidence to be the r SARAH AMANDA LANGLEY person(s) whose name(s) is/are subscribed to the within instrument Notary Public California and acknowledged to me that he/sheA hey executed the same in Riverside County his/hor/theif authorized capacity(ies), and that by his/her/tlheif Commission#2337877 signature(s)on the instrument the person(s), or the entity upon behalf +L,co My Comm.Expires Nov 20,2024 of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the forgoing paragraph is true and correct. WITNESS y hand �and&iI/za ' al seal. Signatuk�;lA Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Maintenance Bond Document Date: 01/16/2024 Number of Pages: 3 Signer(s)Other Than Named Above: Rebecca Haas-Bates, Attorney in Fact Capacity(ies)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: N/A ❑Individual o Individual X Corporate Officer—Title(s): Vice President in Corporate Officer—Title(s): N/A ❑Partner U ❑Limited❑General o Partner❑ ❑Limited❑General RIGHT THUMBPRINT RIGHT THUMBPRINT o Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER Top of thumb here Top of thumb here o Trustee ❑Trustee ❑Other: o Other: N/A Signer is Representing: Signer is Representing: All American As•halt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On 01/16/2024 before me, Alma Karen Hemandez,Notary Public , Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name(.of Signer(`) who proved to me on the basis of satisfactory evidence to be the person* whose name(. is/ace subscribed to the within instrument and acknowledged to me that fie/she/they executed the same in his/her/their authorized capacity es),and that by his/her/their signature4on 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. •.„°•rN ALMA f public HEgf;a EZ WITNESS my hand and official seal. s Notary Public• ,�- -- Orange Co != y.R`� Commission# 8 Signature ' c My Comm.Expires Jan 16,2026 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: Maintenance Bond No.7670013 Document Date: 01/16/2024 Number of Pages: Two(2) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies)Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: El Corporate Officer — Title(s): El Corporate Officer — Title(s): ❑Partner— ❑Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual 2'Attorney in Fact ❑Individual 0 Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: 0 Other. Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may,by written instrument under the attested corporate seal,appoint attorneys-in-fact with authority to execute bonds,policies,recognizances, stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I,the undersigned,Vice President of the ZURICH AMERICAN INSURANCE COMPANY,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 16th day of January , 2024 . ,,ppu,°n"couanY.4 `,gNumlrpiry�' `,`�ON��1L COrq/'�, �i .` 4r ze GO �to par =fV fe�nb;' a O m o SEAL o •=1.1 ¢ SEAL �.,= - SEAL F± .14: ,, '��oip not d" ` - '''4 aW i,,``` 4�'Nggq '�` tr. L 04 itelin Thomas O.McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 reportsfclaims@zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint William SYRKIN,Richard ADAIR,Rebecca HAAS-BATES of Irvine,California, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said —ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and " FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of October,A.D.2023. ",N'a5W11Y Ip,�ry �",p„N'Su,p4: „pm Cu p,q P ?„ -ay, PO 14 °SEAL° o ("SEAL"' €=s (SEAL" =?s 4,0 6g tee= g %'',,,,, a" ..htrai�„o° �r,, ,sir ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President • cdlia By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 11th day of October, A.D.2023, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison t3 :z- GENEVIEVE M.MAISON m Puelt� _ NOTARY PUBLIC BALTIMORE COUNTY,MD % oi1111-c\•$ M/Commission Expires JANUARY27,2025 '',•�C011;,,, �., R nEnu„ Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Bond No.7670013 Executed in 2 Counterparts OWNER CONSENT OF SURETY ARCHITECT ❑ TO FINAL PAYMENT CONTRACTOR ❑ Conforms with the American Institute of SURETY ❑X Architects,AIA Document G707 OTHER ❑ TO OWNER: ARCHITECT'S PROJECT NO.: (Name and address) City of Huntington Beach 2000 Main Street CONTRACT FOR:CC-1701 Huntington Beach,CA 92648 PROJECT: CONTRACT DATED: March 21,2023 (Name and address) Zone 2 Residential Overlay In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (Insert name and address of Surely) Fidelity and Deposit Company of Maryland 777 S.Figueroa Street,Suite 3900 Los Angeles,CA 90017 ,SURETY, on bond of (Insert name and address of Contractor) All American Asphalt 400 East Sixth Street Corona,CA 92879 ,CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) 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: January 16,2024 (Insert in writing the month followed by the numeric date and year.) Fidelity and Deposit Company of Maryland (Surety) Attest: (Signature of authorized representative) Rebecca Haas-Bates,Attorney-in-Fact (Printed name and title) S-2134/GE 10/01 XDP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On 01/16/2024 before me, Alma Karen Hernandez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name( .of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name* is/ace subscribed to the within instrument and acknowledged to me that fie/she/they executed the same in Ns/her/their authorized capacity*),and that by his/her/their signature*on the instrument the person*. or the entity upon behalf of which the person(*acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ALhW KAREN N Notary PublicCaliHERNAforniDEZa Signature Orange County ^" Y Commission 2390908 Signature of Notary Public • L Ica~ My Comm.Expires Jan 16,2026 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: Consent of Surety Bond No.7670013 Document Date: 01/16/2024 Number of Pages: One(1) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies)Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General 0 Partner — ❑ Limited 0 General ❑Individual Cd Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: Cl Other. Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may,by written instrument under the attested corporate seal,appoint attorneys-in-fact with authority to execute bonds,policies,recognizances, stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I,the undersigned,Vice President of the ZURICH AMERICAN INSURANCE COMPANY,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, , this 16th day of January , 2024 . fff $PAI%: ri '', 4, ' ) t � ° 9-1 SEAL E.o SEAL SEAL./ ! _ �> `''rr"ri4u Ota��`, ''rr', �pH,,,,,, ,,r"rrprnllft:et�oss ` Thomas O.McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 reportsfclaims@zurichna.com 800-626-4577 Authenticity of this bond can-be confirmed at bondvalidator.zurichna.com or 410-559-8790 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint William SYRKIN,Richard ADAIR,Rebecca HAAS-BATES of Irvine,California, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of October,A.D.2023. ,`,Gasu3lry,a,4y �",,,111NS(110, `dg Col;, �a `` c�' Raq.',. os a SEAL`e S ig R.V m o=sg o � SEAL <pye�� SEAL ;= s. o``•` ,.,,,Nvoa�,o`` ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND • By: Robert D.ML riay Vice Presrden t Dawn E'$i'owr, —!Secretary State of Maryland County of Baltimore On this 11th day of October, A.D.2023, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison GENEVIEVE M.MAISON - ' PUBLIC., :Z= NOTARY PUBUC 9 afR BALTIMORE COUNTY,MD '., i"•1 21_,� My Commission ,,Commission Expires ' ,Enuu� ",```%�`` n Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC No. 1701 riot Residential Overlay of Maintenance Zone 2-CC No. 1-7-40-• Project: 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 220, day of January , 20 24 , at Corona , California. (Contractor ame) Michael Fark Secretary APPROVED O FO By: Mi ael E. Gates y Attorney 1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC No. 1701 Residential Overlay of Maintenance Zone 2-CC No. I-746 110 Project: The undersigned contractor on the above-referenced project("Project") hereby certifies that it has complied with title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity,national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, color, religion, sex, sexual orientation, gender identity,national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 2.2y4" day of January , 20 24 at Corona , California. (Contractor Name) Michael Farkas, S cretary APPROVED ir By: Mic el E. Gates Ci Attorney 1 CONTRACTOR'S CERTIFICATE 1, Edward J. Carlson , state and certify that: (Name of Declarant) 1. All American Asphalt is the general contractor to the City of Huntington Beach("City") on Contract No. 4 710- 17 O I (the "Contract") for the construction of the public work of improvement entitled: Residential Overlay of Maintenance Zone 2 - CC No. 1710 1-70\ (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** 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Ze.-0A7 C/� on this 22$10L day of Javwia7 , 20 Z`'( . (Signature of Declarant) APPROVED AS ORM Michael Farkas, Secretary Michae . Gates City, ttorney 1 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) !AI, in CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION ,cte, TO: City Treasurer FROM: City Clerk DATE: 2/5'/ SUBJECT: Bond Acceptance I have received the bonds for Al I ) rr 'v I Wi" 1k -E (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. n nl3 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 Corso rr I14 51V1 rolot, 91J1'LD 13. Re: Tract No. Approved 3/21 /2 3 G (Council Approval Date) CC No. ( Ageadm No. c23- O 5 MSC No. City Clerk Vault No. r'01O.5D Other No. SIRE System ID No. L0 1So25F-- g:/forms/bond transmittal to treasurer Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder IIIMIOIIMIIII I I H1 I fl NO FEE * S R 0 0 1 4 7 3 8 7 8 0 $ * 2024000007170 2:12 pm 01111124 PLEASE COMPLETE THIS INFORMATION 376 CRSCO6 N12. 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 RECORDING REQUESTED BY: • • • • WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS:DEPARTMENT Max Olin • 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 1S HEREBY GIVEN by the City of Huntington`Beach,owner in fee,2000 Main Street,Huntington Beach,CA 92648,that the- contract heretofore awarded to AII'American Asphalt,who was the company thereon for doing the following work to-wit Zone 2 Residential Overlay,Project#(CC-1701) • That said work Was completed 01/0412024 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 01/04/2024,per City Council Resolution No.2003-70.adopted October 6,2003.. That upon said contract(Bond Company Name Here),was suretyfor the bond given by the said company as required by law. This document is solelyfor'the:effrclai business of the City of Huntington Beach,as contemplated under Government Code Section 27383-and Should be recorded free of charge. • Dirac or of orCity.Engine Date City of Huntington Beach,California STATE OF CALIFORNIA) ' •T i " i County of Orange •)ssi City of Huntington Beach 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 perjjury•that the foregoing is true and correct,arid that said NOTICE OF COMPLETION was duly'and regularly ordered to be recorded In the Office of the COUnty Recorder of Orange County. r • This document is solely.the Official business Of / • /��,/2 • the City of Huntington Beach;as contemplated D and_ er Government code section 27383 and rector Of Public' rks•or'City Engineer Date should be recorded free of charue. City of Huntington Beach,California N- et THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) . . • RECEIVED .Y: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH Elf INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: //b/b2.3 SUBJECT: Bond Acceptance I have received the bonds for / ' Are' . 70),f (Company Name) r CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 7-1/9-Da3 Payment Bond (Labor and Materials) Bond No. Woe 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 ?'�J!/023 (Council Approval Date) CC No. / p t/ Agenda Item No. - D 3is MSC No. / City Clerk Vault No. ZK U Other No. SIRE System ID No. 1421/5-).7 -, g:/forms/bond transmittal to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND All American Asphalt FOR Residential Overlay of Maintenance Zone 2, CC-1701 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 All American Asphalt , 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 Residential Overlay of Maintenance Zone 2 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: l. 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 Million Three Hundred Eighty-Five Thousand Nine Hundred Fifty Dollars ($ 4,385,950 ), 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 Seventy ( 70 ) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contract.docx—revised 04/2016 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason,relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contract.docx—revised 04/2016 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.docx—revised 04/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of One Thousand ($ 1000 ) 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 All American Asphalt ATTN:Max Olin , Public Works ATTN: Jim McGee 2000 Main Street 400 East Sixth Street Huntington Beach, CA 92648 Corona, CA 92879 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 MA l 4•2/ , 20 a.3 . CONTRACTOR: CITY OF HUNTINGTON BEACH,a municipal corporation the Sta California By: / Ec(wa✓ok -J . Ca✓ �Sc� May 2 (print name) Z742,ut.1ttu) ITS: Chairman/President Vice-President ' City Clerk 0/// 2* (circle one) INITIA D AND APPROV AND By: Director of Publi orks (V1.c hae 1 F&✓KaS (print name) ' v W D ' i D APPRe VED: ITS: _ ecret / Chief Financial Officer / Asst. Secretary/Treasurer (circle one) 111 ..nage APPROVED • `r" I O RM: City Attorney It , 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached.and not the truthfulness.accuracy.or validity of that document. State of California County of Riverside On April 4, 2023 before me, Sarah Amanda Langley,Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson and Michael Farkas 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/.,ho/they executed the same in SEt_,Tti SARAH AMANDA LANGLEY homer/their authorized capacity(ies), and that by his/her/their i� Notary Public•California signature(s) on the instrument the person(s), or the entity upon behalf cw Riverside County Commission#2337877 - of which the person(s)acted,executed the instrument. L=ce' My Comm.Expires Nov 20,2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNES my hand an icial seal. ethSign ture Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document City of Huntington Beach Const. Cont. Document Date: 04/04/2023 Number of Pages: 25 Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: Michael Farkas o Individual ❑ Individual X Corporate Officer—Title(s): Vice President X Corporate Officer—Title(s): Secretary o Partner ❑ ❑ Limited o General o Partner u o Limited ❑General RIGHT THUMBPRINT RIGHT THUMBPRINT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER Top of thumb here Top of thumb here ❑Trustee o Trustee ❑Other: o Other: Signer is Representing: Signer is Representing: All American As•halt All American As•halt FXH/&T 'A t SECTION C PROPOSAL for the construction of ZONE 2 RESIDENTIAL OVERLAY from PROJECT LIMITS CC No. 1701 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 70 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is- accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid,find Bidder's Bond in the amount of 10% which said amount is not less than 10% of the aggregate of the total bid price,as required by the Notice Inviting Sealed Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here,if any: Addenda No. Date Received Bidder's Signature **N/A** C-2 SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC1701 Item Description Quantity Unit Unit Cost Total Cost No. (Extension) r 1 MOBILIZATION INCLUDING CRACK SEALING 1 Ls $280,000 $ 280,000 2 PREPARE STORM WATER POLLUTION PREVENTION PLAN(SWPPP) 1 Ls $2,575 $ 2.575 3 INSTALL&MAINTAIN CONSTRUCTION BMPS 1 LS $ 44.000 $ 44,000 4 CONSTRUCTION PROJECT TRAFFIC CONTROL 1 LS $400,000 $ 400,000 5 TAPERED EDGE COLD MILL AT 0.12'DEPTH PER DETAIL IN SPECIFICATIONS INCLUDING DISPOSAL 88,000 SF $ 0.50 $ 44,000 6 COLD MILL FULL WIDTH OF ASPHALT AT 0.12'DEPTH 2,400,000 SF $ 0.21 $ 504,000 7 COLD MILL FULL WIDTH OF ASPHALT AT 0.17'DEPTH 710,000 SF $ 0.31 $ 220,100 8 INSTALL 1-1/2" (0.12') and 2"(0.17")TYPE III C3-PG- 64-10 ASPHALT CONCRETE OVERLAY 34,500 TN $ 111.00 $ 3,829,500 REPLACE AND ADJUST WATER VALVE COVER TO 9 GRADE 400 EA $ 470.00 $ 188,000- 10 ADJUST CITY SEWER MANHOLE TO GRADE 310 EA $860.00 $ 266,600 REINSTALL ALL EXISTING TRAFFIC STRIPING AND 11 LEGENDS TO COMPLY WITH CURRENT HB CITY STANDARDS. 1 Ls $29,000 $ 29,000 12 ADJUST UTILITY MANHOLE TO GRADE 10 EA $ 445.00 $ 4,450.00 PROVIDE SEWER MANHOLE RING AND COVER TO 13 REPLACE ANY DAMAGED RING OR COVER (ALLOWANCE) 5 EA $835.00 $ 4,175.00 TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A $ 5,816,400.00 i TOTAL BID AMOUNT IN WORDS: Five Million Eight Hundred Sixteen Thousand Four Hundred Dollars C-2.1 SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC1701 Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 SECTION C PROJECT ADDITIVE ALTERNATE SCHEDULE B RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC1701 Item Description Quantity Unit Unit Cost Total Cost No. (Extension) 1 INSTALL 1-1/2" (0.12') and 2"(0.17")ARHM-GG-C PG 64-16(1/2")ASPHALT CONCRETE OVERLAY 34,500 TN $ 136.00 $ 4,692,000 TOTAL BID AMOUNT ADDITIVE ALTERNATE SCHEDULE $ 4.692.000.00 TOTAL BID AMOUNT IN WORDS: Four Million Six Hundred Ninety-Two Thousand Dollars Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items.Additive alternate bid item if selected shall replace bid item 8 in Bid Schedule A. C-2.3 SECTION C PROJECT ADDITIVE ALTERNATE SCHEDULE C RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC1701 Item Description Quantity Unit Unit Cost Total Cost No. (Extension) INSTALL 1-1/2"(0.12') and 2" (0.17")ARHM-GG-D PG 1 64-16(3/8")ASPHALT CONCRETE OVERLAY 34,500 TN $ 141 .00 $ 4,864,500 TOTAL BID AMOUNT ADDITIVE ALTERNATE SCHEDULE $ 4,864,500.00 TOTAL BID AMOUNT IN WORDS: Four Million Eight Hundred Sixty-Four Thousand Five Hundred Dollars Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. Additive alternate bid item if selected shall replace bid item 8 in Bid Schedule A. C-2.4 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 J&S Striping 11 1544 S. Vineyard Ave 538211 C32 1000006912 $27,842 0.50% Ontario, CA 91761 By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoin is true and correct and that this declaration is executed on 1140 , at Col Cft City State Edward J. Carlson , being first duly sworn, deposes and says that he or she is Vice President of All American Asphalt the party making the foregoing bid that the bid is not made in the interest of,or on the behalf of,any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further,that the bidder has not,directly or indirectly, submitted his or her bid price or any breakdown thereof,or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Edward J. Carlson, Vice President , Name of Bidder Sig ature of idder PO Box 2229, Corona, CA 92878 Address of Bidder C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness.accuracy or validity of that document. State of California County of Riverside On January 6, 2023 before me, Kenona Nazari. Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(st of Signer- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that 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. �,f?°,y KENONA NAZARI ^' . Notary Public-California z I certify under PENALTY OF PERJURY under the laws of the State of Riverside County i '�' California that the forgoing paragraph is true and correct. Commission#2318601 ',,ro%'� My Comm.Expires Jan 10,2024 WITNESS ci d official seal. Signatu Place Notary Seal Above Signature of Notary Pu c OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Non-Collusion Affidavit—City of Huntington Beach Bid Proposal Document Date: January 6, 2023 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: o Individual ❑ Individual x Corporate Officer—Title(s): Vice President ❑ Corporate Officer—Title o Partner 1 ❑ Limited a General o Partner 7 ❑ Limited o eneral RIGHT THUMBPRINT RIGHT THUMBPRINT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER o Trustee Top of thumb here Top of thumb here o Trustee o Other: a Other: Signer is Representing: Signer is Representing: All American As shalt ...rH t UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the ZONE 2 RESIDENTIAL OVERLAY, (I)(we)(it)will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be per formed 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. All American Asphalt Contractor By /{{ " Edward J. Carlson, Vice President Title Date: II b / 'i3 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete,under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified,removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 'No If the answer is yes, explain the circumstances in the space provided. **N/A** Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. All American Asphalt Contractor By Edward J. Carlson, Vice President Title Date: I/‘/Z3 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: All American Asphalt Bidder Name PO Box 2229 Business Address Corona, CA 92878 City, State Zip ( 951 ) 736-7600 publicworks@allamericanasphalt.com Telephone Number Email Address 267073 Class A State Contractor's License No. and Class 01/19/1971 Original Date Issued 01/31/2024 Expiration Date The work site was inspected by Jim McGee of our office on January 4 ,2023. The following are persons, firms, and corporations having a principal interest in this proposal: Edward J. Carlson, Vice President Michael Farkas, Secretary Mark Luer, President The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. All American Asphalt Company Name Signature nature Bidder Edward J. Carlson, Vice President Printed or Typed Signature C-8 { �11i,.•.nnwL s»yrr` rrJ:+Qy �i I y:%.jam' t CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the tnithfillness. accuracy. or validity of that document. State of California County of Riverside On January 6. 2023 before me, Kenona Nazari, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Namete?of Signertt- 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. KENONA NAZARI Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of - elz. Riverside County California that the forgoing paragraph is true and correct. ` Commission#2318601 L ro% My Comm.Expires Jan 10,2024 WITNESS my n official seal. Signatu(� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bidders Information - City of Huntington Beach Bid Proposal Document Date: January 6, 2023 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: o Individual o Individual x Corporate Officer—Title(s): Vice President o Corporate Officer—Title(s : o Partner El o Limited o General o Partner 7, o Limited o G eral RIGHT THUMBPRINT RIGHT THUMBPRINT ❑Attorney in Fact OF SIGNER o Attorney in Fact / OF SIGNER o Trustee Top of thumb here F/ Top of thumb here o Trustee / ❑ Other: o Other: / Signer is Representing: Signer is Representing: All American As.halt NOTARY CERTIFICATE Subscribed and sworn to before me this day of , 202_ . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of ) County of ) On before me, Month, Day, and Year Insert Name and Title of Notary personally appeared / Name(s)of Signer(s) who proved to me on the basis of satisfactory evi• -nti; to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowle• ; -d to me that he/she/they executed the same in his/her/their authorized capacity(ies),and v' is/her/their signature(s)on the instrument the person(s), or the entity upon behalf of whic e�erson(s) acted, executed the instrument. I certify under PENALTY OF PERJUR rider the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offi ial seal ;:' �j, Signature Sig i ature of Notary Public (PLACE NOTARY SEAL ABOVE) i / C-9 ALL AM EI:ICAN AS PI AL I jk ‘ 1,1" ALL AMERICAN AGGREGATES 4 ,i51.73.3-;birit' 1 ''• ; 1'; . ALL ANtERICAN 10, , \ -ASPHALT- I AN It), orriirdum,N, itkirjrait CORPORATE RESOLUTION Resolved,that this Corporation,All American Asphalt, on January 3, 2022 authorizes Edward J. Carlson to execute bid proposals, contracts and agreements on behalf of the company in the capacity of Vice President. • _ -Mich_aerSarkas Secretary • • • • • • • =Ca STATE LICENSE OARD IOW MIMI', ACTIVE LICENSE Lions*Humber 267073• • • Buw,.s.N.m.ALL AMERICAN ASPHALT o..akitIonCliA C12 4116. 1!IIJ Flamm. Exo..w.oin 01/31/2024 www.cslb.ca.cov T klaa • • • • - w 1 • • • • Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Overlay Project of multiple residential streets."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. County of Orange; 601 N Ross Street, 4th Floor, Santa Ana, CA 92701 Name and Address of Public Agency Albert Rodriguez Name and Telephone No. of Project Manager: Albert.Rodriguez@OCPW.ocgov.com $2,584,747.69 Pavement Maintenance 08/2020 Contract Amount Type of Work Date Completed Provide additionalproject description to show similar work: JOC Pavement Maintenance 2. City of Huntington Beach: 2000 Main Street, Huntington Beach, CA 92648 Name and Address of Public Agency Name and Telephone No. of Project Manager: Joe Fuentes: 714-536-5259 $5,181,955.00 Arterial Rehabilitation 11/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Arterial Rehabilitation of Graham St, Slater Ave, Newland Street and Atlanta Avenue 3. County of Venutra: 501 Poli Street, Ventura, CA 93001 Name and Address of Public Agency Name and Telephone No. of Project Manager: Christopher Solis; (805) 654-2054 $3,919,808.95 Resurfacing Project 12/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Yerba Buena Resurfacing Project c-10 2021 PAST WORK REFERENCES Colony Commerce Archibald St. Improvements C/O Caprock Partners Contract Amount: $1,949,000.00 1300 Dove Street Suite 200 Start: 12/2019 Newport Beach, CA 92660 Completed: 12/2021 Contact: Eric Nutter(949)428-1400 Ext. 209 enutter@moote.com Lennar Homes Merrill&Haven Street Improvement 25 Enterprise#300 Contract Amount: $1,481,832.15 Aliso Viejo, CA 92656 Start: 6/2020 Contact: Diane Hannon (949)349-8000 Completed: 12/2021 Diane.hannon@lennar.com City of Norco Wayne Makin Park Slurry Seal Project 2870 Clark Ave. Contract Amount: $52,725.89 Norco,AC 92860 Start: 10/2021 Contact:Todd Shank(951)270-5603 Completed: 12/2021 Todd.shank@norco.ca.us Los Angeles Department of Water and Power Pine Tree Power Plant Access Road Repair 111 North Hope Street,L-43 Improvements Los Angeles, Ca 90012 Contract Amount: $810,400.00 Contact: Joelle Morisseau(213) 367-0123 Start: 5/2021 Joelle.morisseau@LADWP.com Completed: 7/2021 City of Dana Point Slurry Seal Project 19/20 33282 Golden Lantern Contract Amount: $1,897,897.00 Dana Point, CA 92629 Start: 04/2020 Contact: Scott Fisher(949)248-3577 Completed: 05/2021 sfisher@DanaPoint.org City of Corona Street Pavement Maintenance 400 South Vicentia &Rehabilitation Project No. 2020.01 Corona, CA 92852 Contract Amount: $3,471,178.00 Contact:Barry Ghaemi (951)736-2400 Start: 6/2021 bghaemi@Coronaca.gov. Completed: 1/2022 2021 PAST WORK REFERENCES City of Anaheim State College Boulevard Improvement 200 S.Anaheim Boulevard from Ball Road to SR 91 Freeway Anaheim, CA 92805 Contract Amount: $484,848.00 Contact: Jose Cortez(714)765-5039 Start: 8/2021 icortez@anaheim.net Complete: 4/2022 County of Orange Rossmoor Collectors Grind&Overlay 601 North Ross Street Contract Amount: $ 2,148,320.90 Santa Ana, CA 92701 Start: 4/2021 Contact: Stephen Clayton(714) 995-0206 Complete: 12/2021 Stephen.clayton@ocpw.ocgov.com City of Norwalk Local Streets Rehabilitation 12700 Norwalk Blvd. Zone 27 East of Gard—No. 7925.3 Norwalk, CA 90650 Contract Amount: $1,051,330.00 Glen W. C. Kau(562) 929-5723 Start: 6/2021 akau@norwalkca.gov Completed: 12/2021 City of Garden Grove Arterial STS. Rehabilitation 11222 Acacia Pkwy Contract Amount: $3,185,281.00 Garden Grove, CA 92840 Start: 6/2022 Navin Mara(714) 741-5180 Complete: 12/2021 mnaru@ggcity.org 2020 PAST WORK REFERENCES City of Ontario 2020 Fall Pavement Rehabilitation Project 303 East B Street Contract Amount: $2,499,333.00 Ontario, CA 91764 Start Date: 07/2020 Contact: Ariana Kern (909) 395-2129 End Date: 12/2020 akern a(�ontarioca.gov City of Loma Linda Pavement Rehabilitation— Barton Road 25541 Barton Road Contract Amount: $768,677.00 Loma Linda, CA 92354 Start Date: 04/2020 Contact: T. Jarb Thaipejr(909) 799-4400 End Date: 12/2020 ithaipeMlomalinda-ca.gov City of Jurupa Valley Granite Hill Drive Pavement Rehabilitation Contract Amount: $999,777.00 8920 Limonite Avenue Start Date: 04/2020 Jurupa Valley, CA 92509 End Date: 10/2020 Contact: Chase Keys (951) 332-6464 ckeys aniurupavalley.orq JOC Pavement Maintenance County of Orange Contract Amount: $2,584,747.69 601 N. Ross Street,4th Floor Start Date: 07/2020 Santa Ana, CA 92701 End Date: 08/2020 Contact: Albert Rodriguez albert.rodriquez(c�ocpw.occ ov.com City of Compton Annual Residential Street Rehabilitation— Phase 1 205 S.Willowbrook Avenue Contract Amount: $5,295,068.00 Compton, CA 90220 Start Date: 05/2020 Contact: Brittany Duhn (Z& K Consultants) End Date: 11/2020 bduhnzandkconsultants.com City of Huntington Beach Arterial Rehabilitation of Graham St, Slater 2000 Main Street Ave, Newland St and Atlanta Ave Contract Amount: $5,181,955.00 Huntington Beach, CA 92648 Start Contact: Joe Fuentes (714) 536-5259 ifuentes0,surfcity-hb.orq EnnddDate:Date: 11/2020 05/2020 2020 PAST WORK REFERENCES City of Newport Beach Cameo Highlands Street Reconstruction Contract Amount: $2,425,694.00 100 Civic Center Drive Start Date: 07/2020 Newport Beach, CA 92660 End Time: 11/2020 Contact: Patricia Kharazmi (949)644-3344 pkharazmi( newportbeachca.gov Citywide Overlay Street Improvements City of Westminster Contract Amount: $1,131,621 8200 Westminster Boulevard Start Date: 02/2020 • Westminster, CA 92683 End Date: 06/2020 Contact: Theresa Tran (714) 548-3460 ttranAwestminster.ca.gov Crescenta Valley Water District Final Paving of Pennsylvania Ave 2700 Foothill Boulevard Contract Amount: $82,620.00 Start Date: 02/2020 La Crescenta-Montrose, CA 91214 End Date: 04/2020 Contact: Brook Yared (818) 236-4117 byared(cr�,cvwd.com City of Alhambra 2020 HUD Street Improvements Project Contract Amount: $300,433.00 111 S. 1 sc Street Start Date: 06/2020 Alhambra, CA 91801 End Date: 10/2020 Contact: Robert Bias (626)580-5000 rbias4citvofalhambra.oro County of Ventura Yerba Buena Rd. (South) Pavement Resurfacing 800 S. Victoria Avenue, #1600 Contract Amount: $2,298,467.40 Ventura, CA 93009 Start Date: 03/2020 Contact: Matt Maechler(805)477-1911 End Date: 06/2020 matthew.maechler(cr�,ventura.oro City of Camarillo Earl Joseph Drive Paving Contract Amount: $681,901.50 601 Carmen Drive Start Date: 06/2020 Camarillo, CA 93010 End Date: 07/2020 Contact: Thang Tran (805)388-5345 ttranCa�cityofcamarillo.ora 2020 PAST WORK REFERENCES City of Norco 2870 Clark Avenue Norco, CA 92860 FY 2019-2020 Slurry Seal Project Contact: Sam Nelson (951) 270-5607 Contract Amount: $147,708.97 snelsonAci.norco.ca.us Start Date: 06/2020 End Date: 12/2020 City of Orange Annual Slurry Seal FY 19-20 Various 300 E. Chapman Avenue Locations Orange, CA 92886 Contract Amount: $377,737.78 Contact: Martin Varona (714)744-5563 Start Date: 06/2020 mvaronaacityoforange.orq End Date: 12/2020 2019 PAST WORK REFERENCES City of Simi Valley Simi Valley Minor Street Rehabilitation 2929 Tapo Canyon Rd. Contract Amount: $510,124.25 Simi Valley, CA 93063 Start Date: 07/2019 Contact: Sarah Sheshebor(805)583-6792 End Date: 08/2019 sshesheb(cr�simivalley.orq County of Ventura Yerba Buena Area Resurfacing Project 501 Poll Street Contract Amount: $3,919,808.95 Ventura, CA 93001 Start Date: 06/2019 Contact: Christopher Solis (805) 654-2054 End Date: 12/2019 ch ris.solis(a7ventura.orq City of Stanton 2019 Citywide Street Resurfacing 7800 Katella Avenue Contract Amount: $1,206,869.00 Stanton, CA. 90680 Start Date: 10/2019 Contact: Guillermo Perez (714) 890-4204 End Date: 12/2019 pperezaci.stanton.ca.us City of Compton Road Repair Service (Pothole Repair) 205 S.Willowbrook Avenue Contract Amount: $1,019,100.00 Compton, CA. 90220 Start Date: 08/2019 Contact: John Strictland (310) 605-5505 End Date: 11/2019 istrictlandc comptoncitv.orq City of San Clemente Street Rehabilitation for S. Avenue LA 910 Calle Negocio Esperanza San Clemente, CA. 92673 Contract Amount: $384,055.00 Contact: Darra Koger(949) 361-3138 Start Date: 09/2019 kogerD(c�san-clemente.orq End Date: 10/2019 City of South Gate Circle Park Driveway Project 8650 California Avenue Contract Amount: $268,576.00 South Gate, CA. 90280 Start Date: 06/2019 Contact: John Rico (323) 563-9594 End Date: 09/2019 jrico a(�sogate.orq 2019 PAST WORK REFERENCES Pardee Homes Railroad Canyon Widening 1250 Corona Pointe Court, Ste. 600 Contract Amount: $5,062,746.00 Corona, CA. 92879 Start Date: 11/2018 Contact: Nick Lasher(951) 428-4442 End Time: 08/2019 nick.lasherApardeehomes.com City of Fontana Citrus Avenue Improvements 8353 Sierra Avenue Contract Amount: $502,730.00 Fontana, CA. 92335 Start Date: 08/2018 Contact: Kimberly Young (909) 350-7632 End Date: 10/2019 kvounq a fontana.orq DR Horton Singlton Road 2280 Wardlow Circle Ste. 100 Contract Amount: $1,684,000.00 Corona, CA. 92880 Start Date: 07/2018 Contact: Keith Alex(951) 830-5872 End Date: 12/2019 kalexAdrhorton.com Irvine Community Development Company Portola Springs PA-6 Enclave 5B Phasel, 2 550 Newport Center Dr. Ste. 550 B2 Contract Amount: $2,055,055.00 Newport Beach, CA. 92660 Start Date: 09/2018 Contact: Mike Morse (949) 720-2560 End Date: 12/2019 City of Downey FY 18/19 Slurry Seal Project 11111 Brookshire Avenue Contract Amount: $313,425.87 Downey, CA. 90241 Start Date: 06/2019 Contact: Desi Gutierrez, (562) 904-7110 End Date: 12/2019 dqutierr(a�downevca.orq 2019 PAST WORK REFERENCES City of Chino Slurry Seal Maintenance Work PO Box 667 Contract Amount: $372,805.00 Chino, CA. 91708 Start Date: 1/2019 Contact: Dustin Postovoit(909) 334-3415 End Date: 12/2019 apostovoit a(�.citvofchino.orq City of Lancaster 2018 Pavement Management Program 44933 Fern Avenue Contract Amount: $2,720,103.65 Lancaster, CA. 93534 Start Date: 3/2019 Contact: Greg Wilson (661) 570-8003 End Date: 12/2019 gwilson(a�citvoflancasterca.orq City of Colton FY 18-19 Asphalt Paving Project 650 N. La Cadena Dr. Contract Amount: $1,377,700.00 Colton, CA. 92324 Start Date: 3/2019 Contact: Victor Ortiz(909) 370-5099 End Date: 11/2019 vortiz a(�coltonca.gov City of Cathedral City Ortega Road Widening • 68700 Ave Lalo Guerrero Contract Amount: $459,998.00 Cathedral City, CA. 92234 Start Date: 2/2019 Contact: John A. Corella (760) 770-0349 End Date: 12/2019 icorella a(�,cathedralcitv.gov City of San Clemente Arterial Street Pavement Maintenance 910 Calle Negocio Contract Amount: $1,187,187.00 San Clemente, CA. 92673 Start Date: 3/2019 Contact: Gary Voborsky (949)361-6132 End Date: 7/2019 voborskvq(a)san-clemente.orq ' 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. Jim McGee Name of proposed Project Manager Telephone No. of proposed Project Manager: (951) 736-7600 Edinger Avenue & Atlanta Avenue Project#CC1565 $2,392,858.55 Pavement Rehabilitation 7/16/2019 Project Name&Contract Amount Type of Work Date Completed Santa Ana Canyon Road Rehab $534,553.00 Road Rehab 12/31/2019 Project Name& Contract Amount Type of Work Date Completed Citywide Overlay Street Improvements $1,131,621.00 Street Improvements 6/14/2020 Project Name& Contract Amount Type of Work Date Completed 2. Rick Selph Name of proposed Superintendent Telephone No. of proposed Superintendent: (951) 736-7600 Firestone Blvd Street Improvements $1,648,493.00 Street Improvements 7/18/2020 Project Name& Contract Amount Type of Work Date Completed Prima Deschecha Land Fill ' $886,663.25 Paving & Grinding 11/3/2019 Project Name& Contract Amount Type of Work Date Completed Bristol Street & Edinger Avenue Class II Bike Lanes $607,839.99 Street Improvements 12/26/2020 Project Name& Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/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 DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. All American Asphalt Contractor By publicworks@allamericanasphalt.com Email Edward J. Carlson, Vice President Date: '/6/2 3 Title PWC Registration#: 1000001051 C-12 Contractor Information Registration History Legal Entity Name Effective Date Expiration Date ALL AMERICAN ASPHALT Legal Entity Type 5/11/2018 6/30/2019 Corporation - - -�--- ----- Status 5/8/2017 6/30/2018 Active Registration Number 5/2/2016 6/30/2017 1000001051 Registration effective date 6/9/2015 6/30/2016 7/1/2020 - - Registration expiration date 8/25/2014 6/30/2015 6/30/2023 Mailing Address 7/1/2019 6/30/2020 PO BOX 2229 CORONA 92878 CA United States... _ - - Physical Address 7/1/2020 6/30/2023 400 E SIXTH ST CORONA 92879 CA United State... - • Email Address Trade Name/DBA License Number(s) CSLB:267073 CSLB:267073 Legal Entity Information Corporation Number: 057879 Federal Employment Identification Number: President Name: MARK LUER Vice President Name: EDWARD J CARLSON Treasurer Name: MICHAEL FARKAS Secretary Name: MICHAEL FARKAS CEO Name: Agent of Service Name: MICHAEL FARKAS Agent of Service Mailing Address: 400 E SIXTH ST CORONA 92879 CA United States of America Workers Compensation Do you lease employees No through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email Insured by Carrier Policy Holder Name:ALL AMERICAN ASPHALTInsurance Carrier: ZURICH AMERICAN INSURANCE COMPANYPolicy Number:WC593205701Inception date: 7/31/2019Expiration Date:8/30/2020 P F D • Fidelity and Deposit Company of Maryland BID BOND KNOW ALL MEN BY THESE PRESENTS:That we, ALL AMERICAN ASPHALT BOND NO. 085 97 423 as Principal,(hereinafter called the"Principal"),and FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,a corporation duly organized under the laws of the State of Illinois ,as Surety,(hereinafter called the"Surety"),are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,(hereinafter called the"Obligee"),in the sum of Ten Percent of Total Amount Bid Dollars($ 10% of Bid ),for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for ZONE 2 RESIDENTIAL OVERLAY-Project No.: 1701 Bid Date: January 12, 2023 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 4th day of January A D 2023 ALL AMERICAN ASPHALT Pri _ Witness (SEAL) pt c,btatt 5c,,e. tar. EdIW /GtJ. risa+.t, V FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By (SEAL) Rebecca Haas-Bates tivrney-in-Fact BID70000ZZO701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the tntthfulness. accuracy. or validity of that document. State of California County of Riverside On January 6. 2023 before me, Kenona Nazari,Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson and Michael Farkas Nam*)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/their 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. KENONA NAZARI Notary Public-California z I certify under PENALTY OF PERJURY under the laws of the State of _ _ Riverside County California that the forgoing paragraph is true and correct. " Commission n 2318601 g g '� My Comm.Expires Jan 10,2024 WITt( my n d�official seal. Signa Place Notary Seal Above Signature of Notary Public 7 OPTIONAL Though the information below is not required by law, it may prove valuable to person relying e document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond—City of Huntington Beach Document Date: January 4, 2023 Number of Pages: 3 Signer(s) Other Than Named Above: Rebecca Haas-Bates, Attorney-in-Fact Capacity(ies)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: Michael Farkas o Individual ❑ Individual X Corporate Officer—Title(s): Vice President X Corporate Officer—Title(s): Secretary o Partner D ❑ Limited ❑General o Partner D o Limited ❑ General RIGHT THUMBPRINT RIGHT THUMBPRINT o Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here ❑Trustee o Other: o Other: Signer is Representing: Signer is Representing: All American As.halt All American As.halt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 - -(` n :rt "�t'y'f",f.(tcC",�(`�S==C�' `..F:�,�:!„•'.`Y`:: -- . _� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On 01/04/2023 before me, L.Gomez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name'of Signerrsl who proved to me on the basis of satisfactory evidence to be the personts). whose name(). is/are subscribed to the within instrument and acknowledged to me that 1 /she/that executed the same in fits/her/tail authorized capacity ), and that by his/her/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 L.GOME2 is true and correct. h,t•,.�tl h r Notary Public•California Orange County WITNESS my hand and official seal. z Commission 4 2413682 •'� My Comm.Expires Aug 23.2026 Signature Signature of Not 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: Bid Bond Document Date: 01/04/2023 Number of Pages: One(1) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: 0 Corporate Officer — Title(s): ❑Corporate Officer — Title(s): Partner — O Limited ❑General ❑ Partner — ❑ Limited O General ❑ Individual ['Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee O Guardian or Conservator ❑Trustee ❑ Guardian or Conservator C Other: O Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 • • EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By- Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of • Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of January , 2023 w c f � sow, 1goe -y By: Brian M.Hodges • Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.rcportsfclaims(azurichna.com 800-626-4577 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint William SYRKIN, Rebecca IHAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California,EACH,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of June,A.D.2019. r o SEAL ,p otpnet ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray :Ys1ir Vice President ��tiN>C�,�g : t94'*1 3>f 'l��? F ra— By: Dawn E.Brown 7-16 4,e6 `. a� Secretary State of Maryland '�'�1 ;4 u St ti **, County of Baltimore On this 11th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officerof the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. bpi tyi:" r, 7 tz i1 /) Ofv.. Constance A.Dunn,Notary Public ��.,�4)i;';l#E3\ My Commission Expires:July 9,2023 7 e DATE(MM/DD/YYYJr)l� —' ACORO CERTIFICATE OF LIABILITY INSURANCE (- ‘--,_-- 7/20/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS °CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Edgewood Partners Insurance Center NAME: Certificates Department P.O. HONE FAX O. Box 5003 (A/C,No,Ext): 559-451-3200 (A/C,No): 925-901-0671 San Ramon, CA 94583 ADDRESS: EPICcertsAepicbrokers.com INSURER(S)AFFORDING COVERAGE NAIC# www.epicbrokers.com CA LICENSE#01329370 INSURERA: Arch Specialty Insurance Company 21199 INSURED INSURER B: Zurich American Insurance Company 16535 All American Asphalt P.O. Box 2229 INSURER c: Great American Insurance Company 16691 Corona CA 92878 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 69372055 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP w LIMITS LTRINSR Vo POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A / COMMERCIAL GENERAL LIABILITY DPC100585606 8/1/2022 8/1/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE / OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $ PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ✓ MT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: B AUTOMOBILE LIABILITY BAP557108810 8/1/2022 8/1/2023 E°accidennt INGLELIMIT $2 000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY (Per accident) $ C UMBRELLA LIAB / OCCUR TUE347483602 8/1/2022 8/1/2023 EACH OCCURRENCE $5,000,000 ,,/ EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED ✓ RETENTION$10,000 Following-Form $ B WORKERS COMPENSATION WC593205709 8/1/2022 8/1/2023 I STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED9 N N/A A PROVED AS TO FORM (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 By: M L E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract No.35239/RE:On Call as Needed Asphalt Paving Services-Major and Secondary Highway Arterial Improvements-R-7131 / Certificate Holder is Additional Insured if Required by Written Contract Excluding Workers Compensation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE ot) I Maleah Cantrell ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 69372055 122 [011 Standard with $5mm XS I Siera Landreth 17/20/2022 8:45:40 AM (PDT) 1 Page 1 of 11 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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) Location(s) Of Covered Operations Or Organization(s): Any person or organization where the Named Any location where required by written contract or Insured has agreed to add as an additional insured agreement, provided the contract or agreement is by written contract or agreement, provided the executed prior to any"occurrence" or offense. contract or agreement is executed prior to any "occurrence" or offense Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is broader than that which you are amended to include as an additional required by the contract or insured the person(s) or organization(s) agreement to provide for such shown in the Schedule, but only with additional insured. respect to liability for "bodily injury", "property damage" or "personal and B. With respect to the insurance afforded to advertising injury" caused, in whole or in these additional insureds, the following part, by: additional exclusions apply: 1. Your acts or omissions; or This insurance does not apply to "bodily injury" or "property damage" occurring 2. The acts or omissions of those after: acting on your behalf; 1. All work, including materials, parts in the performance of your ongoing or equipment furnished in operations for the additional insured(s) at connection with such work, on the the location(s)designated above. project (other than service, maintenance or repairs) to be However: performed by or on behalf of the additional insured(s) at the location 1. The insurance afforded to such of the covered operations has been additional insured only applies to completed; or the extent permitted by law; and 2. That portion of "your work" out of 2. If coverage provided to the which the injury or damage arises additional insured is required by a has been put to its intended use by contract or agreement, the any person or organization other insurance afforded to such than another contractor or additional insured will not be subcontractor engaged in CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 69372055 1 22 (011 Standard with $5mm XS 1 Siera Landreth 1 7/20/2022 8:45:40 AM (PDT) 1 Page 3 of 11 • performing operations for a 1. Required by the contract or principal as a part of the same agreement; or project. 2. Available under the applicable C. With respect to the insurance afforded to Limits of Insurance shown in the these additional insureds, the following is Declarations; added to Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional This endorsement shall not increase the insured is required by a contract or applicable Limits of Insurance shown in agreement, the most we will pay on behalf the Declarations. of the additional insured is the amount of insurance: All other terms and conditions of this policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: DPC100585606 Named Insured: All American Asphalt Endorsement Effective Date: 08/01/2022 REFERENCE: SCHEDULE: Contract No.35239/RE:On Call as Needed Asphalt Paving City of Huntington Beach,its officers,elected or appointed officials, Services-Major and Secondary Highway Arterial Improvements- employees,agents and volunteers R-7131 / CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 69372055 1 22 [01) Standard with $5mm XS 1 Siera Landreth 1 7/20/2022 8:45:40 AM (PDT) 1 Page 4 of 11 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 Any person or organization where the Named Insured All locations where required by contract. has agreed to add as an additional insured by written contract or agreement, provided the contract or agreement is executed prior to any "occurrence" or offense Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is additional insured. amended to include as an additional insured the person(s) or organization(s) B. With respect to the insurance afforded to shown in the Schedule, but only with these additional insureds, the following is respect to liability for "bodily injury" or added to Section III — Limits Of "property damage" caused, in whole or in Insurance: part, by "your work" at the location designated and described in the Schedule If coverage provided to the additional of this endorsement performed for that insured is required by a contract or additional insured and included in the agreement, the most we will pay on behalf "products-completed operations hazard". of the additional insured is the amount of insurance: However: 1. Required by the contract or 1. The insurance afforded to such agreement; or additional insured only applies to the extent permitted by law; and 2. Available under the applicable Limits of Insurance shown in the 2. If coverage provided to the Declarations; additional insured is required by a contract or agreement, the whichever is less. insurance afforded to such additional insured will not be This endorsement shall not increase the broader than that which you are applicable Limits of Insurance shown in required by the contract or the Declarations. agreement to provide for such CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 69372055 1 22 [01] Standard with $5mm XS 1 Siera Landreth 1 7/20/2022 8:45:40 AM (PDT) 1 Page 5 of 11 All other terms and conditions of this Policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: DPC100585606 Named Insured: All American Asphalt Endorsement Effective Date: 08/01/2022 REFERENCE: SCHEDULE: Contract No.35239/RE:On Call as Needed Asphalt Paving City of Huntington Beach,its officers,elected or appointed officials, Services-Major and Secondary Highway Arterial Improvements- employees,agents and volunteers R-7131 / CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 69372055 1 22 [01] Standard with $5mm XS 1 Siera Landreth 1 7/20/2022 8:45.40 AM (PDT) 1 Page 6 of 11 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (1) The additional insured is a Named Condition and supersedes any provision to the Insured under such other insurance; contrary: and Primary And Noncontributory (2) You have agreed in writing in a Insurance contract or agreement that this insurance would be primary and This insurance is primary to and will not would not seek contribution from seek contribution from any other any other insurance available to the insurance available to an additional additional insured. insured under your policy provided that: All other terms and conditions of this policy remain unchanged. REFERENCE: SCHEDULE: Contract No.35239/RE:On Call as Needed Asphalt Paving City of Huntington Beach,its officers,elected or appointed officials, Services-Major and Secondary Highway Arterial Improvements- employees,agents and volunteers R-7131 / Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: DPC100585606 Named Insured:All American Asphalt Endorsement Effective Date:08/01/2022 CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 69372055 1 22 [01] Standard with $5mm XS 1 Siera Landreth 1 7/20/2022 8:45:40 AM (PDT) 1 Page 7 of 11 • COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization where the waiver of our right to recover is permitted by law and is required by written contract or agreement, provided the contract or agreement is executed prior to any occurrence or offense Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer for injury or damage arising out of your ongoing Of Rights Of Recovery Against Others To Us operations or "your work" done under a contract of Section IV—Conditions: with that person or organization and included in the "products-completed operations We waive any right of recovery we may have hazard". This waiver applies only to the person against the person or organization shown in the or organization shown in the Schedule above. Schedule above because of payments we make All other terms and conditions of this policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number:DPC100585606 Named Insured:All American Asphalt Endorsement Effective Date: 08/01/2022 REFERENCE: SCHEDULE: Contract No.35239/RE:On Call as Needed Asphalt Paving City of Huntington Beach,its officers,elected or appointed officials, Services-Major and Secondary Highway Arterial Improvements- employees,agents and volunteers R-7131 / CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 69372055 1 22 [011 Standard with $5mm XS 1 Siera Landreth 1 7/20/2022 8:45:40 AM (PDT) 1 Page 8 of 11 7/20/2022 • POLICY NUMBER: BAP557108810 COMMERCIAL AUTO CA20481013 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: All American Asphalt Endorsement Effective Date:08/01/2022 SCHEDULE Name Of Person(s)Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but SCHEDULE: only to the extent that person or organization qualifies City of Huntington Beach,its officers,elected or appointed officials, as an "insured" under the Who Is An Insured provision employees,agents and volunteers contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc.,2011 Page 1 of 1 69372055 1 22 [01] Standard with $5mm XS 1 Siera Landreth 1 7/20/2022 8:45:40 AM (PDT) 1 Page 9 of 11 7/20/2022 POLICY NUMBER: BAP557108810 COMMERCIAL AUTO CA 04 44 10 13 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: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:All American Asphalt Endorsement Effective Date: 08/01/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the SCHEDULE: person(s) or organization(s) shown in the Schedule, City of Huntington Beach,its officers,elected or appointed officials, but only to the extent that subrogation is waived prior employees,agents and volunteers to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 69372055 1 22 (01) Standard with $5818) XS 1 Siera Landreth 1 7/20/2022 8:45:40 AM (PDT) 1 Page 10 of 11 • WORKERS'COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 . 00 % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND/OR ALL CA OPERATIONS ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION SCHEDULE: REFERENCE: Contract No.35239/RE: On Call as Needed Asphalt Paving City of Huntington Beach,its officers,elected or appointed Services-Major and Secondary Highway Arterial officials,employees,agents and volunteers Improvements-R-7131 / Policy Number: WC593205709 Named Insured: All American Asphalt Endorsement Effective Date: 08/01/2022 WC 252(4-84) WC 04 03 06(Ed.4-84) Page 1 of 1 69372055 1 22 [011 Standard with $5mm XS 1 Siera Landreth 1 7/20/2022 8:45:40 AM (PDT) 1 Page 11 of 11 LIP To: Whom it may concern PO Box 5003 Regarding: Notice of Cancellation San Ramon,CA 94583 Phone: 925.244.7700 Date Issued: 7/20/2022 Fax: 925.901-0244 Email: EPICcerts@epicbrokers.com Named Insured(s): All American Asphalt Policy Number(s): DPC100585606 BAP557108810 CERTIFICATE HOLDER: WC593205709 TUE347483602 City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 Should the above described policy be cancelled before the expiration date thereof, we will mail 30 days written notice to the above referenced Certificate Holder; except, 10 days notice for non-payment of premium. Sincerely, Maleah Cantrell epicbrokers.com edgewood partners insurance center ca license OB29370 69372055 122 [01] Standard with $5mm XS 1 Siera Landreth 1 7/20/2022 8:45:40 AM (PDT) 1 Page 2 of 11 Bond No.7670013 Premium: $17,325.00 Premium is for contract term and is subject to adjustment based on final contract price Executed in:2 Counterparts PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: • tri4HE EAS,City of Huntington Beach(hereafter referred to as"City")has, by written agreement dated u ,2023 entered into a contract with All American Asphalt 400 East Sixth Street, Corona, CA 92879 (name and address of Contractor) (hereinafter referred to as"Principal"),for performance of the work described as follows: Zone 2 Residential Overlay-CC-1701 • (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 Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Four Million Three Hundred Eighty Five Thousand Nine Hundred Fifty and 00/100 Dollars($4,385,950.00 ),this amount being not less than one hundred percent of the price set forth in the Contract,In lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves,our heirs,executors, administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly,fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time;and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as"Obligees")fromany and all losses, liability and damages, claims,judgments,stop notices,fees and costs of every description,whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract,including all alterations,amendments and modifications thereto,and any warranties or guarantees required thereunder,then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration,change,deletion,addition or other modification to the Contract,or the work to be performed thereunder,shall in any way affect,limit,restrict,impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price,and any other alteration,change, deletion,addition or other modification to the Contract,or the work to be performed thereunder, and agrees • • 1 5-5 84/1 1 7 1 74 Bond No. 7670013 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 24,2023 ATTEST All American Asphalt • • (Corpoate Seal) (Principal By: Name:`V I el . . .1. Ce.-1j..-� • Title: . e ?Y Se'd Q vt f • • ATTEST Fidelity and Deposit Company of Maryland _(Corporate Saes) (Surety Name) BY: Rebecca Haas-Bates,Attorney-in-Fact (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) (213) 270-0600 (Area Code&Telephone Number for Surety) APPROVED AS TO F© 1 By: /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. PERFORMANCE BOND Page 2 of 2 15-4584/117174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached.and not the truthfulness.accuracy.or validity of that document. State of California County of Riverside On April 3, 2023 before me, Sarah Amanda Langley,Notary Public , Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s}of Signer(ar 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/ ey executed the same in his/leif authorized capacity(ies), and that by his/ieif r7,7:1:71=6"111'"111-126.ak"IfriAMANDA LANGLEY t signature(s)on the instrument the person(s), or the entity upon behalf _,• ��: Notary Public-Californiaz of which the person(s)acted,executed the instrument. _'. i ,4• c" Riverside County > yr+ Commission#2337877 "* My Comm.Expires Nov 20.2024 r I certify under PENALTY OF PERJURY under the laws of the State of 1.:‘ A' California that the forgoing paragraph is true and correct. WITNESS and and official seal. �� // Si naturt � a i i�i�!� lam/ /s2.3 Place Notary Seal Above g Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Performance Bond Document Date: 03/24/2022 Number of Pages: 3 Signer(s)Other Than Named Above: Rebecca Haas-Bates, Attorney in Fact Capacity(ies)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: N/A ❑Individual o Individual x Corporate Officer—Title(s): Vice President ❑Corporate Officer—Title(s): N/A ❑ Partner u ❑ Limited ❑ General ❑Partner 0 o Limited o General RIGHT THUMBPRINT RIGHT THUMBPRINT o Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER Top of thumb here Top of thumb here o Trustee o Trustee o Other: o Other: N/A \ . Signer is Representing: Signer is Representing: All American As•halt \ e 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 03/24/2023 before me, L. Gomez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Namers,of Signer's. who proved to me on the basis of satisfactory evidence to be the person* whose name(b). is/axe subscribed to the within instrument and acknowledged to me that He/she/they[ executed the same in Ns/her/their authorized capacity ias), and that by his/her/their signatureN.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. ;E`;.�,-„ L.GOMEZ WITNESS myhand and official seal. Notary Public.California s o-p.-.�> = Orange County > - ` Commission"2413682 • «�''jMyCOrflfl1.EXPireSAU2O26 Signature Signature of Not 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: Performance Bond No. 7670013 Document Date: 03/24/2023 Number of Pages: Two(2) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — 0 Limited ❑General ❑ Individual [ 'Attorney in Fact ❑ Individual ❑Attorney in Fact 0 Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may,by written instrument under the attested corporate seal,appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I,the undersigned,Vice President of the ZURICH AMERICAN INSURANCE COMPANY,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company maybe affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 24th day of March,2023 . !i�SEAL' _`�° ''). -ui�SEAL"I�_ s= z= ., r _r{ SEAL r� • 7149 By: ((�� Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 800-626-4577 If your jurisdiction allows for electronic reporting of surety claims,please submit to: reportsfclaimsAzuri chna.com Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 PRF7670013 Bond Number City of Huntington Beach Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"),by Robert D. Murray,Vice President, in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appointRebecca Haas-Bates, its true and lawful agent and Attorney-in-Fact,to make,execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 24th day of March,A.D.2023. •"�G:ui'r Ir ••`s1 COm"'i. ,YIN—fi��a�"••.. ' `•"ear Ueo'''-. � 'PO Isc• OfOPPO�� ? /OP flq' `^':ml�= we w_= _ U m o= ATTEST: wl SEAL = `_r sEALmid_'- _i, SEAL 117, "',"�Yy��•` ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY (� FIDELITY AND DEPOSIT COMPANY OF MARYLAND C /L GG 7�J By: Robert D. Murray By: Dawn E. Brown Vice President Secretary State of Maryland County of Baltimore On this 24th day of March,A.D.2023 ,before the subscriber,a Notary Public of the State of Maryland, duly commissioned and qualified,Robert D.Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. z it — _ �.t-�= jai \//B Iva Bethea,Notary Public n"' My Commission Expires: September 30,2023 GEN00011 Ed.(12/22) Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may,by written instrument under the attested corporate seal,appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I,the undersigned,Vice President of the ZURICH AMERICAN INSURANCE COMPANY,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company maybe affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 24th day of March,2023 . J.cGy,YLTy yv /43%! O%'" .•P4,N,NS� _r( SEAL pi,_ ?of SEAL t9_ i HtIYYOPK, .714 By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 800-626-4577 If your jurisdiction allows for electronic reporting of surety claims,please submit to: reportsfclaims(c4uri chna.com Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Bond No. 7670013 Premium is included in the performance bond Executed in: 2 Counterparts PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City")has awarded to All American Asphalt-400 East Sixth Street, Corona, CA 92879 (name and address of Contractor) (hereinafter referred to as"Principal"),a contract("Contract")for the work described as follows: Zone 2 Residential Overlay-CC-1701 (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 Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 00017 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Four Million Three Hundred Eighty Five Thousand Nine Hundred Fifty and 00/100 dollars($4,385,950.00 ),this amount being not less than one hundred percent(100%)of the total price set forth in the Contract,in lawful money of the United States of America,for the payment of which sum,well and truly to be made,we bind ourselves,and each of our heirs, executors, administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the Principal,his,her,or its heirs,executors, administrators,successors or assigns,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 15-4584/117357 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 24, 2023 ATTEST All American Asphalt (Corporate Seal) (Principal Na ) • K vim/ By: Ed, _ Name: War . rC/a, Jc.n-+ • Title: Vice I�,�G� 1 ATTEST Fidelity and Deposit Company of Maryland • (Corporate Seal) (Surety Name) By:�.bQ,ritet4a Name:Rebecca Haas-Bates,Attorney-in-Fact (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) (213) 270-0600 (Area Code&Telephone Number for Surety) APPROVED AS T©'rURM: B� NJichael E.Gates,'LityAttorney i G 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 ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached.and not the truthfulness.accuracy.or validity of that document. State of California County of Riverside on April 3, 2023 before me, Sarah Amanda Langley,Notary Public , Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(arof Signer(ar 7 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/,hcr/their authorized capacity(ies), and that by his/hcr/thcir ra SARANA ANDA LANGLEY signature(s) on the instrument the person(s), or the entity upon behalf + 7 Notary Public•s .i� ' Riverside CountyCalifornia of which the person(s)acted,executed the instrument. ^ fommission#2337877 I certify under PENALTY OF PERJURY under the laws of the State of My Comm.Expires Nov 20,2024 r California that the forgoing paragraph is true and correct. WITNESS m and/and/official seal. / ,� Signature( �t/r i( /,L�,l�/ ,! 1 -1 L9 Place Notary Seal Above Signature of Notary Public OPTIONAL / Though the information below is not required by law,it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Payment Bond Document Date: 03/24/2022 Number of Pages: 3 Signer(s)Other Than Named Above: Rebecca Haas-Bates, Attorney in Fact Capacity(les)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: N/A ❑Individual o Individual x Corporate Officer—Title(s): Vice President o Corporate Officer—Title(s): N/A ❑ Partner u o Limited o General o Partner ❑ o Limited o General RIGHT THLIMBFRINT RIGHT THUMBPRINT ❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER Top of thumb here Top of thumb here ❑Trustee o Trustee o Other: o Other: N/A Signer is Representing: Signer is Representing: All American As•halt k e 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 03/24/2023 before me, L.Gomez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name($of Signer(* who proved to me on the basis of satisfactory evidence to be the person* whose name(b). is/are subscribed to the within instrument and acknowledged to me that he/she/that[ executed the same in Ns/her/their authorized capacity lIbs), and that by his/her/their signature3.on the instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,. �F,y. L.�oMEz WITNESS my hand and official seal. 4 F^ Notary Public-California s Orange County > Commission 4 2413682 Signature My Comm.Expires Aug 23.2026 Signature of Notary P Ilc 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: Payment Bond No. 7670013 Document Date: 03/24/2023 Number of Pages: Two(2) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: ❑Corporate Officer — Title(s): El Corporate Officer — Title(s): ❑Partner — 0 Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual V Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee Cl Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 PRF7670013 Bond Number City of Huntington Beach Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"),by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appointRebecca Haas-Bates, its true and lawful agent and Attorney-in-Fact,to make,execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN •INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 24th day of March,A.D.2023. ur3•r " INSIIq�"•. ATTEST: ==`iSEALmis=_ _ (SEALmi e� SEAL') i� ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 2{}G(,yam--- By: Robert D. Murray By.• Dawn E. Brown Vice President Secretary State of Maryland County of Baltimore On this 24th day of March,A.D.2023,before the subscriber,a Notary Public of the State of Maryland, duly commissioned and qualified,Robert D.Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. • + aTAq im�yN6 i4jv�i J pJgt,1G ' s � _ Iva Bethea,Notary Public GEN00011 Ed.(12/22) My Commission Expires: September 30,2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may,by written instrument under the attested corporate seal,appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE • I,the undersigned,Vice President of the ZURICH AMERICAN INSURANCE COMPANY,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 24th day of March,2023. ''''%., .`eCw'•, ,,''',, p", e .PP �; � Pqs� N ` ° „�? , ° SEAL' a ' 1SEAL' IV S SEA ", fl %if =,3• ... �., i4 • _.- cPfS, z 'rang By: 9Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 800-626-4577 If your jurisdiction allows for electronic reporting of surety claims,please submit to: reportsfclaims(c),zurichna.com Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 PRF7670013 Bond Number City of Huntington Beach Obligee ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"),by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appointRebecca Haas-Bates, its true and lawful agent and Attorney-in-Fact,to make,execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN 'INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 24th day of March,A.D.2023. •'""'"{ •., .+�90 Core r., J'�'I"SUgt''rry. 'ere cto '.'_ Uf"SEAL'i° ATTEST: __� i f SEAL S y`.,_. b4\.hoc,{' ,= :' •.,„- „" yYOP. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND ). i/7 L By: Robert D. Murray By: Dawn E. Brown Vice President Secretary State of Maryland County of Baltimore On this 24th day of March,A.D.2023 ,before the subscriber,a Notary Public of the State of Maryland, duly commissioned and qualified,Robert D.Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. II gni PtnFo..10 `ae Iva Bethea,Notary Public GEN00011 Ed.(12/22) - My Commission Expires: September 30,2023 Authenticity of this bond can be confirmed at bondvalidator.zuriclma.com or 410-559-8790 �o D Fidelity and Deposit Company of Maryland BID BOND KNOW ALL MEN BY THESE PRESENTS:That we, ALL AMERICAN ASPHALT BOND NO. 085 97 423 as Principal,(hereinafter called the"Principal"),and FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,a corporation duly organized under the laws of the State of Illinois ,as Surety,(hereinafter called the"Surety"),are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,(hereinafter called the"Obligee"),in the sum of Ten Percent of Total Amount Bid Dollars($ 10% of Bid ),for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for ZONE 2 RESIDENTIAL OVERLAY-Project No.: 1701 Bid Date: January 12, 2023 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 4th day of January A.D., 2023 ALL AMERICAN ASPHALT Pri -� Witness (SEAL) 141;c11ac t 7arkay, Sec-t-foxy Ec4W at J. r tson VP FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By (SEAL) Rebecca Haas-Bates _ ,Attorney-in-Fact BID70000ZZO701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached_and not the tnithfiilness accuracy or validity of that document. State of California County of Riverside On January 6, 2023 before me, Kenona Nazari,Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson and Michael Farkas Name(e)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/their 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. •Fry KENONA NAZARI .41 Notary Public•California I certify under PENALTY OF PERJURY under the laws of the State of Riverside County California that the forgoing paragraph is true and correct. :`;V 9 Commission#2318601 L'ro* My Comm.Expires Jan 10,2024 WITr`my n official seal. Signa( Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to person relying e document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond—City of Huntington Beach Document Date: January 4, 2023 Number of Pages: 3 Signer(s)Other Than Named Above: Rebecca Haas-Bates, Attorney-in-Fact Capacity(ies)Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: Michael Farkas o Individual ❑ Individual X Corporate Officer—Title(s): Vice President X Corporate Officer—Title(s): Secretary o Partner❑ o Limited o General o Partner❑ ❑ Limited o General RIGHT THUMBPRINT RIGHT THUMBPRINT ❑Attorney in Fact OF SIGNER o Attorney in Fact OF SIGNER ❑Trustee Top of thumb here ❑Trustee Top of thumb here o Other: ❑Other: Signer is Representing: Signer is Representing: All American As shalt All American As.halt .. ...................... ..... . .............. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On 01/04/2023 before me, L.Gomez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas-Bates Name(of Signer$ who proved to me on the basis of satisfactory evidence to be the persons} whose name(b). is/are subscribed to the within instrument and acknowledged to me that He/she/they[ executed the same in ills/her/their authorized capacity ids),and that by his/her/their signatureN.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 L.GOMEZ is true and correct. Notary Public-California Orange County WITNESS my hand and official seal. Commission It2413682 4 My Comm.Expires Aug 23,2026 Signature Signature of Not 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: Bid Bond Document Date: 01/04/2023 Number of Pages: One(1) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas-Bates Signer's Name: 0 Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 y. EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attornevs-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8,of the By- Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of January 2023 _ t of SEAL By: Brian M.Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfcl aimslcizuri chna.com 800-626-4577 • ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California,EACH,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of June,A.D.2019. .K• �` 18 — SEAL Iwo iv 13 nip l*�P' ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President c-%la,(4h1.- 4 uke).-— By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this l lth day of June, A.D.2019, before the subscriber,a Notary Public of the Stale of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. )..7 / ,) ':�., ,�i•.p ::� Constance A.Dunn,Notary Public "' 4';r,. My Commission Expires:July 9,2023 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) %, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: Lda//023 SUBJECT: Bond Acceptance I have received the bonds for /AC.e-,t-L / At/f (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 7- 0/3 Payment Bond (Labor and Materials) Bond No. q-00/3 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 `3/324423 �l- ' (Council Approval Date) CC No. /V/ Agenda-Item a It No. MSC No. City Clerk Vault No. d d' 67) Other No. SIRE System ID No. 1,02-115)5- "' g:/forms/bond transmittal to treasurer .0cc��N�IN6TC�; City of Huntington Beach / < •„,,,,,P O RA,F .. N. w� - w 4 2000 Main Street ♦ Huntington Beach, CA 92648 • _ s (714) 536-5227 ♦ www.huntingtonbeachca.gov i - i $ \�`cF . •-.' ' 1/ Office of the City Clerk COUNTY• .0'/0� Robin Estanislau, City Clerk April 21, 2023 All American Asphalt Attn: Jim McGee 400 East Sixth Street Corona, CA 92879 Re: Residential Overlay of Maintenance Zone 2—CC No. 1710 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. Sin rely, rifit, 9,6 -elizzeatu) Robin Estanislau, CMC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister City: Anjo, Japan "W.I ANTI N cr City of Huntington Beach � 2000 Main Street ♦ Huntington Beach, CA 92648 1 6- 22 • www.huntin tonbeachca. ov _ C7 4) 53 5 7g g o i ,,•r= Q%1 \��'Lc�•, ,, =�� Office of the City Clerk COUNT`I OPT Robin Estanislau, City Clerk April 24, 2023 All American Asphalt Attn: Jim McGee 400 East Sixth Street Corona, CA 92878 RE: Residential Overlay of Maintenance Zone 2 —CC No. 1701 Enclosed please find your original bid bond for CC No. 1701. Sincerely, • 9.6"/NdUilAd Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan /Ipp(OV.ed 9 -0 NGtp' 2000 Main Street, ti Huntington Beach, CA .�� 92648 �� =Y City of Huntington Beach ��F'F �� \FAQ✓, <OUNTY CP� File #: 23-075 MEETING DATE: 3/21/2023 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: Max Olin, Contract Administrator Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with All American Asphalt in the amount of $4,385,950 for the Residential Zone 2 Overlay Project, CC-1701 Statement of Issue: On January 12, 2023, bids were publically opened for the Residential Zone 2 Overlay Project. City Council action is requested to award the construction contract to All American Asphalt, the lowest responsive and responsible bidder and encumber additional funds for the replacement of concrete curb and gutter and sidewalk. Financial Impact: The total cost of the project is $7,247,569. This total includes the construction contract of $4,385,950 plus ten (10%) construction contingency of $439,050, supplemental expenses of $200,000 for construction management and inspection. Also, an additional $1,500,000 in concrete work will be performed by a separate contractor under a current maintenance services contract. Funds for a majority of this project are available in the current fiscal year budget in the Measure "M" Account 21390029.69365 ($65,000), Gas Tax Account 20790060.82300 ($2,479,182), Prop 42 Account 21990418 ($53,387), Infrastructure Fund Account 31440101.82000 ($2.400.000) Water Fund Account 50685201.82100 ($150,000) and Sewer Fund Account 51185101.82300 ($100,000). Furthermore, staff is requesting an additional appropriation of $2,000,000 in HB Recovery Funds for the remaining difference. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by All American Asphalt construction company in the amount of $4,385,950; and, B) Appropriate $2,000,000 in HB Recovery Funds to Infrastructure Fund Account 31490022.82300, City of Huntington Beach Page 1 of 3 Printed on 3/16/2023 42-9,LegistarT"' File #: 23-075 MEETING DATE: 3/21/2023 and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and direct staff to re-scope the project by reducing project cost and complete half of residential zone 2 maintenance by appropriating $2,750,000. Complete the remaining half of residential Zone 2 by adding this work to the next zone in the fiscal year 2023-2024. Analysis: This project will rehabilitate the pavement for approximately 120 of the worst residential street segments in Maintenance Zone 2 which is the last zone of the 12 Maintenance Zone Program. Maintenance Zone 2 is bounded by Garfield Avenue to the north, The Talbert Channel/City Boundary to the east, Hamilton Avenue to the south, and Bushard Street to the west. Work will include limited localized pavement repairs, crack sealing, cold milling, striping, and an asphalt overlay. The additional concrete work includes the removal and replacement of the most damaged areas of curb and gutter, sidewalk, and driveway approaches. Bids were publicly opened on January 12, 2023, with the following results: BIDDER'S NAME BID AMOUNT All American Asphalt $5,816,400.00 Hardy & Harper $6,166,188.00 Excel Paving $6,495,430.00 RJ Noble Company $6,983,030.00 All American Asphalt has provided acceptable experience on similar projects in the past. In addition, due to budgetary constraints, the original bid from All American Asphalt was reduced by converting some streets from overlay to slurry resulting in an approximately $1,400,000 savings. Therefore, staff recommends awarding a contract to All American Asphalt in the amount of$4,385,950. The original engineers estimate was prepared approximately a year and a half ago and due to the escalation of the price for asphalt and concrete the project is much more expensive than originally budgeted. In addition, there was a lot more concrete work required in this zone than previous zones which also necessitated additional budget. The total cost of the project, including contingency and supplemental expenses, is as follows: Project Costs: Construction Contract $4,385,950 Construction Contingency (10%) $439,050 Soft Cost(Design, Construction Management) $200,000 Concrete $1,500,000 Total $7,247,569 City of Huntington Beach Page 2 of 3 Printed on 3/16/2023 powered Legistar'" File #: 23-075 MEETING DATE: 3/21/2023 Sources of funds for the project are as follows: Measure "M"Account 21390029.69365 $65,000 Gas Tax Account 20790060.82300 $2,479,182 Prop 42 Account 21990418.82300 $53,387 Infrastructure Fund Account 31440101.82000 $2,000,000 Water Fund Account 50685201.82100 $150,000 Sewer Fund Account 51185101.82300 $100,000 Total $4,847,569 Appropriation Requested $2,000,000 Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301(c) of the California Environmental Quality Act. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Vicinity Map 2. 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(111) 0 ■ mlmo UI) a) �/ / /2/20 2 cau5. /2/2'i/z2 //5123 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of ZONE 2 RESIDENTIAL OVERLAY CC No. 1701 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 10:00 A.M. on Thursday, January 12, 2023, 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. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. For electronic submittal of bids, the bid security must be received at the City of Huntington Beach Public Works Office,2000 Main Street,no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows: OFFICIAL BID SECURITY - DO NOT OPEN Project Name: ZONE 2 RESIDENTIAL OVERLAY CC #: 1701 Bid Opening Date: January 12, 2023 at 10:00 A.M. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A, at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: This project will rehabilitate approximately 120 residential streets in Maintenance Zone 2. Maintenance Zone 2 is located in the southeast area of the City and generally includes streets north of Atlanta Avenue, east of Bushard Street, south of Garfield Avenue, and West of the Santa Ana River. Work will include limited localized pavement repairs, crack sealing, tapered edge milling, full width cold mill, and new asphalt overlay. The contract shall allow the Contractor 70 working days to complete the contract. The Notice of Proceed will be issued no later than Monday,March 6,2023 and the working days will commence for this project. There are some constraints with paving coordination to provide parking access for the residents and to work around schools in sessions. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF 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 Switzer, Donna From: Christine Gonzalez <cgonzales@scng.com> Sent: Wednesday, December 21, 2022 9:07 AM To: Switzer, Donna Cc: Olin, Max; Moore,Tania Subject: Re: Request for Publication - NIEB CC No. 1701 -Zone 2 Overlay- Group Account# 5190751 Attachments: 11577939.pdf Cost $1,596.00, pub 12/29, 1/5 HB Wave PLEASE NOTE EARLY HOLIDAY DEADLINES FOR ALL COMMUNITY PAPERS Publication Deadline Thursday Dec. 29th Wed. Dec. 21st at 3pm Thursday Jan. 5th Wed. Dec. 28th at 3pm 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 Tue, Dec 20, 2022 at 5:10 PM Switzer, Donna<Donna.Switzer@surfcity-hb.org>wrote: Hi Chrissy, Please publish the attached NIEB in The Wave, on December 29, 2022 and January 5, 2023. 1 Sincerely, DQviut'Swat .r, CMC Senior Deputy City Clerk-City of Huntington Beach 2000 Main Street-Huntington Beach,CA 92648 (714)374-1649 2 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of ZONE 2 RESIDENTIAL OVERLAY CC No.1701 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH,as AGENCY, invites electronic bids for the above stated proiect and will receive such bids prior to 10:00 A.M.on Thursday,January 12,2023,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?Companv I D=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at: https://www.planetbids.com/portal/portal.cfm?CompanvID=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are available online at www.dir.ca.qov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street,Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race,color, national origin,ancestry,sex,or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY.The bid must be accompanied by a certified check,cashiers check,or bidders bond made payable to the AGENCY for an amount no less than 10%of the amount bid. For electronic submittal of bids,the bid security must be received at the City of Huntington Beach Public Works Office, 2000 Main Street, no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder,and the outside of the envelope must read as follows: OFFICIAL BID SECURITY-DO NOT OPEN Project Name: ZONE 2 RESIDENTIAL OVERLAY CC#: 1701 Bid Opening Date: January 12,2023 at 10:00 A.M. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractors License Class A,at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY.All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Project Description: This proiect will rehabilitate approximately 120 residential streets in Maintenance Zone 2. Maintenance Zone 2 is located in the southeast area of the City and generally includes streets north of Atlanta Avenue,east of Bushard Street,south of Garfield Avenue,and West of the Santa Ana River. Work will include limited localized pavement repairs, crack sealing,tapered edge milling,full width cold mill,and new asphalt overlay. The contract shall allow the Contractor ZQ working days to complete the contract. The Notice of Proceed will be issued no later than Monday, March 6, 2023 and the working days will commence for this proiect. There are some constraints with paving coordination to provide parking access for the residents and to work around schools in sessions. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders. Anv other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to reiect any or all bids,to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH,CALIFORNIA, the Zffi day of June 2022,by Resolution No.2022-28. Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Wave Dec.29,2022 Jan.5,2023 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. 0011577939 HUNTINGTON BEACH, CA 92648-2763 FILE NO. NIEB CC-1701 Section A AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,and not a party to or interested in the above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California;that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 12/29/2022,01/05/2023 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: January 05, 2023. Signature r.LP1-12,15116 1 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of ZONE 2 RESIDENTIAL OVERLAY CC No.1701 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 protect and will receive such bids prior to 10:00 A.M. on Thursday,January 12 2023,on the City's Planet Bids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this protect via the City's PlanetBids System Vendor Portal website at: https://www.planetbids.corniporta Vportal cf m?Company I D=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and Specifications may bed wnloa free at: https://www.planet s.com par a/portal.efm?CnmpanylDm15360, Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents. to be added to the prospective bidders list, and to receive addendum notifications when issued. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are available online at www,dir,ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street,Huntington Beach,CA 92648. The AGENCY will deduct 5%retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263, The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race,color, national origin, ancestry, sex,or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY.The bid must be accompanied by a certified check,cashier's check,or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. For electronic submittal of bids.the bid security must be received at the City of Huntington Beach Public Works Office, 2000 Main Street, no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder,and the outside of the envelope must read as follows: OFFICIAL BID SECURITY-DO NOT OPEN Protect Name;ZONE 2 RESIDENTIAL OVER LAY CC#:1701 Bid Opening Date:January 12,2023 at 10:00 A.M. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A,at the time of the bid opening. The successful 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. Protect Description: This proiect will rehabilitate approximately 120 residential streets in Maintenance zone 2. includes Zone 2 is located in the southeast area of the City and generally streets north of Atlanta Avenue,east of Bushard Street,south of Garfield Avenue, and West of the Santa Ana River, Work will include limited localized pavement repairs, crack sealing,tapered edge milling,full width cold mill,and new asphalt overlay. The contract shall allow the Contractor 70 working days to complete the contract. The Notice of Proceed will be issued no later than Monday, March 6, 2023 and the working days will commence for this protect. There are some constraints with paving coordination to provide parking access for the residents and to work around schools in sessions. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to relect any or all bids,to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 7th day of June 2022,by Resolution No. 2022-28. LP1-12115116 2 paws!: / 'Robin Estanis tau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Wave Dec,2t,2022 Jan,3 2023 rLP1-121sn8 3 UNSUCCESSFUL BIDS CC No. 1701 Residential Overlay of Maintenance Zone 2 City of Huntington Beach or • 6APOAar;.•,. ,�• - �n 2000 Main Street ♦ Huntington Beach, CA 92648 - -- _- (714) 536-5227 • www.huntingtonbeachca.gov Ilk"JO zl • kG •;apeps °o�\�O/1� Office of the City Clerk >C**NTY C '? Robin Estanislau, City Clerk April 21, 2023 Hardy & Harper, Inc. 32 Rancho Circle Lake Forest, CA 92630 RE: Residential Overlay of Maintenance Zone 2— CC No. 1701 Enclosed please find your original bid bond for CC-1701. Sincerely, 10411l, 9A411214141.44) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan l ii+rly c Or t" bt/ CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS Rbr the construction of' ZONE 2 RESIDENTIAL OVERLAY CC No. 1701 in the CITY OF HUNTINGTON BEACH • J . fa „:„., la, 2000 MAIN STREET HUNTINGTON BEACH,CALIFORNIA 92648 (714)536-5431 BIDS ELECTRONICALLY DUDE: January 12,2023 at 10:00 A.M. NO LATER THAN SPECIFIED TIME SEAN CRUMBY, DIRECTOR DEPARTMENT OF PUBLIC WORKS SECTION C PROPOSAL for the construction of ZONE 2 RESIDENTIAL OVERLAY from PROJECT LIMITS CC No. 1701 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 70 working days. starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT, It is agreed that the unit and/or lump sum prices hid 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 ease of discrepancies in the amounts hid, 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 hid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid,find Bidder's Bond in the amount of 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for % ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Kidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC1701 Item Description Quantity Unit Unit Cost Total Cost No, (Extension) 1 MOBILIZATION INCLUDING CRACK SEALING 1 Ls $279,000.00$ 279,000.00 2 PREPARE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) 1 LS $6,360.00 $ 6,360.00 3 INSTALL& MAINTAIN CONSTRUCTION BMPS 1 Ls $20,988.00 $ 20,988.00 4 CONSTRUCTION PROJECT TRAFFIC CONTROL 1 Ls $410,000.00$ 410,000.00 5 TAPERED EDGE COLD MILL AT 0.12'DEPTH PER DETAIL IN SPECIFICATIONS INCLUDING DISPOSAL 88,000 SF $0.28 $ 24,640.00 6 COLD MILL FULL WIDTH OF ASPHALT AT 0.12' DEPTH 2,400.000 SF $0.20 $ 480,000.00 7 COLD MILL FULL WIDTH OF ASPHALT AT 0.17'DEPTH 710,000 SF $0.45 $ 319,500.00 8 INSTALL 1-1/2" (0.12') and 2"(0.17")TYPE III C3-PG- 64-10 ASPHALT CONCRETE OVERLAY 34,500 TN $ 101.00 $3,484,500.00 REPLACE AND ADJUST WATER VALVE COVER TO 9 GRADE 400 EA $830.00 $ 332,000.00 10 ADJUST CITY SEWER MANHOLE TO GRADE 310 EA $2,420.00 $ 750,200.00 REINSTALL ALL EXISTING TRAFFIC STRIPING AND 11 LEGENDS TO COMPLY WITH CURRENT HB CITY STANDARDS. 1 LS $29,500.0C $ 29,500.00 12 ADJUST UTILITY MANHOLE TO GRADE 10 EA $2,420.00 $ 24,200.00 PROVIDE SEWER MANHOLE RING AND COVER TO 13 REPLACE ANY DAMAGED RING OR COVER (ALLOWANCE) 5 EA $1,060.00 $ 5,300.00 TOTAL BID AMOUNT (BASIS OF AWARD)—SCHEDULE A $ 6,166,188.00 TOTAL BID AMOUNT IN WORDS. Six million, one hundred sixty-six thousand, one hundred eighty-eight dollars. C-2.I SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC1701 Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 SECTION C PROJECT ADDITIVE ALTERNATE SCHEDULE B RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC 1701 Item Description Quantity Unit Unit Cost Total Cost No. (Extena O4. • INSTALL 1-1/2" (0.12') and 2" (0.17")ARHM-GG-C PG 64-16(1/2")ASPHALT CONCRETE OVERLAY 34,500 TN $129.00 $4.450,500.00 TOTAL BID AMOUNT ADDITIVE ALTERNATE SCHEDULE $4,450,500.00 TOTAL BID AMOUNT IN WORDS: Four million, four hundred fifty thousand, five hundred dollars. Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. Additive alternate bid item if selected shall replace bid item 8 in Bid Schedule A. C:-2.3 SECTION C PROJECT ADDITIVE ALTERNATE SCHEDULE C RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC1701 Item Description Quantity Unit Unit Cost .TotaI-Cas No. (Extension) INSTALL 1-1/2"(0.12') and 2"(0.17")ARHM-GG-D PG 64-16(3/8")ASPHALT CONCRETE OVERLAY 34,500 TN $133.00 $4,588,500.00 TOTAL BID AMOUNT ADDITIVE ALTERNATE SCHEDULE $ 4,588,500.00 TOTAL BID AMOUNT IN WORDS: Four million, five hundred eighty-eight thousand, five hundred dollars. Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. Additive alternate bid item if selected shall replace bid item 8 in Bid Schedule A. C-2.4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or S10,000, whichever is greater, and the portion of the work to he done by such subcontractor. Bid Name and Address of State class DIR PWC Dollar % of Items Subcontractor License Registration# Amount Contract Number 10, 12 Sancon Technologies 1000008879 $480,000 7.5% lining 5841 Engineer Drive 774055 A only Huntington Beach, CA J&S Striping 11 1544 S. Vineyard Ave 538211 C32 1000006912 $29,000 0.5% Ontario, CA 91761 Pavement Recycling Systems 5-7 10240 San Sevaine Way 569352 A,C12 1000003363 $777,000 12.5% Jurupa Valley, CA MD Rubberized Crackfill 1 32 Rancho Circle 986686 A 1000006438 $229,000 3.5% Lake Forest, CA 92630 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. • C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 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 out/4/2021- at Lake Forest CA Date ("ay State Michael Murray being first duly SWOrtl. deposes and says that he or she is Vice President or arptztjpg_ the party making the foregoing bid that the hid is not made in the interest of,or on the behal rot'.an 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 w ill not pay fee to any corporation. partnership.company association,organization. bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. /Hardy &Harper, Inc. Name of Bidder Sitmatur of Bid Michael Murray, Vice President 32 Rancho Circle, Lake Forest. CA 92630 Address of Bidder ('-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COIINCII. CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: Ube undersigned hereby promises and agrees that in the performance of the work specified in the contract. knon us.the ZONE 2 RESMENTIAL OVERLAY. 1)( 000 w ill employ and utilize only qualified persons, as hereinafter defined. to-work in proximity to any electrical secondary or transmission facilities. I he term "Qualified Person" is defined in .1 itle 8. California Administrative Code. Section 2700, as follows: "Qualified Person: if person who, by reason of experience or instruction, is familiar with the operation to be performed and the&card% involved. the undersigned also promised and agrees that all such ‘kork shall he performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSI IA requirements. The undersigned further promises and agrees that the previsions herein shall be and arc binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Hardy Lk: Hager. Inc. Contractor Michael Murray, Vice President Fide Date: January 4. 2023 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162. the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified. removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes. explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. ('-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 °Idle 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 he insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code. and I \s,ill complywith such pro isions before commencing the performance of the work of this contract. Hardy & Harper, Inc. Contractor B.% Michael Murray, Vice President Fide Date: January 4, 2023 (*-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Hardy& Harper, Inc. Bidder Name 32 Rancho Circle Business Address Lake Forest,CA 92630 City, State Zip ( 714 )444-1851 mmurrayathardyandharper.com Telephone Number Email Address 215952 A, C-8 &C12 State Contractor's License No. and Class 3/13/196.3 Original Date Issued 12/31/2023 Expiration Date ...---, Ihe work site as inspected by tsili t of our office on J Cittual-i I t „ 2022. 'I he follow ine are persons, firms, and corporations having a principal interest in this proposal: Daniel Maas -President Michael Murray- Vice President Tanner Hambright - Vice President Kristen Paulin() -Corporate Secretary The undersigned is prepared to satisfy the Council of the City oil luntington Beach of its ability. financially or otherwise. to perform the contract for the proposed work and improvements in accordance vt ith the plans and specifications set rorth, / / Hardy& Harper. Inc. Company Name Signature ot'Bit Michael Murray_ Vice President Printed or ly ped Signature cs NOTARY CERTIFICATE Subscribed and sworn to befOre me this 4th day of January . /(f.)3 A notary public or other officer completing this certificate verities only the identity of the indi‘idual who signed the document, to which this certificate is attached. and not the truthfulness, arcurae . or N at idit of that document. State of California County of Orange On January 4, 2023 before me. Morgan E. Churnock. Notary Public Month. 1)tiv, and Year Insert Name and Title of Notary personall.v appeared _ Michael Mu ray Name(s)of SignerLs 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 helshethey 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 vOich 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. A;r--1.,:-Ark.&\ MORGAN E:CHORtifNanK Notary Public Ca or la Orange County .47:11 My Comm.isEssiPinrts2Oct377555;0/5 Sienature Sipla Wirtary Public (PLACE NOTARY SEAL ABOVE) ('-4) Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Overlay Project of multiple residential streets."}. 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 live years: l. City of Downey- 11111 Brookshire Avenue, Downey, CA 90241 Name and Address of Public Agency Name and Telephone No. of Project Manager: Desi Gutierrez- (562) 904-7110 $2,875,000.00 Pavement Rehabilitation June 2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Survey, Crack Seal, Slurry Seal, Cape Seal, HMA, ARHM, Cold Mill, PCC, Utility Adjustingi Loops, Striping_and Marking 2. City of Anaheim - 200 S. Anaheim Blvd, Anaheim, CA 92805 Name and Address of Public Agency Name and 'Telephone No. of Project Manager: Lorenzo Rca- (714) 765-6893 $5,806,000.00 Residential Street Improvement March 2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: PCC, Cold Mill, Slurry Seal, AC Paving, Utility Adjusting, Striping and Marking 3. City of Colton- 650 N. La Cadena Drive, Colton, CA 92324 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jess Sotto- (909) 370-5551 $2,627,522.65 Asphalt Paving May 2021 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: PCC, Grinding, AC Paving, Loops, Striping and Marking c-i 0 Hardy & Harper, Inc. Past Project References OWNER/AGENCY CONTACT PROJECT NAME,AMOUNT,&COMPLETION DATE City of Grand Terrace Kaman Dadbeh Pavement Rehab.On Barton Rd,Van Buren St&Vivienda Ave 22795 Barton Road (909)824-6621 Contract Amount:$570.1)00(U) Grand Terrace.CA 92313 kdadhelv:i4:grandterrace-ca.gov Completion Date:September 2(122 City of Downey Desi Gutierrez Residential Street Pavement Rehabilitation Project.Area 1 111 1 1 Brookshire Avenue (562)904-7110 Contract Amount:$2.875.00(1.0(1 Downey.CA 9024 l dgulierr/iaJdowneyca.org Completion Date:June 2022 City of Orange Youichi Nakagawa Prospect&Spring Right Turn Lane Modification Project 300 E.Chapman Avenue (714)744-5572 Contract Amount:5920.000.00 Orange.CA 92866 ynakagawan))cityoforange.org Completion Date:June 2022 City of San Fernando Manuel Fabian Pico Street Improvement Project 1 17 Macneil Street (818)898-1243 Contract Amount:$465.000.00 San Fernando,CA 91340 mfabian(itsfeify.org Completion Date:May 2022 City of Downey [kksi Gutierrez Residential Street Pavement Rehabilitation Project,Area 10 11111 Brookshire Avenue (562)904-71 1(1 Contract Amount:$2355.000.00 Downey,CA 90241 dgutietriidowneyea.org Completion Date. April 2022 City ofJurupa Valley Desiree Flores 2021-22 CDBG Old Mira(Anna Pavement Rehabilitation Project 8930 Limonite Avenue (951)3 32-6464 Contract Amount:$810.000.00 Jurupa Valley,CA 92509 dfloresrivjurupavalley.org Completion Date: April 2(122 City of Anaheim Lorenzo Rea Residential Street Improvement Project-Lotus&Torry,Group 13 200 S Anaheim Blvd (714)765-689 3 Contract Amount:$5.806.0(10.00 Anaheim.CA 92805 Irea(ri anaheun.net Completion Date: March 2022 County of Riverside Hector Davila Fisher Street Resurfacing Project 3525 14th Street 19 5 1 1 955-6885 Contract Amut:$785.56(1.00 Riverside.CA 92501 hedavila'ii;rivco.urg Completion Date:February 2022 City of Chino Bills Carl['asset Village Center Drive Pavement Rehabilitation Project 14000 City Center Drive (909)364-2817 Contract Amount:$4(18,000.00 Chino Hills,CA 91709 chasseliii)chinohillsurg Completion Date:December 2021 Los Angeles County Peter Sanquc Pavement Reconstruction(Sustainable)North LA County 900 S.Fremont Avenue (661)947-7173 Contract Amount:$1.873.929.57 Alhambra.CA 91803 psanque())'pw.lacountv.gav Completion Date. November 2021 City of Loma Linda Jarh Thaipejr Pavement Rehab.on Barton Rd,Bryn Mawr&Orange Grove 25541 Barton Road (909)799-280(1 Contract Amount:$462,590.00 Loma Linda.CA 92354 jthaipejr lomalinda-ca.gov Completion Date: November 2021 City of Norco Sant Nelson Sixth Street Widening 2870 Clark Avenue (95 1 1 270-56(1.7 Contract Amount:$785.00(I.00 Norco,CA 92860 snelsonci.norco.ca.us Completion Date:September 2021 City of Irwindale Luis Pimentel 2020-2(121 Resurfacing Project 5050 N.Irwindale Avenue (626)430-2259 Contract Amount:$544.31 1.93 Irwindale,CA 91706 Ipimentel(ii;irwindaleca.gov Completion Date'May 2(121 City of Brea Steve Kooyman Imperial Highway/Berry St.Intersection Improvements 1 Civic Center Circle (5 311).318-1066 Contract Amount:$579.648.80 Brea,CA 92821 skoovman!ri;intencestgrp.com Completion Date:May 2(12I City of Colton ,less Sotto I'Y 20.21 Asphalt Paving Project 650 N.La C'adena Drive (909)370-555I Contract Amount:$2.695.493.64 Colton,CA 92324 jsotto(0)coltonea.guv Completion Date: May 2(121 City of Burbank Adam Salehi 2020 Street Improvement Project 301 E.Olive Avenue (818)238-3946 Contract Amount:$1,253,099.98 Burbank,CA 91502 asalehiO)burhankca.goy Completion Date:April 2021 City of Oxnard Renee Hatcher Thin Maintenance Overlay Project Phase II(Rebid 2) 300 West Third Street (805)385-8280 Contract Amount.$6,550.000.00 Oxnard,CA 93030 renee.hateheru.oxnarca.org Completion Date:November 2020 City of Moreno Valley Michael Wolfe Citywide Pavement Rehabilitation Program FY 19-20 14177 Frederick Street (951)413-3100 Contract Amount:S4.(180,364.90 Moreno Valley,CA 92552 purchasingdivisitiii'n movaIorg Completion Date: November 2((20 City of Cypress Alex Bam,ean Arterial Rehabilitation Project 230 5275 Orange Avenue (714)229-6740 Contract Amount:$1,042.000.00 Cypress,CA 9063(1 abangean@cypressca.org Completion Date:August 2020 Hardy & Harper, Inc. Past Project References OWNER/AGENCY CONTACT PROJECT NAME.AMOUNT,&COMPLETION DATE City of Banning Art Vela Street Rehabilitation at Various Locations 99 East Ramsey Street (951)922-313(1 Contract Amount:$1,451.000.00 Banning,C'A 92220 avela ir?hanningea.gov Completion Date:March 2020 City of Ontario Bill Braun 2019 Fall Pavement Rehabilitation Project 303 East"B"Street (9(19)395-21)12 Contract Amount:$4.261.000,(10 Ontario,CA 91764 purchasinWontarioca.gov Completion Date:October 2019 City of Pasadena Tony An Preventative Maintenance Services 100 N.Garfield Avenue (626)744-7403 Contract Amount:$2,424,216.00 Pasadena,C'A 91101 tattru)cityofpasudena.net Completion Date:April 2019 City of Downey Edwin Norris CIP No. 18-02 Residential Street Rehab.Project 11111 Brookshire Avenue (562)904-7110 Contract Amount:$1.808.000.00 Downey.CA 90241 cnorris(a downcyea.org Completion Date:March 2019 City of Westminster Marwan N. Youssef Citywide Residential Street Improvements 8200 Westminster Blvd (714)548-346(1 Contract Amount:$1,452.000.00 Westminster,C'A 92683 vejohnsonti;tvesminster-ea.gov Completion Date:February 2019 City of San.Jacinto Kristy 2018 Downtown Pavement Rehabilitation 595 S.San Jacinto Avenue (951)654-3592 Contract Amount:S1,818.000.00 San Jacinto.CA 92583 kristvatrilakeconsultanls.eam Completion Date:January 2019 City of Lancaster Luis Ciaribay 2018 Sidewalk.Curb&Gutter Repairs 44933 Fern Avenue (661)723-6110 Contract Amount:S 1,976,000.00 Lancaster,C'A 93534 lgarihay(iitcityollancaster.org Completion Date:December 2018 City of Diamond Bar Jason Williams Residential&Collector Road Rehabilitation Project 21810 Copley Drive (909)839-705(1 Contract Amount:S 1.551.(100.(10 Diamond Bar,CA 91765 jwi)liams/iediamondharca.gov Completion Date:December 2018 City of Tustin Mario Medina FY 2017-I8 Roadway Rehab.&Sidewalk Repair 300 Centennial Way (949)394-8955 Contract Amount: $1,575.125.00 Tustin,CA 92780 mmedina(ihtustinca.org Completion Date:October 2018 City of Fountain Valley latanaTemory Resurface&Rehab.ol'Euclid St from Slater to Warner 10200 Slater Avenue 1714)593-4433 Contract Amount:$1.077.000.00 Fountain Valley.CA 92708 tatana.temory(u'lbuntainvallcy.org Completion Date:September 2018 City of Pomona Public Works Major Street Improvements 505 South Gamy Avenue (909)620-2261 Contract Amount:$3,839.000.00 Pomona,CA 91766 pwengineering'ici.pomona.ca.us Completion Date:August 2018 City of Rancho Palos Verdes Ron 1)ragoo Residential Street Rehabilitation Project 30940 Hawthorn Blvd (310)544-5252 Contract Amount:$2.227.000.00 Rancho Palos Verdes.C'A 90275 gktvolek/u!Ich.ca.gov Completion Date:May 2(118 City of Burbank Artin Mergerdichian Local/Residential Street Improvement Project 301 E.Olive Avenue (818)238-3800 Contract Amount:S5,33 3.(1(10.00 Burbank,CA 91502 amergerdichianiri.hurhankea.gov Completion Date: May 2018 City of Covina Chris Marearello Grand Ave.Street Rehabilitation No.STPL-5118(020) 125 E.College Street (626)384-5490 Contract Amount:S3.030.000.(l(1 Covina.CA 91723 pw4r.covinaca.gov Completion Date:May 2018 City of Lancaster Luis Ciaribay 2017 Pavement Management Program 17-003 44933 Fern Avenue (661)723-61 10 Contract Amount:$2,727.000.00 Lancaster,C'A 93534 Igaribaycitvoflancaster.org Completion Date:April 2018 City of Dana Point Matthew Sinacori Arterial Roadway Resurface&Pavement Preservation 33282 Golden Lantern (949)248-3500 Contract Amount:$3,993.000.00 Dana Point.CA 92629 msinacori i)danapoint.org Completion Date:January 2018 City of Inglewood Hunter Nguyen Streets and Alleys Rehabilitation Project 1 Manchester Blvd (311))412-5333 Contract Amount:$2,639,330.06 Inglewood.CA 90301 hhunter ii;cityolinglewood.org Completion Date:November 2(117 City of Pasadena Tony An Preventative Maintenance of Streets 2016 100 N.Garfield Avenue (626)744-74(13 Contract Amount:$945.9,32.59 Pasadena,CA 9I 10I tan/a/ciwo fpasadena.net Completion Date:August 2017 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 he under the employment ofthe bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1 • Megan Manlove Name of proposed Project Manager Telephone No. of proposed Project Manager: (714) 393-0113 Please see attached Past Project References Project Name & Contract Amount Type of Work Date Completed Please see attached Past Project References Project Name & Contract Amount Type of Work Date Completed Please see attached Past Project References Project Name & Contract Amount Type of Work Date Completed 2. Dennis Bcylc Name of proposed Superintendent Telephone No. of proposed Superintendent: (714)412-1385 Please see attached Past Project References Project Name & Contract Amount Type of Work Date Completed Please see attached Past Project References Project Name& Contract Amount Type of Work Date Completed Please sec attached Past Project References Project Name &.Contract Amount Type of Work Date Completed c-tl CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SH 854 (eitim...! Labor Code Section 1771.1wH. passed by the California State Senate On June 20,2014.established a ne public works Contractor Registration Program.which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual bask (each July I through Jutie 30 state fiscal year) with the California Department of Industrial Relations(DI R). Currently the annual non-refundable registration fee for Contractors is S300. Each contractor to horn a public works contract has been awarded shall sign the following certificate. DIR F,AC-I• SI IEP:1 on SB854 hup::/ww‘v.dir.ca.govfDLSEIPublicWorks .S138541'actSheet_6.30.14.pdf D1R*s Contractor Registration I.ink -- Call t844) 522-6734 Imps:Pell ing.dir.ca.govIPWC RiActionSerylet?action-d isplay PWCRegistration Form I)IR's Contractor Registration searchable database: hitps:/;e1i ing.dirca.goviM('R'Search.action I am ;mare and ‘.‘ill comply v‘ith the provisions of I.abor Code Section 1771.1(a which states: -A contractor or subcontractor shall not be qualified to bid on. he listed in a bid proposal. subject to the requirements of Section 4104 of the Public Contract Code, or engage in the pertOrmance of any contract for public work, as defined in this chapter. unless currently registered and qualified to perform public work pursuant to Section 17.25.5. 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.- ] furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submiainc the bid. Hardy & Harper. Inc. Contrador 11.v mmurra rd andha er.com Email Michael Murra Vice President 'I itle Date: January 4, 2023 PWC Registration 1000000076 C-I2 I'. MINUTES OF THE SPECIAL MEETING OF HARDY&HARPER,INC. A special meeting of the directors of HARDY & HARPER, INC. was held at the principal office of the corporation, on January L , 2021, at 11:00 a.m. pursuant to the call made by the Secretary and written notice waived by the directors by signing these minutes. Pursuant to the provisions and bylaws, DANIEL MAAS as Chief Financial Officer and KRISTEN PAULINO,as Secretary of the Corporation,presided over the meeting. The purpose of the meeting was to nominate and elect two Vice-Presidents of the Company. Present at the meeting were all of the Directors of the Corporation: DANIEL MAAS KRISTEN S.PAULINO TESSA MAAS DANIEL MAAS was re-elected President and Chief Executive Officer, KRISTEN PAULINO was re-elected Secretary, TANNER HAMBRIGHT was elected Vice-President of Strategic Development,and as Vice-President he is hereby authorized to sign contracts on behalf of the corporation. MICHAEL MURRAY was elected Vice-President/Operations Manager for the corporation with authority to sign contracts on behalf of the corporation and authorized to sign checking and bank accounts on behalf of the corporation where the corporation has established bank and checking accounts. There being no further business it was moved second and carried that the meeting be adjourned. r, ill DATED:January ,202� DANIEL.MAAS,Director/President I.. ` A ISTEN P ULINO,Director/Secretary s 1 3' 'SSA MAA.Director 1 I i i CONTRACTORS d= STATE LICENSE BOARD • ,,t ACTIVE LICENSE r, CORP s��...... HARDY& HARPER INC CiassM„bn,°1 A C-8 C12 F....,.,,,.. 12i3'1i2023 www.cst ?.aov D to 6/23/22,7:33 AM Registrations Contractor Information Registration History Legal Entity Name Effective Date Expiration Date HARDY&HARPER,INC. 06/15/18 06/30/19 Legal Entity Type Corporation 05/09/17 06/30/18 Status 06/08/16 06/30/17 Active Registration Number 06/19/15 06/30/16 1000000076 Registration effective date 07/02/14 06/30/15 07/01/22 07/01/19 06/30/20 Registration expiration date 06/30/23 07/01/20 06/30/21 Mailing Address 32 Rancho Circle Lake Forest 92630 CA United Stat... 07/01/21 06/30/22 Physical Address 07/01/22 06/30/23 32 Rancho Circle Lake Forest 92630 CA United Stat... Email Address cicamen@hardyandharper.com Trade Name/DBA License Number(s) CSLB:215952 CSL8:215952 Legal Entity Information Corporation Entity Number: C0443071 Federal Employment Identification Number: 952251022 President Name: Dan T.Maas Vice President Name: Michael Murray Treasurer Name: Secretary Name: Kristen Paulino CEO Name: Agency for Service: Agent of Service Name: Dan I Maas Agent of Service Mailing Address: 32 Rancho Circle Lake Forest 92630 CA United States of America Worker's Compensation Do you lease employees through Professional Employer Organization(PEO)?: No Please provide your current worker's compensation insurance information below: PEO PEO PEO PEO lnformationName Phone Email Insured by Carrier Policy Holder Name: HARDY&HARPER,INC. Insurance Carrier: OLD REPUBLIC GENERAL INSURANCE CORP Policy Number: Al CWA0013900 Inception date: 04/15/22 Expiration Date: 04/15/23 https:/lcadir.secure.force.com/ContractorSearch/registrationSearchDetails?id=a1 Rt0000004BrbiEAA 1/1 1/12/23,9:24 AM Registrations Contractor Information Registration History Effective Date Expiration Date Legal Entity Name SANCON TECHNOLOGIES, INC 06/14/18 06/30/19 Legal Entity Type Corporation 06/12/17 06/30/18 Status 06/09/16 06/30/17 Active Registration Number 07/02/15 06/30/16 1000008879 Registration effective date 02/09/15 06/30/15 07/01/20 07/01/19 06/30/20 Registration expiration date 06/30/23 07/01/20 06/30/23 Mailing Address 5841 ENGINEER DRIVE HUNTINGTON BEACH 92649 C... Physical Address 5841 ENGINEER DRIVE HUNTINGTON BEACH 92649 C... Email Address kellyw@sancon.com Trade Name/DBA License Number(s) CSLB:774055 CSLB:774055 Legal Entity Information Corporation Entity Number: C2048460 Federal Employment Identification Number: 330884287 President Name: CHUCK PARSONS Vice President Name: GARY DREW Treasurer Name: Secretary Name: CEO Name: Agency for Service: Agent of Service Name: Kelly Williams Agent of Service Mailing Address: 5841 ENGINEER DRIVE HUNTINGTON B Worker's Compensation Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email https://cadir.secure.force.com/ContractorSearch/registrationSearchDetails?id=a1 Rt0000003OA6zEAG 1/2 7/6/22,8:28 AM Registrations Contractor Information Registration History Effective Date Expiration Date Legal Entity Name J&S STRIPING COMPANY,INC. 06/18/18 06/30/19 Legal Entity Type Corporation 06/13/17 06/30/18 Status 06/13/16 06/30/17 Active Registration Number 06/05/15 06/30/16 1000006912 Registration effective date 01/26/15 06/30/15 07/01/22 Registration expiration date 07/01/19 06/30/22 06/30/25 07/01/22 06/30/25 Mailing Address 1544 S.VINEYARD AVE ONTARIO 91761 CA United... Physical Address 1544 5.VINEYARD AVE ONTARIO 91761 CA United.. Email Address jennifer@jssc.biz Trade Name/DBA J&S STRIPING COMPANY,INC. ILicense Number(s) CSLB:538211 Legal Entity Information Corporation Entity Number: C0952189 Federal Employment Identification Number: 953463575 President Name: Robert Aragon Vice President Name: Treasurer Name: Secretary Name: CEO Name: Agency for Service: Agent of Service Name: Robert Aragon Agent of Service Mailing Address: 1544 S.Vineyard Ave Ontario 91761:CA United States of America Worker's Compensation Do you lease employees through Professional Employer Organization(PEO)?: No Please provide your current worker's compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email Insured by Carrier Policy Holder Name: J&S STRIPING COMPANY,INC. Insurance Carrier: Insurance Company of the West Policy Number: WSDS06490100 Inception date: 03/29/22 Expiration Date: 03/29/23 https://cadir.secure.force.com/ContractorSearch/registrationSearchDetails?id=a1 Rt00000048gIsEAI 1/1 5/26/22,8:37 AM Registrations Contractor Information Registration History Effective Date Expiration Date Legal Entity Name PAVEMENT RECYCLING SYSTEMS INC 05/07/18 06/30/19 Legal Entity Type Corporation 05/09/17 06/30/18 Status 05/04/16 06/30/17 Active .._.._. J_ Registration Number 06/08/15 06/30/16 1000003363 _.._ __. ._... .._. . Registration effective date 12/03/14 06/30/15 07/01/20 07/01/19 06/30/20 Registration expiration date 06/30/23 07/01/20 06/30/23 Mailing Address 10240 SAN SEVAINE WAY JURUPA VALLEY 91752 CA... Physical Address 10240 SAN SEVAINE WAY JURUPA VALLEY 91752 CA... Email Address rstewart@pavementrecycling.com Trade Name/DBA PAVEMENT RECYCLING SYSTEMS INC License Number(s) CSLB:569352 CSLB:569352 Legal Entity Information l Corporation Entity Number: C1459029 Federal Employment Identification Number: 330353433 President Name: STEPHEN CONCANNON Vice President Name: ss Treasurer Name: NATHAN BEYLER Secretary Name: STEPHEN CONCANNON CEO Name: Agency for Service: Agent of Service Name: STEPHEN CONCANNON Agent of Service Mailing Address: 10240 SAN SEVAINE WAY JURUPA VALLEY 91752 CA United States of Am( Worker's Compensation Do you lease employees through Professional Employer Organization(PEO)?: No Please provide your current worker's compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email Insured by Carrier Policy Holder Name: PAVEMENT RECYCLING SYSTEMS INC Insurance Carrier: TRAVELERS INDEMNITY COMPANY(THE) Policy Number: UB9K16850A1825K Inception date: 10/01/119 Expiration Date: 10/01/20 https://cadir.secure.force.com/ContractorSearch/registrationSearchDetails?id=a1 Rt0000002hMT3EAM 1/1 7/6/22,8:31 AM Registrations Contractor Information Registration History j Legal Entity Name Effective Date Expiration Date , MD RUBBERIZED CRACKFILL LLC 06/18/18 06/30/19 Legal Entity Type LLC 06/18/18 06/30/19 Status 05/09/17 06/30/18 Active i Registration Number 06/08/16 06/30/17 1000006438 - Registration effective date 06/19/15 06/30/16 07/01/22 01/22/15 06/30/15 Registration expiration date f 06/30/23 07/01/19 06/30/20 f Mailing Address s i 32 Rancho Circle Lake Forest 92630 CA United Stat... 07/01/20 06/30/21 Physical Address 07/01/21 06/30/22 32 Rancho Circle Lake Forest 92630 CA United Stat... } Email Address 07/01/22 06/30/23 cicamen@hardyandharper.com -- - - - -- - -i Trade Name/DBA License Number(s) CSLB:986686 CSLB:986686 Legal Entity Information I Corporation Entity Number: 201306710107 Federal Employment Identification Number: 371717765 Member name(s)_ Member Legal Name: Dan T.Maas Member Legal Entity Type: LLC Agent for service: Agent of Service Name: Dan T.Maas Agent of Service Mailing Address: 32 Rancho Circle Lake Forest 92630'CO United States of America Worker's Compensation Do you lease employees through Professional Employer Organization(PEO)?: No , Please provide your current worker's compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email Insured by Carrier Policy Holder Name: MD RUBBERIZED CRACKFILL LLC Insurance Carrier: OLD REPUBLIC GENERAL INSURANCE CORP Policy Number: A1CAA0013900 Inception date: 04/15/22 Expiration Date: 04/15/23 https://cadir.secure.force.com/ContractorSearch/registrationSearchDetails?id=a1 Rt00000048r14EAA 1/1 Bid Bond Bid Bond Number:CSBA-22778 CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) Hardy&Harper,Inc. Fidelity and Deposit Company of Maryland 32 Rancho Circle 777 South Figueroa Street,Suite 3900 Lake Forest,CA 92630 • Los Angeles,CA 90017 OWNER: This document has important legal consequence (Name,legal status and address) Consultation with City of Huntington Beach An attorney is encouraged with respect to its 2000 Main Street completion or modification. Huntington Beach,CA 92648 Any singular reference to Contractor,Surety,Owner or • other party shall be considered Plural where applicable. BOND AMOUNT: Ten Percent(10%)of the Amount Bid PROJECT:Zone 2 Residential Overlay,CC No. 1701 Project Number,if any: The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 4th day of January.2023 Hardy&Harper,Inc. 4fr (Principal) (Sea!) (WL--/itne s) /Q urn o�.k J (Title)C/Ji ur ay, V/ct Pitt/dv e Fidelity eposit Company of Maryland (Surety) '-• (Sea& aCL 0/NO (Witness) Melissa Ann Vaccaro (Title)Dwight Reilly,Attorney-in-Fact By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers(NASBP)(www.nasbp.org)makes this form document available to its members,affiliates,and • ( associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that NASBP the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 a a _ cv¢i� c t cucr .c�^ c tc�3ocrvQs A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On January 5. 2023 before me, Morgan E. Churnock, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Michael Murray Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(g) is/axe subscribed to the within instrument and acknowledged to me that he/sbfe/tliey executed the same in his/her/their authorized capacity(ie6),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. ��,, MORWN E.CNURNOCK _ W� ��. Notary Public California s• Orange County .fac b* Commission#2377551 Signature My Comm.Expires Oct 5,2025 Sign ure f tary 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: Michael Murray Signer's Name: 0 Corporate Officer — Title(s): vir..P President ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: 0 Other: Signer Is Representing: Signer Is Representing: Hardy&Harper, Inc. ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 01/04/2023 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA ANN VACCARO WITNESS my hand and official seal. COMM.#2401942 N 4-° Notary Public-California LL _ ft j ORANGE COUNTY IL My Comm.Expires May 12,2026 SignatureMo Cv\O (Seal) Melissa Ann Vaccaro Bond No.CSBA-22778 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, • and appoint Daniel HUCKABAY,Frank MORONES,Dwight REILLY,Arturo AYALA,Shaunna ROZELLE OSTROM,Benjamin WOLFE,Chelsea LIBERATORE,Ben STONG,Michael D.STONG,R.NAPPI,Adrian LANGRELL of Orange,California, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 10th day of November„A.D.2022. c sa GOAD hs 4'(PP0Rq;J y �0''P rF i 07 PO...�eh�! a R9 G!tivSEAL") _d;°SEAL }arg°SEAL ib of e -j r —e V' �wwP�� ,:: � , , ''� ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 10th day of November„ A.D.2022, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. JAI jt R lit,Tr�` Constance A.Dunn,Notary Public 'r,t+•ni;;y %.� My Commission Expires:July 9,2023 �Jl+liit114��` . Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4th day of January , 2023 . IU" N lllillll N„,"IH"IH r 'VO'�°F =cs° m mod; F! �poA'�' SEAL ;t SEAL 14 1 SEAL If ` 4` �Vi,,,tlNlllllti `. 714 9 P By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 Ph: 800-626-4577 If your jurisdiction allows for electronic reporting of surety claims,please submit to: reportsfclaims(2 izurichna.com Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 • z W a ▪ Q Q H N W p O o o N O o � WUU -� I uW • N A rn r U W4.4 CA a) U N p U a) U `n Z • H cd on a) O '„' � � pa N a, R Q wo V uR vc `� uw a !.,4°Am W es •oAaoA .••. City of Huntington Beach NTING � , c a,w•••'� ,k`\ 2000 Main Street ♦ Huntington Beach, CA 92648 "` = __-- (714) 536-5227 • www.huntingtonbeachca.gov • \`'LF•: .„' a9:• �o �� Office of the City Clerk COUNTY C 0l Robin Estanislau, City Clerk April 21, 2023 Onyx Paving Company, Inc. 2890 East La Cresta Avenue Anaheim, CA 92806 RE: Residential Overlay of Maintenance Zone 2— CC No. 1701 Enclosed please find your original bid bond for CC-1701. Sincerely, edSeliZZ4A4) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan ,,.�`i i�l A A Document A310 TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Onyx Paving Company, Inc. of business) 2890 East La Cresta Avenue Harco National Insurance Company This document has important legal Anaheim, CA 92806 2400 E. Katella Ave.,#250, consequences.Consultation with OWNER: Anaheim, CA 92806 an attorney is encouraged with (Name, legal status and address) respect to its completion or modification. City of Huntington Beath 2000 Main Street, Any singular reference to Huntington Beach,CA 92648 Contractor,Surety,Owner or BOND AMOUNT: TEN PERCENT OF THE TOTAL AMOUNT BID(10%) other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Project Number,if any: Zone 2 Residential Overlay CC No. 1701 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(I)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and i,,ati 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 co ed as a statutory bond and not as a common law bond. Sign and sealed thi 10th day January,2023. Onyx Pavi Company, Inc. (Principa (Seal) (Wi s) f\sIN(.1 G�la,\cklar (,p (T itle IJati na Ikullga Pigarr y '' o�r�.��.' „((re ) — :L SEAL peal) (Witness) b'.9NNeg Albert Melendez tle) 4* T' Christina o e Attomey-in-Fact Init. MA Document A310",—2010.Copyright C 1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This t document was created on 01/27/2012 07:23:12 under the terms of AIA Documentson-Demand u order no. 2008397483,and is not for resale.This document is licensed by The American Institute of Architects for one-time use only,and may not be reproduced prior to its completion.oats to . 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 JAN 1 0 2023 before me, Melissa A. Lopez,Notary Public , Date Here Insert Name and Title of the Officer personally appeared Christina Rogers Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(z) whose name(s) is/are subscribed to the within instrument and acknowledged to me that Imilshe&mc executed the same in MS Ther/theircauthorized capacity(ies),and that by h/her/ iKsignature(x)on the instrument the person(x), or the entity upon behalf of which the person(x)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 se F�, — tr MELISSAA.LOPEZ - Notary Public-California ! MYCos5 ! SignatureSignature of N tOMM.Expires Jun 28. 2025 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑Partner — 0 Limited ❑General ❑ Individual 0 Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator 0 Other: ❑ Other: Signer Is Representing: Signer Is Representing: L4(✓,,,,,,,,,..✓,4`✓,,,,,,,ii. 4,i!i1,i�✓4<✓i,,.ii�: .i�i e,,,,,,�',,< ..'!4 ,'4 .4 4 -...,,1✓'.<%4sy,.. �'. ,,.., ,,,, :�:q G,,✓6,,,,,,w,,,,,, ©2014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 POWER OF ATTORNEY Bond# N/A-Bid Bond HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group,Headquartered:4200 Six Forks Rd,Suite 1400,Raleigh,NC 27609 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint MELISSA LOPEZ, CHRISTINA ROGERS,ALBERT MELENDEZ,JENNIFER C.ANAYA, ERIK JOHANSSON, JOAQUIN PEREZ Tustin, CA their true and !awful atto.^:ey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attomey is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attomeys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter,being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2020 .,........,.� 1NSUq <0�`jTY ' G STATE OF NEW JERSEY STATE •OF ILLINOIS �O`�ptooK4\0 p9 �IA � County of Essex County of Cook ttt =a: SEAL =p o V SEAL Z F. 12 1904 ea 441 •,v:, �tosa D: 6 1E Kenneth Chapman 4+ . ' 1•* �r Executive Vice President,Harco National Insurance Company ,�''''••.•••'.s� and International Fidelity Insurance Company On this 31st day of December,2020 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. .."��".., IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, ,Q,�'` New Jersey the day and year first above written. Pump dhiAdu '� ..JE Shirelle M Outley a Notary Commission Expires Public res April New Jersey.. ..... YP Pril 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSUP.ILlICE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, January 10th,2023. A02254 Irene Martins,Assistant Secretary VER2 22019 e_POA INSURANCE if GROUP RCO Surety NATIONAL INSURANCE COMPANY Addendum: Usage of e-Seal and e-Signature for Harco and IFIC Surety Bond Forms Harco National Insurance Company and International Fidelity Insurance Company (herein the "Company") have authorized our network of surety partners, as granted under the attached Power of Attorney, stipulated within the terms of a signed Agency Agreement and duly appointed by the Company under a Department of Insurance appointment (where required) within all 50 U.S. States, plus U.S. territories and possessions, to affix an electonic e-seal to all bond documents as if it were a raised corporate seal. This addendum also extends to the use of an e- signature by our appointed surety partners authorized under the Company Power of Attorney. This authority is effective on this day,the 24th of May 2022 and shall remain in place indefinitely unless and until revoked by the Company. Harco National Insurance Company and International Fidelity Insurance Company ••4,NS49 Q.• .aopoa4 c otoTriy; ffit SEAL .S �'' �*�'f t 12,E `�SEAL `' ,^I 43 t saa�a, ▪d !C{NCN`3'fib•" yiEr ttb 441 4 Authorized by: Kenneth Chapman Executive Vice President, Surety CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On January 10.2023 before me, Ashlie Blanchard. Notary Public , Date Here Insert Name and Title of the Officer personally appeared Corey R. Kirschner / Name($)of Signer(/ who proved to me on the basis of satisfactory evidence to be the person(x) whose name(9) is/aye subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(K)on the instrument the person(s), or the entity upon behalf of which the person(x)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. nASHUE BLANCHARD WITNESS my h nd and official seal. COMM.#2279550 M • Notary FGE CCalifornia a ` ;_ � GRANGE COUNTY . a My Comm.Lxpires March 3,2023 Signature jan ii/tA/v' VVV 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 Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 or) X lavon q comfy, IYI� ZKgo E- (,a credo -five,. nhakl m, ( ot 2rbL - Z000 NMU,tin sfilr-wfi huni o '.Much, chi cilLeg o id Se cpri-tv esi dial pv{r is �roec�t mrao: ZohP� r� d J J 0(41-1°1 p°1d tr+n inc� DatfA Tan 1Zfih' 9moocum uur� on X Davin com 'l9, iV L Kqo E- La cresIa -s✓e/ No,16 m, city q 2bbui - Uty be %OcJJG` � V J fi 2000 �tin hgnlrpt\ CAGli1, of-fi UcA se writ/ �SI d�11 a! OVGr va �roec� hay 1°� : zon�i an 12�h Loti� 9 moo cur p�rd ��e�n in� rJat� � `�`� ' �•��NT!N�To�; City of Huntington Beach 111�° Nr pPPORATF •• :� '.;�•��` 2000 Main Street ♦ Huntington Beach, CA 92648 x (714) 536-5227 • www.huntingtonbeachca.gov „o =� �1�� Office of the City Clerk CO.....N•gyp��/o Robin Estanislau, City Clerk April 21, 2023 PALP, Inc. dba Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 RE: Residential Overlay of Maintenance Zone 2—CC No. 1701 Enclosed please find your original bid bond for CC No. 1701. Sincerely, 6q/Afft) qd/e1414,4,44) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan VL& I // u SECTION C PROPOSAL for the construction of ZONE 2 RESIDENTIAL OVERLAY from PROJECT LIMITS CC No. 1701 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 70 working days,starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees,etc.,and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts, and words shall govern over figures. Gl 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. "TEN PERCENT OF iipAQ I 1 kfiU" Accompanying this proposal of bid,find'Z1a h ow) in the amount of winch said amount is not less than 10% of the aggregate of the total bid price,as required by the Notice Inviting Sealed Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond fort' % ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: t, Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC1781 Fitti t s e=a, tgs'�..x� +�'' -j qr ,r w,t a:�r v" :,s,�,a,.« �'�„ 1 MOBILIZATION INCLUDING CRACK SEALING 1 Ls $ 360000 $ 360000 2 PREPARE STORM WATER POLLUTION PREVENTION PLAN(SWPPP) 1 LS $ 4000 $ 4000 3 INSTALL&MAINTAIN CONSTRUCTION BMPS 1 LS $ 12000 $ 12000 4 CONSTRUCTION PROJECT TRAFFIC CONTROL 1 LS $ 125000 $ 125000 5 TAPERED EDGE COLD MILL AT 0.12'DEPTH PER DETAIL IN SPECIFICATIONS INCLUDING DISPOSAL 88,000 SF $ 0.21 $ 18480 6 COLD MILL FULL WIDTH OF ASPHALT AT 0.12'DEPTH 2,400,000 SF $ 0.20 $ 480000 7 COLD MILL FULL WIDTH OF ASPHALT AT 0.17'DEPTH 710,000 SF $ 0.42 $ 298200 8 INSTALL 1-1/2"(0.12') and 2"(0.17")TYPE III C3-PG- 64-10 ASPHALT CONCRETE OVERLAY 34,500 TN $ 117 $ 4036500 REPLACE AND ADJUST WATER VALVE COVER TO 9 GRADE 400 EA $ 1250 $ 500000 10 ADJUST CITY SEWER MANHOLE TO GRADE 310 EA $ 1975 $ 612250 REINSTALL ALL EXISTING TRAFFIC STRIPING AND 11 LEGENDS TO COMPLY WITH CURRENT HB CITY STANDARDS. 1 LS $ 31000 $ 31000 12 ADJUST UTILITY MANHOLE TO GRADE 10 EA $ 1200 $ 12000 PROVIDE SEWER MANHOLE RING AND COVER TO 13 REPLACE ANY DAMAGED RING OR COVER (ALLOWANCE) 5 EA $ 1200 $ 6000 TOTAL BID AMOUNT(BASIS OF AWARD)-SCHEDULE A $ 6,495,430.00 TOTAL BID AMOUNT IN WORDS: Six Million Four Hundred Ninety Five Thousand Four Hundred Thirty Dollars C-2.1 SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC1701 (Vote: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension,the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 SECTION C PROJECT ADDITIVE ALTERNATE SCHEDULE B RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC1701 - . a 1 INSTALL 1-1/2"(0.12') and 2"(0.17")ARHM-GG-C PG 64-16(1121 ASPHALT CONCRETE OVERLAY 34,500 TN $ 142 $ 4899000 TOTAL BID AMOUNT ADDITIVE ALTERNATE SCHEDULE $ 4,899,000.00 TOTAL BID AMOUNT IN WORDS: Four Million Eight Hundred Ninety Nine Thousand Dollars (Vote: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items.Additive alternate bid item if selected shall replace bid item 8 in Bid Schedule A. C-2.3 SECTION C PROJECT ADDITIVE ALTERNATE SCHEDULE C RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC1701 y,�y� 14,�'»_ '' ` "$',.ff � ' � StZ ..-fig, �, K.t'iw INSTALL 1-1/2"(0.12') and 2"(0.17")ARHM-GG-D PG 64-16(3/8")ASPHALT CONCRETE OVERLAY 34,500 TN $ 148 $ 5106000 TOTAL BID AMOUNT ADDITIVE ALTERNATE SCHEDULE $ 5,106,000.00 TOTAL BID AMOUNT IN WORDS: Five Million One hundred Six Thousand Dollars Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension,the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items.Additive alternate bid item if selected shall replace bid item 8 in Bid Schedule A. C-2.4 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 P4,tar� ts c.ecvc‘snt S—`7 sv 000003763 72s62o t l �t1LflMtN. t0IA.(4 5041.1 $ r4.true. 1.6141ri -Witt#PA / ttiPi CA . 'S STatitt40 11 S4v $ vxmc �a pva S3$Zt� 1Ckloc�o#�RI .. 2T$�t2 c� .�i STt2S 'rJe,. ot•ltX1Ai0, LA t to-t3 CSS vT.11-11sr1A 4,1 larsry xr+c. �, t3*tr �,.a ay sr #tc+� `i327 p t©'Ooo'{2Sb IoboSoo lvrzxr AOs. GaAs+,` , CA Rv46eax2 3 c2ac«ftL , (Paatsac) SSA' Jrc- ' °t387-1 C-fit t0000►412. . t242.37 Z GRoctiF.c4.. Bop E waLro.fi A..r,Pvf-weAcc.sed By submission of this proposal,the Bidder certifies: 11111 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is �� true and correct and that this declaration is executed on , ti ,atLONG BEACH , C ►i,IFO ~P..A L`•to City State :�3rt s P. Brown III , being firspjkW itsitormleposes and says that he or she is president of pxr,FL PAVING COMPANY the party making the foregoing bid that the bid is not made in the interest of,or on the behalfOr,any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true;and,further,that the bidder has not,directly or indirectly,submitted his or her bid price or any breakdown thereof,or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association,organization,bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. PALP, INC MA EXCEL PALING COMPANY Name of Bidder Curtis P. Brown ill President ature 2230 LEMON Bidder LONGof BEAC AVE(A 90 8o Address of Bidder C-4 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Los Angeles } On JAN 12 2023 before me, R. Covington-1 Notary Public oars insert name and We eta rtticerl personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/streStkivy executed the same in his/ jr authorized capacity(ies), and that by his/bamitbair 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. COMM #2339692 ri Notary Putalic California Fx t sL' c ,2121. Notary Public Signature (Notary Public Seal) • + ADDITIONAL OPTIONAL INFORMATION This FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT jf needed should be completed and attached to the document.AclEnowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the Cah;forma notary to violate California notary law. (Tale or description of attached document) • State and County information must be the State and County where the document signers)personally appeared before the notary public for acknowledgment. • bate of notarization must be the date that the signer(s)personally appeared which (Title or descdption 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/ere)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. X( Corporate Officer • The notary seal impression must be clear and photographically reproducible. President Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Panne • Signature of the notary public must match the signature on file with the office of Partner(s) the county clerk. o 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 'A 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). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the ZONE 2 RESIDENTIAL OVERLAY,(I)(we)(it)will employ and utilize only qualified persons,as hereinafter defined,to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. PALP: INC tBA EXCEL PAVING COMPANY Contractor By, Curtis P Brown ill President Title Date: JAN 12 2023 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete,under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified,removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ®No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. PALP. INC DBA EXCEL PAVING COMPANY Contractor By Curtis P. Brown III President Title Date: JA22023 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name PALP, INC DBA EXCEL PAVING 2230 LEMON AVE Business Address LONG BEACH, CA 90806 City, State Zip 6 t 52)599-5841 timatinit(toce1Pa&a.iiPe Telephone Number Email Address STATF LIC#688659_ State Contractor's License No. and Class A, C12, C31 Original Date Issued ,1117.402,-9 Expiration ate The work site was inspected by I,0111 cl 016s of our office on t)L11'L3 , 202_. The following are persons,firms,and corporations having a principal interest in this proposal: PALP INC DBA EXCEL PAVING COMPANY Curds P.Brown III President and Chief Executive OMaer Ofioer Stefani A.Moreno Corporate Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PALP INC DBA EXCEL PAVING COMP'\NY Company Name Signature f Bidder Curtis P. Brown III President Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this_day of JAN 12 2023,202_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. State of Cr' .F+ leg' . County of Los Angeles ) On JAN 12 2023 before me, R. ciov►tu Month,Day,and Year Insert Nhie and Title of Notary personally appeared L+U�S h'. brown Ili Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. comm.#233969 c Notdrr, aabhc--CaP rnia �� LL} A EI ES CGir 70 11' R „;, 1 C e n.Kar E L d 202A Signature Signature of No blic (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History SEE ATTACHED For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of(Describe specific work and experience necessary for project. For example, "Overlay Prolect of multiple residential streets."). Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No.of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No.of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: c-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager,and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project.Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. LOWS f o,r. Name of proposed Project Manager SEE ATTACHED Telephone No.of proposed Project Manager: 562)599-5841 Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed 2. cDC. chA,.1o,re,' Name of proposed Superintendent Telephone No.of proposed Superintendent: 562)599-5841 SEE ATTACHED Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed c-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a))),passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.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. PALP. INC DBA EXCEL PAVING COMPANY Contractor Curtis P. Brown I11 �., President By tingeirtanelPavin Email NfittlWr Title Date: JAN 12 2023 PWC Registration#: DIR#1000003331 C-12 ; aim m' w 02$1 -r, � ,A8 . $g j� ' �,� o' �ml §�� N: Qf 1.NEN ;.t l i N3 N;,- N '-r.e�6 V' N Ian V NV4»M'V!»»I 1I 1 ' M»»»»N»»Mf9»»»»Uy»»»»»»»»»'»»»M.. 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I ¢ a LI q�, C' a—(•3g� Z6 rdl•ge eS:�g,4'�i a g .Y3E-, LL LL 5 m 1i $ c: mv,: sue' mr sg u £. X{,IgLLLLLLoc1,m w w w;v m mE •�w �:v v t`� w 1 w w w m F; -z -, c�m-31+1 I n8r.,, wwmmmN .c� ,,,38 g u3 LL.LL ,r,oN war.ggh "l u`yi t,4 ko w e� m ua-o.�, n' n o n 'n-7Lm., $ a ev~i _m e. -un�n Frs'm'N.aii $ ;N m Ev N cCl gl Yf s v` '� i� ` iV �I g1, lj 4S 5� 4 N.r-,�,.-m R': $'ao�.-Niaa INS m� ♦�.- 1 �m,v- Ne`Q tS .7 to ivyg,�QQ7I q • 1st; t : lt ! ' I I Si '��,,77 1 •1l Y. I.Y.�mo'c 1 I a -r $ ' 'c�i 4., le 'c 'O $ ' 11 E`.E� r mi Allig it. �°' 1 _ ,z l 1sis tilli91,„Isi'll:1181,:1:81L8-4,1 ` i I�5. �o "0 �:_ .s:g"Rt >£i i Ellmkt= 8' 8(� m`ad��iC7 rl�;.c:¢ C:LLi§ §�m�cr�4'T� '� FS1„3EO!U ��a 7t. '�-O�;� °�<�. : 1 8 1 �` i r I g a] of :.� ( E K i gE lE c ski 1 m 2 S gI _l .N m 'iQ�� [ �. �tcd mp. �'�, m S :�I 'iQ Wd E C l m zgg,11:c -gi [LiHi _g 2 '�iI E 2IHIIIJ �` roIilIhflhI oil< i <°�< �(�gcE as c o al am ,,vg 1 ll -.�=y,�' g _ y € p 't E m m '1 11 li cm ct.5 . V,w <.,!a am< �,y�yj a+�'(� gg�55�Q�e��[ ... .�Q��tyS1�Q }�7�,`gam `�Q�' ..... ;11-!A i' 1E :ii'uS ti u•S .�25 i,ri�i5 i gi I0k1 1 ` 1 s711111 ! 4 11:1 75' eori e�[ri a6 Bond No. Bid Bond - BID BOND The American Institute of Architects, AlA Document No.A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we PALP Inc.dba Excel Paving Company as Principal hereinafter called the Principal,and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee,hereinafter called the Obligee,in the sum of Ten percent of the total amount of the bid Dollars (S 1 o% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Zone 2 Residential Overlay NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 3rd day of January , 2023 PALP Inc.dba Excel Paving Company l Witness ' (Seal) By y� C is P.Brown III,President N�.� Federal Insurance Company Ste' (Seal) Witness BY ` kw Douglas Rappp Attorney-in-Fact ORSC 21328(5/97) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On January 3, 2023 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person('.)whose name(e) ishare subscribed to the within instrument and acknowledged to me that heleimei4ltey executed the same in hisihen441eir authorized capacity(r*e), and that by hisfheritheir signature(e)on the instrument the person('.), or the entity upon behalf of which the person('.)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ) elorrNFJ DEBRA SWANSON :. COMM. #2335630 NOTARY PUBLIC•CALIFORNIA N ORANGE COUNTY N 4-1 `` MY COMM.EXP.NOV 10,2024_ Signature �}-� .:� ryy (Seal) ) ~ ~ _ ` " _ " _ _ . , CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents,that FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Douglas A.Rapp and Timothy D.Rapp of Ladera Ranch,California each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY p Y have each executed and attested these presents and affixed their corporate nseals /o/(n this Sth day of April,2021. Dawn M.Chlorus.Assistant Secretaryy Stephen II.Haney.Vice President (*) ofp) 4r) w•... (woo fiaq STATE OF NEW JERSEY County of Hunterdon Ss On this Sa. day of April,2021 before me,a Notary Public of New Jersey,personally came Dawn M.Cbloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney,being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal '1 NARY KATHERINE J.ADELAAR _sue 11 NOTARY PUBLIC OP NEW JERSEY PUBLICNo. 6 p f Commission Expires July 16,2024 Notary nubile J CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered Into In the ordinary course of business(each a"Written Commitment"): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-In-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise, to the extent that such action Is authorized bythe grant of powers provided for in such persons written appointment as such attorney-In-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-in- fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified In such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in nuchwritten delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution.and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise val Idly granted or vested," I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (if) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this January 03,2023 raw p C) 1.—M. N ‘ Dawn NI.Chi(u'n is,Assistant Secret:tr IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903.3656 e-mail:surety@chubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev,11-19) CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Los Angeles } On ( '3 - before me, R. Covington Notary Public (I-fere Insert name end title of the officer) personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/acre subscribed to the within instrument and acknowledged to me that he/ offaey executed the same in his/l ( ir authorized capacity(ies), and that by his/box/Omit.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. R.COVINGTON I� WITNESS my hand and official seal. =. COMM.#2339692 �t C ; 4 � Notary Public-California . LL ) - " LOS ANGELES COUNTY IL My Comm.Expires Dec 8,2024 Notary Public Signature (Notary Public Seal)• A 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 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. KC( Corporate Officer • The notary seal impression must be clear and photographically reproducible. President Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. s • 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. + Indicate title or type of attached document,number of pages and date. ❑ Other ? Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. 2230PALP, INCLEMON DBAAVE EXCEL PAVING LONG BEACH,CA 90806 Cii\AI ¶' &L ' JoALs ;C. ZOOD tAct,in St-. t\lAnli+ cJquodis occ1 L\tirL 131'D Set-ui rr �iaders Ana _ -1>c• Cr'va •,aengekia1 ik Nam. Zone Z 170\ t+ o,�,r�y ?(153edr. �' Cf., 1101 /2-,li2Si c : ' I \2 m125 ® to ar , 4/ City of Huntington Beach �0/��NT I N Gr �0 ... cc FORAr .. ° =� E' ''(5)�� 2000 Main Street ♦ Huntington Beach, CA 92648 Fs i - - _ (714) 536-5227 • www.huntingtonbeachca.gov �`'�cF Fe jp9 p =- �lr Office of the City Clerk Co ..... ......... o Robin Estanislau, City Clerk April 21, 2023 R. J. Noble Company 15505 E. Lincoln Avenue P.O. 620 Orange, CA 92856 RE: Residential Overlay of Maintenance Zone 2 —CC No. 1701 Enclosed please find your original bid bond for CC-1701. Sincerely, tZdhet, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan SECTION C PROPOSAL for the construction of ZONE 2 RESIDENTIAL OVERLAY from , PROJECT LIMITS CC No. 1701 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE ;MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: Incompliance 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 70 working days,starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site,plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees,etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts, and words shall govern over figures. C-1. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid,find 10%BID BOND in the amount of which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Electronic Bids, payable to the,AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here,if any: Adtkuda No. Date Received Bidder's Signature C-2 3i SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC17tfl i MOBILIZATION INCLUDING CRACK SEALING 1 $ 500,000.00 $ 500,000.00 PREPARE STORM WATER POLLUTION PREVENTION PLAN(S*PPP) i S,25,000.00 $25,000.00 3 INSTALL&MAINTAIN CONSTRUCTION BMPS $ 40,000.00 $40,000.00 4 CONSTRUCTION PROJECT TRAFFIC CONTROL 1 $ 225,000.00 S 225,000.00 S TAPERED EDGE COLD MILL AT 0.1Z DEPTH PER DETAIL 31,680:00 IN SPECIFICATIONS INCLUDING DISPOSAL 88,000 SF S 0.36 S 6 COLD MILL.FULL WIDTH OF ASPHALT AT 0.12'DEPTH 2.400,000 SF $0.35 $ 840,000.00 7 COLD MILL FULL WIDTH OF ASPHALT AT 0.1T DEPTH } 710,000 SF $0.31 $220,100.00 1 � � e INSTALL 1-1/1"(0.12') and 2"(0.17")TYPE III CI-PG- . 123,00 4 z43soo.00 64-10 ASPHALT CONCRETE OVERLAY 34,500 TN $ $ REPLACE AND ADJUST WATER VALVE COVER TO 9 GRADE 400 EA $854.00 $ 340,000,00 ADJUST CITY SEWER MANHOLE TO GRADE 10 310 EA S I,Sa0.00 $ 465,000.00 REINSTALL ALL EXISTING TRAFFIC STRIPING AND i1 LEGENDS TO COMPLY WITH CURRENT HE CITY STANDARDS. i i L$ $39,000.00 $ 39,000.00 12 ADJUST UTILITY MANHOLE TO GRADE 1 0 EA $ 825.00 $w8,250.00 PROVIDE SEWER MANHOLE RING AND COVER TO 13 - REPLACE ANY DAMAGED RING OR COVER (ALLOWANCE) I 5 EA S ,10a.0a $ 5,500.00 $ 6,983,030.00 TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A TOTAL BID AMOUNT IN WORDS: six million nine hundred eighty three thousand thirty dollars&no cents C-2.1 91 1 SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CCI701 Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension,the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 SECTION C PROJECT ADDITIVE ALTERNATE SCHEDULE B RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC1781 INSTALL.i-lir(O.12') and 2"{O.1Y)ARHIN-GG4 PG 64-ia(1/2')ASPHALT CONCRETE OVERLAY 34,5QC} TN $155.00 s,3�z,s .on TOTAL BID AMOUNT ADDITIVE ALTERNATE SCHEDULE $ 5,347,500.00 TOTAL BID AMOUNT IN WORDS: five million three hundred forty seven thousand five hundred dollars&no cents light All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension,the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items.Additive alternate bid item If selected shall replace bid item 8 in Bid Schedule A. C-2.3 SECTION C PROJECT ADDITIVE ALTERNATE SCHEDULE C RESIDENTIAL OVERLAY MAINTENANCE ZONE 2 CC1701 INSTALL 4/7R(0•12'y and 2"(0.17'"y ARHM-GG-t PG 160.00 84-18(318")ASPHALT CONCRETE OVERLAY 34,500 m S $ 5,520,000.00 TOTAL BID AMOUNT ADDITIVE ALTERNATE SCIiDUi $ 5,520,000 00 TOTAL BID AMOUNT IN WORDS: five million five hundred twenty thousand dollars&no rents AN extensions of unit prices will be subject verificationto; by Owner. in case verification is required between the unit price and the extension,the unit price will govern: The Owner reserves the right to reject any or all proposals and bid items.Additive alternate bid item if selected shall replace bid item 8 in Bpi Schedule A. 1 C-2A 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 contact in an amount in excess of onnealf of one percent of the total bid or S10,000, whichever is greater,and the portion of the work to be done by such subcontractor. Did Name and Address of State clanr DIR PWC Dollar %►of Itent(s) Subcontractor License Rebistniding Amount Contract Number ,��,12, EBSUTILrrlESADJUSTING 932798 A 744,600.00 10.7% 1345 QUARRY STREET STE 101 13 CORONA,CA 92879 1000004286 951-279-6869 I&S STRIPING 538211 C32 1544 S.VINEYARD AVE 1000006912 527,842.00 .4% ONTARIO,CA 91761 909-947-8073 PORTION OF RUBBERIZED CRACKFILLER SEALANT 1000010726 5124;237.00 .8% #i 800 E.WALNUT AVE 998877 C32 FULLERTON,CA 92831 714-843-5192 } By submission of this propel,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. 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 /12/23 ORANGE A U1 ,at Dare City State STEVEN L.MENDOZA , being first duly sworn, deposes and says that he wax is SECRETARY of R.J.NOBLE COMPANY the party making the foregoing hid 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 ail 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. R.J.NOBLE COMPANY Name of Bidder Signature id 4e STEVEN L.MENDOZA,SECRETARY 15505 E LINCOLN AVE. ORANGE,CA 92865 Address of Bidder C-4 CALIFORNIA,ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of ORAN( F 01/12/2023 1.DEIONGH,NOTARY PUBLIC On Date before me. personally appeared STEVEN L. MENDOZA Here Insert Name and Title ofthe Officer Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/ere subscribed to the within instrument and acknowledged to me that he/shct#ey executed the same in hisfheritheir authorized capacity(ies),and that by his/hew/tbeir 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 J.DEtONGH laws of the State of California that the foregoing w ^otary Pubic Caiiforrna paragraph is true and correct. Orange CoLnry • Co^tm ion 4 230744r '' „ " '( WITNESS my hand and official seal. try Comm.Expires Oct 28,2023 Signatur Place Notary Seal and/or Stamp Above Signature of Nato),Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) • Signer's Name: Signer's Name: o Corporate Officer-Title(s): 0 Corporate Officer-Title(s): a Partner a Limited ❑ General o Partner- ❑ Limited ❑ General a Individual 0 Attorney in Fact o Individual 0 Attorney in Fact ❑ Trustee a Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑Other: O Other: Signer is Representing: Signer is Representing: { C2018 National Notary Association UTILITY AGREEMENT HONORABLE MAYOR AND,CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the ZONE 2 RESIDENTIAL OVERLAY,(IXwe)(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 per*formed and the hrrards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements,Public Utility Commission orders,. and State of California Cal-OSHA requirements. } The undersigned further promises and agrees,that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. R.J.NOBLE COMPANY Contractor By STEVEN L.MENDOZA,SECRETARY Title Date: 01/12123 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete,under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified,removed or otherwise prevented from bidding on or completing a Federal,State or local government project because of a violation of law or a safety regulation? Q'Yes 011 Na 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-4 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. R.j.NOBLE COMPANY Contractor By STEVEN L.MENDOZA,SECRETARY Title Date: 01/12/23 I C-T BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: R.I.NOBLE COMPANY Bidder Name 15505 E LINCOLN AVE Business Address ORANGE,CA 92865 City, State Zip 714 ) 637-1550 STEVEMENDOZA@RINOBLECQMPANY.COM Telephone Number Email Address 782908 A&C12 State Contractor's License No. and Class Original Date Issued 08/3112024 Expiration Date The work site was inspected by STEVEN I..MENDOZA of our office on JANuARY 06 ,202 . The following are persons,firms,and corporations having a principal interest in this proposal: R.J.NOBLE COMPANY A CALIFORNIA CORPORATION AUSTIN M.CARVER,PRESIDENT KASONDRA C.GONZALEZ,VICE-PRESIDENT STEVEN L.MENDOZA,SECRETARY JACOB BREEDLOVE,ASSITANT SECRETARY JAMES N.:DCCOTE,C.F.O. The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. R.I.NOBLE COMPANY Company Name 1 Signature iddir) STEVEN L MENDOZA,SECRETARY Printed or Typed Signature C-S 1 NOTARY CERTIFICATE Subscribed and sworn to before me this 12 day of JANUARY ,202 3. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,;accuracy,or validity of that document. State of CALIFORNIA ) County of ORANGE On 01/12/2023 before me, J.DEIONGH,NOTARY PUBLIC Month,Day,and Year Insert Name and Title of Notary onall a ared STEVEN L.MENDOZA Y PPe Natne( of Signe`Y' who proved to me on the basis of satisfactory evidence to be the person(b)whose name(x)islet subscribed to the within instrument and acknowledged to me that hely executed the same in hisari a tK it authorized capacity(iti),and that by hisikedtbEir signature{}on the instrument the person{},or the entity upon behalf of which the person(X)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph:: ::c::t. ; r �, c� f3� z;0z°a1 'z,voc+�` hty fu Oct 28,2{}23 si a4 + —''r ignature of Notary Public (PLACE NOTARY SEAL ABOVE) J J.DEIONGH C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Overlay protect 9f merle residential streets."I. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names,address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. CITY OF LAGUNA NIGUEL 30111 CROWN VALLEY PKWY LAGUNA NIGUEL,CA 92677 Name and Address of Public Agency Name and Telephone No.of Project Manager: JOHN PHAM 949-362-4335 81,727,126.89 NIGUEI.ROAD PAVEMENT REHABILITATION CC-20-10 05/2021 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: CONSTRUCTION SURVEY,TRAFFIC CONTROL,CONCRETE REM Sr REPLACE,ADJUST UTI.UTIFS,TRAFFIC LOOPS,SIGNAGE &STRIPING. 2 CITY OF TEMECULA 41000 MAIN STREET TEMECULA,CA 92590 Name and Address of Public Agency Name and Telephone No. of Project Manager: CHRIS WHITE 951-308-6388 PAVEMENT REIIAE OF YNEZ ROAD,EQUITY DR, $1,068,744.84 COUNTY CENTER DR,&WINCIIESTER RI)PWI8-01 07/2021 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: CONSTRUCTION SURVEY,ELECTRICAL,CONCRETE,TRAFFIC LOOPS,SIGNAGE&STRIPING 3, CITY OF DOWNEY 11111 BROOKSHIRE AVE DOWNEY,CA 90241 Name and Address of Public Agency Name and Telephone No.of Project Manager: DESI GUTIERREZ 562-904-7110 OLD RIVER SCHOOL ROAD PAVEMENT REHABILITATION $2,245,893.00 CAPITAL IMPTS PROJ.I6-2G 07/2021 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: TRAFFIC CONTROL,CONSTRUCTION SURVEY,EXCAVATION,COLD MILL,ADJUST UTILITIES,REM&CONSTRUCT CONCRETE:, STRIPING,TRAFFIC LOOPS,ELECTRICAL,. C40 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager,and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project, Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. KORI PORTER,GENERAL MANAGER OF CONSTRUCTION Name of proposed Project Manager Telephone No.of proposed Project Manager: 714-637-1550 FY 2019 STREET&SLURRY SEAL PROGRAM$1,512,170.45 AC/SLURRY SEAL 04/2020 Project Name&Contract Amount Type of Work Date Completed RESIDENTIAL ROADWAY REHAB$1,978,413.98 STREET REHABILITAION 10/2019 Project Name&Contract Amount Type of Work Date Completed CITY OF NEWPORT BEACH,'$2.4 MILLION PAVEMENT REHABILITAION 10/2018 Project Name&Contract Amount Type of Work Date Completed 2. CHUCK SPIERS,GENERAL SUPERINTENDENT Name of proposed Superintendent Telephone No. of proposed Superintendent: 714-637-1550 CITY OF ONTARIO$6.1 MILLION AC PAVING OF VARIOUS LOCATIONS 05/2019 Project Name&Contract Amount Type of Work Date Completed CITY OF TUSTIN$1.6 MILLION PAVEMENT AVE REHABILITATION 10/2018 Project Name&Contract Amount Type of Work Date Completed CITY OF SAN JUAN CAPISTRANO$2.1 MILLION STREET IMPTS 05/2018 Project Name&Contract Amount Type of Work Date Completed c-i CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS(DIR) CERTIFICATE Pursuant to SB 854(citing Labor Code Section 1771.1(a)),passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires 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.gaviDLSE/PublicWarks/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/PWCRISearch.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public'Contract Code,or engage in the performance of any contract for public work, as defined in this chapter,unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103,5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. R.J.NOBLE COMPANY Contractor By / l/ STEVEMENDOZA@RJNOBLECOMPANY.COM Email STEVEN L.MENDOZA,SECRETARY Title Date: 01/12/23 PWC Registration#: 1000004235 Gt2 } Western Surety BID BOND (Percentage) Bond Number: N/A KNOW ALL PERSONS BY THESE PRESENTS,That we R. J. NOBLE COMPANY of Orange, California , hereinafter referred to as the Principal, and Western Surety Company as Surety,are held and firmly bound unto City of Huntington Beach hereinafter referred to as the Obligee, in the sum of ( 10 %) percent of the greatest amount bid,for the payment of which we bind ourselves, our legal representatives, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Zone 2 Residential Overlay-Invitation#CC-1701 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void;otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 4th day of January 2023 R.J. NOBLE COMPANY (Principal) By X (Seal) STEVE . M DOZA, SECRETARY Western Sure Corn an rety) By (Seal) arnts Scott Salandi Attorney-in-Fact Form F5876 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies onlythe 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 nRANGF 01/05/2023 J.DEIONGH,NOTARY PUBLIC On before me, , Date Here Insert Name and Title of the Officer STEVEN L. MENDOZA personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/efe subscribed to the within instrument and acknowledged to me that he/shc/they executed the same in his/fief/their authorized capacity(ies),and that by his/hec/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 of \ J.DEIONGH paragraph is true and correct. yE.....,TyF =,s�� Notary Public-California 1 = Orange County WITNESS my hand and official seal. Commission#2307441 1 !oixPr ?2021 -07k-'V------- Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of 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): 0 Corporate Officer-Title(s): ❑ Partner- 0 Limited 0 General 0 Partner- 0 Limited 0 General o Individual 0 Attorney in Fact 0 Individual ❑ Attorney in Fact ❑ Trustee o Guardian or Conservator ❑ Trustee o Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: . .._- .... . . . . . . . . . . . . ea01ees, 31eeee ©2018 National Notary Association ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Orange ) County of On Jilt-t-------d-- Lt( ?ic) Z3 before me, Lauren Emily Bierman, Notary Public (insert name and title of the officer) personally appeared James Scott Salandi , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/ass subscribed to the within instrument and acknowledged to me that he/sbteidasDy executed the same in his/ke> tkeir authorized capacity(iesc), and that by his/Mx/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. z�"`°`'N� LAUREN EMILY BIERMAN1 WITNESS my hand and official seal. " a °i, COMM.#2271982 X W, ' r NOTARY PUBLIC-CALIFORNIA Y ORANGE COUNTY N :'.,:' MY COMM. COUNTY 15 2023 Signature( 0 (Seal) . , Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James Scott Salandi,Leonard Ziminsky,David Jacobson,Individually of Irvine,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of June,2021. WESTERN SURETY COMPANY _I'wa°sq;e s ?Wr4 :2 \�E aul T.Bruflat,Vice President State of South Dakota 1 JI ss County of Minnehaha On this 24th day of June,2021,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires M.BENT ,s waoun wer�c _ March 2,2026 OSibSOO1H°�° ' ifr47 81e1j".." M.Bent,Notary Public CERTIFICATE 1,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation n printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this�>'y.ctay of l:r 24 Z- n% WESTERN SURETY COMPANY ,pp • 24114arrL" L.Nelson,Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. •alTunsae3,iq pa;uud aq'cum peas awemdioo alp pus iaayjo dons,Cue jo amteuas aqj, •uousiodaoo amp suol;ealgo Jaw io,CguaouW JO siamod`s2upleiiapun`saloilod`spuoq Cue jo,C;ipusn gq;ioj JCaessaoau;ou Si leas a;eJodIoo au j •,Cuedmop alp 3o auisu ag;ul sgulaleaaapun So`saioilod`spuoq anssi o;,C;uogine aneq limp oqm s;ua2e.io;oe3 ut&Cluioud;modde Amu Jams-eau aq;So`,Cie;aSogS;uMsessd,Cue`,Casaaeaas`;uaplsaed aol1A,Cue`;uapisaad auj •azuoq;ns gem sio;aanQ jo pieog aq;se siaag3o Jaw gam ,Cq io`;uapisald gain,Cue Jo`iamseau`dae;aioas;ue;sissd pus `kimonos `mamma am Ai,CuedmoD am 3o aumu a;siodioo am u!pa;noaxa aq Ilsgs uol;modaoo am 3o suoge2ggo Sa T O So `,Cauaoud 3o mamod `saupleaaapun `salollod `spuoq lid •L uogoas •,CuedmoD ag;jo siaplogaasgs am Al pa;dope,Clasp mei-,Ci anmol%am jo rC;uoq;ns,Cq pue o;;uensand pa;naaxa pue apsuu si,Camoud Jo Samoa sig1, ANV ThIOD Aia2I11S NMIHISann dO SIOU'IOHa2WHS MIL AS Gamow Ate7-Sg 2mzuoq;nd -' lit k #RY ,.'Y S R , 4 AYh ti( M t 1. a $t P k7d�, ik '� • a 4 #x51 * A r'. : • - n , r, w - 7 *si t qt - f " - 4t 3¢ )afi . 1` t`L; a :::51ta' i, ri- 1 , 1. S 1 n a C.z ° a {t�7 1''� a 1r .{ .1 Yr t .'4 e^�e� r r f f a,z. ro c { Y y. t.J p( i Y d t, t ,' 3s# t I,.�� i l: I.; 4 'I j J ,j y' C A, - ;`'..==',,,;';',',4t''''=;.=,';' '"'' =',;',,l't)ti..i';',it titief.;.4 I[3,4.. ,' r,,,, ." '" • ';;',.)•',P.1.'"'-' "i"''' ' ' " ' .2 ' '' 6 , x' � ° �:.6�� , r Ri NOBLE A -t» ft5,i "-: s"Z c Company 'i5''t ��i y ENGINEERING CONTRACTORS � x. t; t' r i �; r# o. 15505 E.LINCOLN AVENUE•P.O.BOX 620,ORANGE,CA 92856 i. t y 1t gc7 r i (714)637-1550 �' r: z TO: 1^`� <k e# c -'' }a �_;,tr - CITY OF HUNTINGTON BEACH • `-'' a ; 2000 MAIN STREET r '7 HUNTINGTON BEACH,CA 92648 ' -• ATTN:PUBLIC WORKS/ENGINNERING * e $ e x ' �.r " s ka 1 = Y ..4 ge � tkJh , ' ,,tti 1 i 1 *1F rr 4 ?r ') Y' 1# + 1 :, '-t ]'r pi ril ,tom . { ddt e t .'.F4 F Z c} y E S yy ! T4 4f<j3k k L. Y 4 { r (= � P Y b «3 i ..'.i t`T ;', S 4.. ;i if 3YN 7Yi 11, J x1 n ,,..,,,,,;',,,..i„ _'s" 4 1 „Si t#I t*. � h 3.9 , # d rt r C i 7 P 3 I , . OFFICAL BID SECURITY DO NOT OPEN i`,$ r t'Q °' '1 ` :•' PROJECT NAME:ZONE 2 RESIDENTIAL OVERLAY CC#1701 e 4x +° " H t ' k '� ''}dfe`�s ° p �' " 1 BID OPENING DATE:JANUARY 12,2023 S n ii#z+ Z s,l '4 ` si' . wt ... BID TIME:10:00AM y p Rdix 2 � e V *r I FZ t 3 1 1.TiV � F •4 1#