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Premo Construction - 2023-07-18 (2)
CITY OF HUNTINGTON BEACH tt' INTERDEPARTMENTAL COMMUNICATION DATE: ...144-9, z4-4'/1911+ fiP TO: THOSE LISTED HEREON FROM: John Dettle, Associate Civil Engineer4p4_ SUBJECT: Retention Release Payment- / PO#29915-OJ Supplier#79459 Co.#506 CC1687 WELL 9 ROOF, Project#CC1687 Contractor's Name: Premo Construction, Inc. Address: 7 Copper Hill City, State and Zip Code: Irvine, CA 92620 Phone Number: (657)500-9701 City Business License Number: A316733 Notice of Completion (Date by City Clerk): 1/27/2024 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 outstandin are on file with the City. I certify that no stop notices are on file. 3/20/ -� Date Cru . Vu, Director of Public Works I certify that there are no outstanding invoices on file. '22)) )1 aYt cokicA lcttk Date JZacks, 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. L5//t/bel Date Robin Estanisiau, CityClerk syi4 y 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 • PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: • Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder 1111 It III 10110 lU IU U 101 101 I II NO FEE * $ R 0 0 1 4 7 6 1 9 9 2 $ * WHEN RECORDED MAIL TO: • 2024000019255 9:59 am 01129124 9 CR-SC05 N12 1 CITY OF HUNTINGTON BEACH • 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 PUBLIC WORKS DEPARTMENT Attn:(Enter Name Here) • P.O.Box 190-2000 Main Street • Huntington Beach,CA 92648 • ' f • • THIS SPACE FOR RECORDER'S USE ONLY T L . ••C E T • • NOTICE OF COMPLETION • • NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,Huntington Beach,CA 92648,that the contract heretofore awarded to Premo Construction,Inc.,who was the company thereon for doing the following work to-wit: • CC1687 WELL 9 ROOF,Project#CC1687 That said work was completed 01/27/2024 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 01/27/2024,per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract,F35 Lexington National Insurance Corporation,was surety for the bond given by the said company as This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 27383 and should be recorded free of charge. 2q2¢ Dir r of u Works or City Engineer ineer /Date City of Huntington Beach,'California STATE OF CALIFORNIA) •• County of Orange )ss: City of Huntington Beach ) • I,the undersigned,say:I am an Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I have read•said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. • I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. This document is solely the official businessof Beach s contemplated c / 2e 2-4 the City of Huntington ,a p under Government code section 27383 and: DT •r o •u•. Works or City Engineer Date should be recorded free of chance. City of Huntington Beach,California • THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) • • • • J J a MAINTENANCE BOND . KNOW ALL PERSONS BY THESE PRESENTS: That Premo Construction Inc (contractors name) 17197 Murphy Awn IP 18316 Irvine.CA 92623 (contractor's street address,city and state and zip code) as Principal(hereinafter called Contractor),and: ' Lexington National Insurance Corporation (surety's name) Post Office Box 6098 Lutherville,MD 21094 (surety's street address,city and state and zip code) a corporation organized and existing under the laws of the State of Maryland with its principal office in the City of Maryland as Surety(hereinafter called Surety),are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Three Hundred Sixty-four Thousand Ninety-five Dollars ($ 364,095.00 ), 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, WHEREAS, Surety is a duly admitted surety insurer under the laws of the State of California;and Surety is certified and listed in the U.S. Department of the Treasury Circular 570,and able to provide proof of bonding limitation shown in said circular is sufficient to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best, Moody's,Standard & Poor's,to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed with the California Department of Insurance;and Contractor has by written agreement dated June 22nd 2023 ,entered into a contract with Owner for the WELL NO.9 ROOF REPLACEMENT CC No. 1687 • in accordance with drawings and specifications prepared by The City of Huntington Beach which contract is by • reference made a part hereof(hereinafter referred to as the Contract);and • The Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship;and • The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a bond executed by a surety duly admitted in the state of California;and The Contract has been completed, and the Owner,Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be February 26th ,2024 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and • all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall,be null and void;otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) days following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims,judgments, liens or losses arising from the Surety's failure to •• • either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. • 15-4584/118138 1 r' i 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 26th day of February • 20 24 . Principal Raised Corporate Seal • Premo Construction Inc [MUST BE AFFIXED] (Contractor Name) By: (Seal) • . 1 I Principal Raised Corporate Seal /�-/DLIZ0.r7 2.NCB rZ s [MUST BE AFFIXED] LL (Title) Lexington National Insurance Corporation ```.,,,,iiiii,,,o,� (S etv N .�`„ q\'ONAL INs ''% , ti ;o�;UoPP ORy��� By: -• (Se �z 1989 l rn David Gonsalves Attorney-In-fact ° :, o o APPROVED ABA; RM:••= "%,,,FCOR1oP,,oa` r' NOTES: ,Michael E. Gafes, City Attorney p 1. Acknowledgments must be completed and returned '`'� j v i a. as part of the bond. -3('3 AI ( 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 15-4584/118138 2 r e . IMPORTANT NOTICE—THIS POWER OF ATTORNEY IS VOID IF"LNIC Original"WATERMARK IS NOT PRESENT POWER OF ATTORNEY Lexington National Insurance Corporation Lexington National Insurance Corporation,a corporation duly organized under the laws of the State of Florida and having its principal administrative office in Baltimore County,Maryland.does hereby make,constitute and appoint: David Gonsalves and Jackson Cromer • as Its true and lawful attorney-In-fact,each In their separate capacity,with full power and authority to execute,acknowledge,seal • and deliver on its behalf as surety any bond or undertaking of S6.000,000 or less. This Power of Attorney is void If used for any bond over that amount. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Company on February 15,2018: Be it Resolved,that the President,CEO or any Vice-President shall be and is hereby vested with full power and authority to appoint suitable persons as Attorney-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on the behalf of the Company,to execute. acknowledge and deliver any and all bonds,contracts,or indemnity and other conditional or obligatory undertakings,including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any all notices and documents cancelling or terminating the Company's liability thereunder and any such instruments so executed by any Attorney-in Fact shall be binding upon the Company as if signed by the President and sealed by the Corporate Secretary. RESOLVED further, that the signature of the President, CEO or any Vice-President of LEXINGTON NATIONAL INSURANCE CORPORATION may be affixed by facsimile to any power of attorney,and the signature of the Secretary or any Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of such power, or any such power or certificate bearing such facsimile signature or seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed with respect to any bond to which It is attached continue to be valid and binding upon the Company. IN WITNESS WHEREOF,the Company have caused this instrument to be signed and their corporate seal to be hereto affixed. -e-" 319890 ` �...... _ ti Ronald A.Frank,CEO State of Maryland County of Harford County,SS: Before me,a notary public,personally appeared.Ronald A.Frank,Chief Executive Officer of Lexington National Insurance Corporation,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under the PENALTY of PERJURY under the laws of the State of Maryland that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Jy.024,4 4 Commission Expires: 05/23/24 NOTARY PUBLIC _ Notaryegm . I,Lisa R.Slater,Secretary of Lexington National Insurance Corporation,do hereby certify that the above and foregoing is true and correct copy of a Power of Attorney,executed by said company,which is still in full force and effect:furthermore,the resolutions of the Boards of Directors.set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seal of said Company at Balti re,Maryland this 151h day of December.2023. ,C.. *:71: Q Lisa R.Slater,Secretary Attached to bond signed this 2stn day of February , 2024 F wry,Power of Attorney form CS 2021 with Watermark Seal 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 ®RAr► On 01411 11 P-O -' before me, fttju.Z'z•A- (oL ar r4 r-Icr ichesi Ac L) Date Here Insert Name and Title of the Officer personally appeared f''Jo It A rnm A-b G 0 I A-SS 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 ADWOAOFORI-COLEMAN laws of the State of California that the foregoing COMM.IC-CALIFORNIAr paragraph is true and correct. o - fA NOTARY PUBLIC-CAF O • <c3C; " / ORANGE COUNTY co ` .vf.% WITNESS my hand and official seal. 11-, My Comm.ExpNes Oct 25,2025 Signature ..%/ r'x`.i' --- — 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: rnttir-1 61.4/tr'iC6- nl.a Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: (flo ItA-rvwm.I GafI'&I I Signer's Name: ❑ Corporate Officer-Title(s): 0 Corporate Officer-Title(s): ❑ Partner- 0 Limited ❑ General 0 Partner- 0 Limited 0 General 1'Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association 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: well #9 roof replacement Project: project #CC 1687 The undersigned contractor on the above-referenced project("Project")hereby certifies that all laborers, mechanics, apprentices,trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 20th. day of Febuary , 20 24 , at Irvine , California. Mohammad Ghiassi (Contractor Name) APPROVED :% O FO By: M aetl E. Gates Attorney 1 CONTRACTOR'S CERTIFICATE I, M®MAMMA 1) 6 If I A SS I state and certify that: (Name of Declarant) Piremo construction Inc. is the general contractor to the City of Huntington Beach ("City") on Contract No. C C /6 3 (the "Contract") for the construction of the public work of improvement entitled: Well #9 Roof removal (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor,services,materials and equipment to the Project, including all claims against the contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims; if none, write"NONE"): None 4. Attached hereto are the lien waivers required by the Contract Documents,which lien waivers have been executed by all persons who performed work on or supplied labor, services,materials, and/or equipment for use at the,Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to. Withhold filed pursuant to the Civil Code of the.State of California(list all disputed claims;if none, write"NONE"). None I.declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Irvine on.this20 th_ 'day of Febuary , 20 24 (Signature or o'.la rz•t APPROVED AS ORM/ ,---''I" --,'....r.--k------ Michae . Gates City ttorney 3 l.'-;.:A F`t:s/i a - (.) 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-1687 Project Well #9 ,roof replacement 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 19.72 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 20the clay of Febuery ,`20 24, at Irvine , California. f , (Convactor Name) APPROVED F By: Micja el E. Gates Ci Attorney 1 15 , r<; . IMPORTANT NOTICE—THIS POWER OF ATTORNEY IS VOID IF"LNIC Original"WATERMARK iS NOT PRESENT POWER OF ATTORNEY Lexington National Insurance Corporation Lexington National Insurance Corporation,a corporation duly organized under the laws of the State of Florida and having its principal administrative office in Baltimore County,Maryland,does hereby make,constitute and appoint: David Gonsalves and Jackson Cromer as its true and lawful attorney-in-fact,each In their separate capacity,with full power and authority to execute,acknowledge,seal and deliver on its behalf as surety any bond or undertaking of$6,000.000 or less. This Power of Attorney is void if used for any bond over that amount. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Company on February 15,2018: Be it Resolved,that the President,CEO or any Vice-President shall be and is hereby vested with full power and authority to appoint suitable persons as Attorney-in-Fact to represent and act for and on behalf of the Company subject to the following provisions'. Attorney-in-Fact may be given full power and authority for and in the name of and on the behalf of the Company,to execute, acknowledge and deliver any and all bonds,contracts,or indemnity and other conditional or obligatory undertakings,including any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts,and any all notices and documents cancelling or terminating the Company's liability thereunder and°any such instruments so executed by any Attorney-in Fact shall be binding upon the Company as if signed by the President and sealed bythe Corporate Secretary. RESOLVED further, that the signature of the President, CEO or any Vice-President of LEXINGTON.NATIONAL INSURANCE CORPORATION may be affixed by facsimile to any power of attorney,and the signature of the Secretary or any Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of such power,or any,such:power or certificate bearing such lacsinilie Signature or seal snafibe vaial and'oiniiing onTne Company. zany sudn,power so execitte0 and sealed and certified by certificate so executed and sealed with respect to any bond to which it'is attached continue to.be valid and binding upon the Company. IN WITNESS WHEREOF,the Company have caused this instrument to be signed and their corporate seal to be hereto affixed. rt.,8",. Ronald A.Frank,CEO State of Maryland County of Harford County.SS: Before me,a notary public p"ersonally;appeared,Ronald A.Frank,Chief Executive Officer of Lexington National Insurance Corporation,who proved to mean the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged tome that he•-executed the same in his capacity,and that by his signature on the instrument the person,or the entity upon-behalf of Which the,person acted,executed the instrument. i certify under the PENALTY off PER.Ilifw;under the laws of the State of Maryland that the foregoing paragraph is true and correct. WITNESS my hand and official seal y 'f'{, A@gS•yQY Commission.Expires: 05123l24ear" NOTARY PUBLIC Notary \„ aaie I,Lisa R.Slater.Secretary of Lexington National Insurance Corporation,do hereby certify that the above and foregoing is true and correct copy of a Power of Attorney,executed by said company,which is still in full force and effect;furthermore.the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Baltim re,Maryland this 15i"day of December,2023. Lisa R.Slater,Secretary Attached to bond signed this 1st day of March , 2024 F,i?rc Pv vC-r,;i Attorney t rs G8 2)21 with Watermark Sea: • UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE;-AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information . Name of Claimant: Name of Customer: Job Location: well *9,city of Huntington Beach, Ca. Owner: City of Huntington Beach Through Date: 01/1S/2024 Unconditional Waiver and Release This document waives and releases lien,stop payment notice,and payment bond rights the claimant has for labor and service provided,and equipment and material delivered,to the customer on this job through the Through Date of this document. Rights based upon labor or service provided,or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant,are waived and released by this document, unless fitted as an Exception below.The claimant has received the following progress payment: Exceptions This document does not affect any of the following: (1) Retentions. (2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission,abandonment,or breach of contract, and (B)the right to recover compensation for work not compensated by the payment. gi nature • Claimant's Signature: \ Claimant's Title: C.E.O • 11111k Date of Signature: FEBUARY/21/2024 7/1/12 Bond No. L288407-2179 Consent of Surety to Final Payment PROJECT: (Name and address) ARCHITECT'S PROJECT NUMBER: OWNER I I Well No. 9 Roof Replacement CC1687 8851 Warner Avenue, Huntington Beach, CONTRACT FOR: ARCHITECT CA 92647 Construction CONTRACTOR 111 TO OWNER: (Name and address) CONTRACT DATED: City of Huntington Beach June 26th, 2023 SURETY ✓❑ 2000 Main Street ❑ Huntington Beach, CA 92648 OTHER In accordance with the provisions of the Contract between Owner and the Contractor as indicated above,the (Insert name and address of Surety.) Lexington National Insurance Corporation 100 William Street, New York, NY 10038 on bond of (Insert name and address of Contractor.) Premo Construction Inc 17192 Murphy Avenue 18316 Irvine, CA 92623 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 as set forth in said Surety's bond. IN WITNESS WHEREOF,the surety has hereunto set its hand on this date: April 18th, 2024 Lexington National Insurance Corporation (Surety) (Signature of authorized representative) t .; David Gonsalves Attorney In Fact Attest:,1989Yp (Printed name and title) (Seal) ..,ZoEZ . The Company executing this bond vouches that this document conforms to American Institute of Architects Document G707 IMPORTANT NOTICE-THIS POWER OF ATTORNEY IS VOID IF"LNIC Original"WATERMARK IS NOT PRESENT • POWER OF ATTORNEY Lexington National Insurance Corporation • Lexington National Insurance Corporation,a corporation duly organized under the laws of the State of Florida and having its principal administrative office in Baltimore County,Maryland,does hereby make,constitute and appoint: David Gonsalves and Jackson Cromer as its true and lawful attorney-in-fact.each in their separate capacity.with full power and authority to execute,acknowledge,seal and deliver on its behalf as surety any bond or undertaking of S6.000.000 or less. This Power of Attorney is void if used for any • bond over that amount. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the • Company on February 15,2018: Be it Resolved,that the President.CEO or any Vice-President shall be and is hereby vested with full power and authority to appoint suitable persons as Attorney-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on the behalf of the Company,to execute. acknowledge and deliver any and all bonds,contracts.or indemnity and other conditional or obligatory undertakings.including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any all notices and documents cancelling or terminating the Company's liability thereunder and any such instruments so executed by any Attorney-in Fact shall be binding upon the Company as if signed by the President and sealed by the Corporate Secretary. RESOLVED further, that the signature of the President, CEO or any Vice-President of LEXINGTON NATIONAL INSURANCE CORPORATION may be affixed by facsimile to any power of attorney,and the signature of the Secretary or any Assistant Secretary and • the seal of the Company may be affixed by facsimile to any certificate of such power, or any such power or certificate bearing such facsimile signature or seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed with respect to any bond to which it is attached continue to be valid and binding upon the Company. IN WITNESS WHEREOF.the Company have caused this instrument to be signed and their corporate seal to be hereto affixed. ••`���wXll WSG'o. -4. 1,ifIM 1989 ot• Ronald A. Frank.CEO State of Maryland County of Harford County,SS: Before me.a notary public.personally appeared.Ronald A.Frank.Chief Executive Officer of Lexington National Insurance Corporation,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity.and that by his signature on the instrument the person.or the entity upon behalf of which the person acted.executed the instrument. I certify under the PENALTY of PERJURY under the laws of the State of Maryland that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Commission Expires: 05/23/24 eo NOTARY PUBLIC Notary „ I,Lisa R.Slater.Secretary of Lexington National Insurance Corporation.do hereby certify that the above and foregoing is true and correct copy of a Power of Attorney.executed by said company,which is still in full force and effect:furthermore,the resolutions of the Boards of Directors.set out in the Power of Attorney are in full force and effect. In Witness Whereof.I have hereunto set my hand and affixed the seal of said Company at Balti re,Maryland this 15°day of December.2023. C;;'::57;0" Lisa R.Slater.Secretary Attached to bond signed this 26th day of February. , 2024 F'Jne Paver of Anomey form CS 2021 mah Waierma,k Seas CONSENT OF SURETY COMPANY TO FINAL PAYMENT Project Name: WELL NO. 9 ROOF REPLACEMENT CC1687 Location: 8851 WARNER AVENUE.HUNTINGTON BEACH CA 92647 (Owner): CITY OF HUNTINGTON BEACH Address: 2000 MAIN STREET City/State/Zip: HUNTINGTON BEACH CA 92648 Contractor: PREMO CONSTRUCTION INC Contract Date: 24-Jul-23 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the Lexington National Insurance Corporation,PO Box 6098,Lutherville MD 21094 ,Surety Company, LEXINGTON NATIONAL INSURANCE CORPORATION POST OFFICE BOX 6098 LUTHERVILLE MD 21094 d�li2�..�., I(/hr'> S 5/ on bond of(here insert name and address of Contractor) Cam✓E, ,Contractor, PREMO CONSTRUCTION INC 17192 MURPHY AVE 18316 IRVINE CA 92623 hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to the CITY OF HUNTINGTON BEACH , Owner, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF,the Surety Company has hereunto set its hand this 1ST day of MARCH,2024 SURETY `o () Try z 1989 a c)c Company: (C'_ orate ewv. Lexington Nation rants C oration .`•... •' 1-114 ;3Signature: ' �a,mnn��� Name and Title: David Gonsa yes Attorney in Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 rrsr..er-,.re,c44:a,c•n.rc crc c�crmatracrecscrver..r+c e44—r„or„c-r�rc x:r.,er.,ec-: ec.xu 4-,4c-ra-r,,efarc..trcc raaxr�rct^,e0aVac sr-:cc 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 6 re./N5t- ) J �j On OS I ILA i` ZA before me, ' �`00"rjrU- i/t��d i'd�ry I5j izAl Date �/ Here Insert Name and Title of the Officer personally appeared / D ham nr1 G 1A i v,�5; 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(es),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. • y L-cAln=oRNIA WITNESS my hand and official seal.a _ COMMISSION*2NTY w•. ORANGE COUNIY IA Om om.Exp.September e.2026 Signature -� .� Sign re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): 0 Corporate Officer — Title(s): ❑Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General ❑ Individual ❑Attorney in Fact 0 Individual 0 Attorney in Fact ❑Trustee 0 Guardian or Conservator ❑Trustee 0 Guardian or Conservator ❑Other: 0 Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) Q CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 5f 2D'21-1 SUBJECT: Bond Acceptance I have received the bonds for 41yy-'o OAYIStriai bl2_, Itle.. (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. 4 loi`.571--eeL 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 COY\Si�,.t'r c�-F' � ((i 1'1{ I .14 dtiv?".t.— Bowl, N10.1.2c3340-+- Re: Tract No. Approved 1I8/.2a2.3 (Council Approval Date) CC No. I LK* Age al&m No. 023' 7-- MSC No. City Clerk Vault No. L)• 6-D Other No. SIRE System ID No. 1-41/405-20 g/forms/bond transmittal to treasurer Je CEIVED �Y: A A CITY CLERK RECEIPT COPY {+�C-J� McC •, A Return DUPLICATE to 11.Y1 t.Til City Clerk's Office (Name) after signing/dating 6/2I ' 2© 21-1 (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 5/20/2 Li SUBJECT: Bond Acceptance I have received the bonds for 'Primp ('tn'l�t 1' uG+cal I IhG. (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. not- -thee he 1'vL 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 w (Oti\ce,,,,-t. 4 c (( l') t�i I 'C'GcN ihP &nU ND.1,2$7404-.2 U Re: Tract No. Approved / D23 (Council Approval Date) CC No. )1,1 Agenda Item No. c)3 ^ 517- MSC No. City Clerk Vault No. IpUQ. 6,0 Other No. SIRE System ID No. 101/400s�p g:/forms/bond transmittal to treasurer • • • PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: • Recorded in Official Records, Orange County • Hugh Nguyen, Clerk-Recorder • • liD VIVID Il I ii i1ll I 11101101 I 011 NOFEE * S R0 0 1 4 7 6 1 9 9 2 $ *• WHEN RECORDED MAIL TO: • 2024000019255 9:59 am 01/29/24 9 CR-SCO5 N12 1 •CITY OF HUNTINGTON_BEACH '• 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 PUBLIC WORKS DEPARTMENT Attn:(Enter Name Here) P.O.Box 190-2000 Main Street • • Huntington Beach,CA 92648 • THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT • NOTICE OF COMPLETION • NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,_Huntington Beach,CA 92648,that. the contract heretofore awarded to Premo Construction,Inc.,who was the company thereon for doing the following work to-wit • • CC1687 WELL 9 ROOF,Project#CC1687 That said work was completed 01/27/2024 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 01/27/2024,per City • Council Resolution No..2003-70 adopted October 6,2003. That upon said contract,F35 Lexington National Insurance Corporation,was surety for the bond given by the said company as This document is solely for the official business of the City of.Huntington Beach,as contemplated under Government Code Section 27383 and should be recorded free of charge. Dir r f li W •o u orksor Cdy Engineer • Date • City of Huntington Beach;California STATE OF CALIFORNIA) County of Orange )ss: . City of Huntington Beach• ) • . I,the undersigned,say:I am an Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I have read•said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and.that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. . This document is solely the official business Of r. /1 the City of Huntington Beach,as contemplated• �� 1/2 d1 Z4- under Government code section 27383 and D`i`•• r o -u• Works or City Engineer at� should be recorded free of charge. City of Huntington Beach,California • THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION. (Additional recording fee applies) PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn: (Enter Name Here) P.O. Box 190—2000 Main Street Huntington Beach,CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee,2000 Main Street, Huntington Beach,CA 92648,that the contract heretofore awarded to Premo Construction, Inc.,who was the company thereon for doing the following work to-wit: CC1687 WELL 9 ROOF,Project#CC1687 That said work was completed 01/27/2024 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 01/27/2024,per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract,F35 Lexington National Insurance Corporation,was surety for the bond given by the said company as This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 27383 and should be recorded free of charge. �/2� Dir or of Publi Works or City Engineer Date City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach I,the undersigned,say: I am an Agent of the City of Huntington Beach,owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. This document is solely the official business of Dater should the City of Huntington Beach,as contemplated under Government code section 27383 and Dir r of ub Works or City Engineer Dat should be recorded free of charge. City of Huntington Beach,California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RCEIVED B CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office ( me) cb after signing/dating (Date) A Q CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 2/7/2..3 SUBJECT: Bond Acceptance I have received the bonds for Pr{iii o 15er),Li . (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. -3(3'14/6 Payment Bond (Labor and Materials) Bond No. 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 /lt4aZ3 Re: Tract No. Approved /Z J (Council Approval Date) CC No. CC NV" Agenda Item No. -s7-?- MSC No. City Clerk Vault No. lvOZ)• SO Other No. SIRE System ID No. IfiyUD5,20 g:/forms/bond transmittal to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PREMO CONSTRUCTION INC. FOR WELL NO. 9 ROOF REPLACEMENT CC-1687 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 PREMO CONSTRUCTION INC. , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as WELL NO. 9 ROOF REPLACEMENT, CC-1687 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK;ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 16-5195/City Funded Construction Contract.docx—revised 04/2016 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms,conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx—revised 04/2016 D. The edition of Standard Specifications for Public Works Construction, published by Builders'News,Inc., 10801 National Boulevard,Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contract.docx—revised 04/2016 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed THREE HUNDRED SIXTY FOUR THOUSAND AND NINTY FIVE Dollars ($ 364,095.00 ), 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 EIGHTY ( 80 ) 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 FIVE HUNDRED DOLLARS ($ 500 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes,unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay(unless DPW shall grant a further period of time),notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract.docx—revised 04/2016 delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed,but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order"means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 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. CON TRACTOR 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 PREMO CONSTRUCTION INC. ATTN: JOHN DETTLE ,Public Works ATTN: MOHAMMAD GHIASSI 2000 Main Street 7 COPPER HILL Huntington Beach, CA 92648 IRVINE, CA 92620 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 July 18 ,20 23 CONTRACTOR: CITY OF HUNTINGTON BEACH,a municipal corporation e Stat f ali is By: 4.7 l MOHAMMAD HIAS Mayor (print name) 2i,u'i,lttu)4/. ITS: Chairman/President I Vice-President ity Clerk 7 8' (circle one) INI PPROVED: AND By: rect r of Public Works LEILA G IASSI (print name) REVIE : 1 , 'PROVES. ITS: Secretary / Chief Financial Officer / Asst. Secretary/Treasurer (circle one) Cit APPROVED RM: City ttomey 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 tamET`1i SECTION C PROPOSAL for the construction of WELL NO 9 ROOF REPLACEMENT CC No. 1687 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 80 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 CON 1RACT. 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 re-advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-i SECTION C PROJECT BID SCHEDULE A WELL NO.9 ROOF REPLACEMENT,CC NO. 1687 BID ITEMS Item Description Quantity unit Unit Cost Total Cost No. (Extension) 1 Mobilization and Demobilization 1 LS $16,000.00 $16,000.00 2 Demolition(Roof and New CMU Wall Opening) 1 LS $25,000.00 $25,000.00 . 3 Construct New Engine Room Roof System 260 SF $495.00 $128,700.00 4 Furnish and Install Roof Mounted Upblast Exhaust Fan 1 EA $13,495.00 $13,495.00 5 Furnish and Install In-Wall Acoustical Louvers 2 EA $14,700.00 $29,400.00 6 Furnish and Install Roof Mounted Acoustical Panels 1 LS $64,950.00 $64,950.00 Furnish and Install Conduit,Wiring,Light Fixture,& LS $31,800.00 $31,800.00 Miscellaneous Electrical Components 1 8 Furnish and Install 200A Panel Board 1 EA $13,950.00 $13,950.00 9 Furnish and Install Disconnect Switch 1 EA $5,700.00 $5,700.00 10 Fabricate and Install Chain-link Gates and Frame at $13,200.00 Muffler Room 1 EA $13,200.00 11 Fabricate and Install Site Security Chain-link Gates 2 EA $10,950.00 1 $21,900.00 11 12 TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A $ $364,095.00 TOTAL BID AMOUNT IN WORDS: three hundred sixty four thousand and ninty five dollars Note: Refer to Section 9-3, Measure and Payment for description of each Item on Bid Schedule. Refer to Section 01025 Measurement Payment for additional details. 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-2.1 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 8/Ol,8dr)e' in the amount of 4537 aZtRich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting ELECTRONIC Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any. Addenda No. Date Received Bidder's Signature Al ON C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State C1aas DIR PWC Dollar % of Item(s) Subcontractor License Registration# Amount Contract Number By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on06/21/2023at Irvine Ca. Date City State Moe. Ghiassi being first duly sworn, deposes and says that he or she is President of premo construction Inc. the party making the foregoing bid that the bid is not made in the interest of,or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true; and,further,that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Premo Construction Inc. Name of Bidder Signature of Bidder #7 Copper Hill , Irvine ,Ca. , 92620 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the WELL NO 9 ROOF REPLACEMENT, (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. Premo construction Inc. Contractor M.Ghiossi By C.E.O Title Date: 06/21/2023 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 m 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. premo construction Inc. Contractor Moe. Ghiassi By C.E.O Title Date: 06/21/2023 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: premo construction Inc. Bidder Name #7 Copper Hill Business Address Irvine Ca. 92620 City, State Zip 657.E 500-9701 info@premocontractors.com Telephone Number Email Address State Contractor's License No. and Class 867514 genera A& B Original Date Issued 11/14/2005 Expiration Date 10/31/2023 The work site was inspected by project manager of our office on 06/12 , 202 3. The following are persons,firms, and corporations having a principal interest in this proposal: Mohammad Ghiassi Leila Ghiassi saeed Mohammadi 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. premo construction Inc. Company Name Signature of Bidder Mohammad Ghiassi Printed or Typed Signature C-8 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 C A ) County of 0 ra ) On 7u�� 1 3 before mejoista0.Q9La y4Tebrdaji.5,gOlur 5 ?ub)ic Month,"Day, and Year Insert-Name and Title of Notary personally appeared 1`1\OhO rnrOgd GY11 Q SS; - 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. TRI NotaryTAN JAY LAVA cauTEKIRDAGLIS WITNESS my hand and official seal. Notary PublicCalifornia i_. orange County \� Commission#2402325 My Comm.Expires Apr 27,2026 Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of at least three similar projects, specifically referencing the construction of cement metal decking/roof, roof mounted ventilation systems and electrical panels and electrical systems. 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 Lebanoof inc. Name and Address of Public Agency Name and Telephone No. of Project Manager: mark $186,000.00 metal work in progress Contract Amount Type of Work Date Completed Provide additional project description to show similar work: see next page 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: see next page Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: next page c-1.0 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. Sneed Mohammadi Lic#1077008 Name of proposed Project Manager Telephone No. of proposed Project Manager: (949)308-3137 Buffalo ontario fire damage $214,000.00 construction march /2023 Project Name& Contract Amount Type of Work Date Completed Ma ink, $167,000.00 total Metal work ,concrete Rug./2023 Project Name& Contract Amount Type of Work Date Completed Upland residential, $260,000 construction Dec./2022 Project Name& Contract.Amount Type of Work Date Completed 2 Eric Cija Lic#201904510699 Name of proposed Superintendent Telephone No. of proposed Superintendent: (949) 490-8794 CTC Global. $600,000.00 Metal Frames &fabrications 11/2022 Project Name& Contract Amount Type of Work Date Completed pacific western contractors $120,000.00 Metal Fab. 02/2023 Project Name&Contract Amount Type of Work Date Completed Swcrest Developers $160,000.00 total Metal work 05/2023 Project Name& Contract Amount Type of Work Date Completed C-il 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/ActionServl et?action=di spl ayPW CRegistrationForm 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. premo construction Inc. Contractor Moe. Ghiassi By info@premo contractors.com Email president Title Date: 06/21/2023 PWC Registration#: 1000897318 C-12 PAYMENTBOND Lexington National insurance Corporation Post Office Box 6098 Luthervilie MD 21094 Bond No.: L288407-2179 CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and principal place of business) Premo Construction Inc Lexington National Insurance Corporation 17192 Murphy Avenue 18316,Irvine,CA 92623 Post Office Box 6098 Luthervllle MD 21094 OWNER: (Name,legal status and address) City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 CONSTRUCTION CONTRACT Date: Amount: Three Hundred Sixty-four Thousand Pollars ( $364,095.00 ) Description: (Name and location) Well No.9 Roof Replacement-CC1687 8851 Warner Avenue,Huntington Beach,CA 92647 BOND Date: 07/24/2023 (Not earlier than Construction Contract Date) Amount Three Hundred Sixty-fo -:,. 'altars ( ) Modifications to this Bond: X None See Section 18 �o�``%%ONnL mis%%%% °z�P�PO` G'py�, CONTRACTOR AS PRINCIPAL SURETY oo zdz_ Company: (Corporate Seal) Company: ( orajW3geagE Pre o Construction Inc Lexington Natio l ranee oration ., '••••••• T Signaqtre; Signature: l'iamt;and Title: Mohammad Ghiassi Name and Title: David Gonsalves Attorney in Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) The Bond Exchange Inc.,a Wholesale Insurance Agency 11440 Carmel Commons Blvd,Ste 207 Charlotte,NC 28228 8004381162 §1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment The Company executing this bond vouches that this document conforms to American institute of Architects Document A312,2010 edition 1 furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims, demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands, liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants, who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety (at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 52,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60) days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 72 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attomey's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1) or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for,whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor,materials or equipment"that part of water, gas,power,light,heat,oil,gasoline,telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §IT If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 §18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 4 IMPORTANT NOTICE-THIS POWER OF ATTORNEY IS VOID IF"LNIC Original"WATERMARK IS NOT PRESENT POWER OF ATTORNEY Lexington National Insurance Corporation Lexington National insurance Corporation,a corporation duly organized under the laws of the State of Florida and having its principal administrative office in Baltimore County,Maryland,does hereby make,constitute and appoint: David Gonsalves and Jackson Cromer as its true and lawful attorney-in-fact,each in their separate capacity,with full power and authority to execute,acknowledge,seal and deliver on its behalf as surety any bond or undertaking of$1.500,000 or less. This Power of Attorney is void if used for any bond over that amount. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Company on February 15,2018: Be it Resolved,that the President or any Vice-President shall be and is hereby vested with full power and authority to appoint suitable persons as Attorney-in-Fact to represent and ad for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on the behalf of the Company;to execute, acknowledge and deliver any and all bonds,contracts,or indemnity and other conditional or obligatory undertakings;including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any all notices and documents cancelling or terminating the Company's liability thereunder and any such Instruments so executed by any Attorney-in Fact shall be binding upon the Company as if signed by the President and sealed by the Corporate Secretary. RESOLVED further,that the signature of the President or any Vice-President of LEXINGTON NATIONAL INSURANCE CORPORATION may be affixed by facsimile to any power of attorney,and the signature of the Secretary or any Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of such power,or any such power or certificate bearing such facsimile signature or seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed with respect to any bond to which ft is attached continue to be valid and binding upon the.Company. IN WITNESS WHEREOF,the Company have caused this instrument to be signed and their corporate seal to be hereto affixed. �arduu1 ar Pp 0 e E' zSB88 ' y4'.RCppIpF aryl e•F Ronald A.Frank,President State of Maryland County of Harford County,SS: Before me,a notary public,personally appeared,Ronald A.Frank,President of Lexington National Insurance Corporation,who proved to me on the basis of satisfactory evidence to be person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under the PENALTY of PERJURY under the laws of the State of Maryland that the foregoing paragraph is true and correct. WITNESS my hand and official seal Commission Expires: 05/23124 M1DUC Notary I,Lisa R.Slater,Secretary of Lexington National Insurance Corporation,do hereby certify that the above and foregoing Is true and correct copy of a Power of Attorney,executed by said company,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out In the Power of Attorney are In full force and effect In Witness Whereof,I have hereunto set my hand and affixed the seal of said Company at Baltimore,Maryland this day of Corporate Seal: Goa Q Lisa R. ater, ecretary VnleftwH of Attorney 1"m C52021 with WYrmN Kul PERFORMANCE BOND Lexington National Insurance Corporation Post Office Box 6098 Luthervllle MD 21094 Bond No.: L288407-2179 CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) Premo Construction Inc Lexington National insurance Corporation 17192 Murphy Avenue 18316,Irvine,CA 92623 Post Office Box 6098 Lutherville MD 21094 OWNER: (Name,legal status and address) City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 CONSTRUCTION CONTRACT Date: Amount: Three Hundred Sixty-four Thousand pollars( $364,095.00 Description: (Name and location) Well No.9 Roof Replacement CC1687 8851 Warner Avenue,Huntington Beach,CA 92647 BOND Date: 07/24/2023 (Not earlier than Construction Contract Date) Amount: Three Hundred Sixty-fo ,• .,. Pollars ( uiu,,,,/'/`/ Modifications to this Bond: X None f See Section 16 ,,. ",,a.(\ONAL./ys'i,, � OPP D c CONTRACTOR AS PRINCIPAL SURETY ° z g m:m Cony: (Corporate Seal) Company: ( ora?e83ea/, f=temo Construction Inc (�,, ,_ Lexington Nation ance oration • '�ii FLORID ,, � Signature: Signature: ''",,,�� „,a`` Name and Title: Mohammad Ghlassi Name and Title: David Gonsalves Attorney in Fact • (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) The Bond Exchange Inc.,a Wholesale Insurance Agency 11440 Carmel Commons Blvd,Ste 207 Charlotte,NC 28226 8004381162 §1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five (5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 1 Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner_ §7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors, administrators, successors and assigns. §10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between.the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM prerno construction 'Rolm. Well 9 roof replacement (cc tra iNarne) CC NOJ6 7 7 copper Hill meet Address) Iry rte,Ca.„ 92620 (C ty Stated wad no. , .TO: CITY OF HUN INR TON BEACH DECLARATION Att41741 heed is a Vde add ncrrEC 07PYCifttle c mitt cut 01 tiztoondstold Mddaral!mated Endotwomt ca 2010 11E5,which Ortficate coms:kw with te innratoe en�cttO.of# C Ct by tto tv ^t the My �3 : Beach rot() . a -n )for "firoisct'cP ili t&dart wide p n y of delay coke the JAWS a the stateeriOtrrea that the-:tip stotentoot is d eared. july/26/2023 Irvine,C`o. ..J f ' Cyr Sate) (Topottoor ttYnorsgsking Di } WARRANTY COrkradtor booby warrants and wets to mitt Products arid°rompieted()mot=lowande in allrgtanCe nth the Arco re tetiemon'of do Cordract for the Fr Jett Sold it torte shot be inotetoiritid and cad the:espiretto cf a a warropties providso by Cortnetm Sad p -Sala=tab AdtilbIS Irsural rolusen e1 Ci 20L0 118A,coning City es ao addil Orval Mooed Ceotrattar shag swot,to thy,cn at mot'as Mood t a Orditicate of Instrauce arid the eVeirelitraked Endowment e4dendng(=tinted coieroge iOtich rests t e Contrad reoteremods. , Julyr/26/2023 Iry ne,Ca. Lam) Cati4.9 .e CO M JtCTOR: room pre. to construction inc. Moh4m.mcad shtA S '''"----- Title.itte. 'e • rows • • This form to be turned in with Payment Bond. I �rNt I��O o,a � City of Huntington Beach • tiv of Business License P.O. Box 190 rz (714) 536-5267 FAX(714)536-5934 Huntington Beach, CA 92648-2702 Sunny Han Chief Financial Officer PREMO CONSTRUCTION INC 7 COPPER HILL IRVINE, CA 92620 Dear Business Owner: Thank you for your payment. Attached is your City of Huntington Beach Business License certificate. Please note that approximately one month prior to the license expiration date,you will be mailed a renewal notice for the upcoming year. If for any reason your renewal notice does not arrive,you are still responsible for renewing and paying your business license prior to the expiration date. Penalties will be incurred if the payment is not received by the expiration date. Please post the business license in public view. If you do not transact business from a fixed location within the City,you must carry this license with you at all times. If a vehicle license plate number is displayed on the Business License certificate below,you must carry a copy of the certificate in that vehicle. Please contact the Business License office if there are any changes to:ownership, address, business name, business vehicle,or type of business conducted.Additionally,please notify our office if you discontinue your business. The Gender Tax Repeal Act of 1995(Act)prohibits a business from discriminating based on a person's gender for prices of similar or like-kind goods and services. However,the Act does not prohibit price differences based on the amount of time,difficulty,or cost of providing the services. In addition to prohibiting discrimination based on a person's gender,the Act requires certain businesses to clearly and conspicuously disclose to customers in writing the pricing for each standard service provided.The posting requirement applies to barbers and hair salons,tailors or businesses providing aftermarket clothing alterations,dry cleaners,and laundries providing services to individuals.To access the Department of Consumer Affairs publication, please use the following webpage: https://www.barbercosmo.ca.gov/consumers/gender policy.pdf. To access the publication in Korean,Spanish,Vietnamese, Traditional Chinese,Simplified Chinese,or Tagalog, please use the following webpage: https://www.dca.ca.gov/publications/index.shtml There are many resources available to our business owners. Listed below are a few that might be of interest and assistance to you. Office of Business Development -(714)536-5582 Service Corps of Retired Executives-(714)550-7369 Huntington Beach Chamber of Commerce-(714)536-8888 Fictitious Business Name Information-(714)834-2889 CA Department of Tax and Fee Administration-(949)440-3473 Community Development-(714)536-5271 If you have any questions, please call a Business License representative at(714) 536-5267. City of Huntington Beach Business License License Number Business Name/Service Address POST IN PUBLIC VIEW A316733 PREMO CONSTRUCTION INC Effective Date `��NTINGT-� �oF . . 07/01/2023 Owner/Corporation Expiration Date PREMO CONSTRUCTION INC 06/30/2024 License Type CONTRACTOR FCOONTY�p�� e� Amount Paid rys..• ;#/1 $137.30 THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN. IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON-TRANSFERABLE. RENEWAL IS DUE ON OR BEFORE THE EXPIRATION DATE. ® DATE(MM1DDlYYYY) AcL. o CERTIFICATE OF LIABILITY INSURANCE 07/28/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(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 Glno Clemente NAME: Bearstar Insurance Services PHONE (888)601-0088 moIac,No): (888)601-0087 o.Ese: . 2151 Michelson Dr ADDREss: glno@bearstarins.com Suite 150 INSURER(S)AFFORDING COVERAGE NAIL B Irvine CA 92612 INSURER A: Commodore Risk Retention Group Inc INSURED INSURER B: State Compensation Insurance Fund Premo Construction,Inc. INSURER C: Infinity Select Ins Co 17192 Murphy Ave. INSURER D; INSURER E: Irvine CA 92623 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2372800432 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 ADDLSUBR POLICY EFF POLICY EXP INSD WVD POLICY NUMBER (MMIDDIYYYY) (MM/BD/YYYY) LIMITS X COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 AGE TO REED CLAIMS-MADE n OCCUR PRDEMISES SES(Es oau ence) $ 100,000 _ MED EXP(Any one person) $ 3,000 A Y CKO1 CAK001820-00 07/27/2023 07/27/2024 PERSONAL&ADV INJURY $ 1,000,000 GENLAGGREGATE LIMITAPPUES PER: GENERALAGGREGATE $ 2,000,000 HX POUCY ❑!'I 0 LOC PRODUCTS•COMP/OP AGO $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE UMIT $1,000 000 Me accident) ANY AUTO BODILY INJURY(Per person) $ C OWNED SCHEDULED 504-610169642-001 07/27/2023 07/27/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS 2 HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY (Per accident) $ UMBRELLA LIAB r OCCUR EACH OCCURRENCE $ • EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION X STATUTE RP - AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1'000,000 B OFFICER/MEMBEREXCLUDED7 ElN/A Y 9343425-2023 08/01/2023 08/01/2024 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1.000'000 Ryes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Addlllonal Remarks Schedule,may be attached If more space Is required) City of Huntington Beach,its officers,elected or appointed officals,employees,agents,volunteers are included asAdd'ljlgGaipD AS TO FORM This Insurance shall apply as Primary and non contributory,endosement to follow. /' Waiver of Suborgation for Worker's Compensation applies,endorsement to follow. C j3V) 1* MICHAEL E.GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City Of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS, 2000 Main St PO Box 100 AUTHORIZED REPRESENTATIVE � Huntington Beach CA 92648 /"Gu. -a.-49 df7i I (/ ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD • POLICY NUMBER EFFECTIVE DATE AND TIME INSURED CKO I CAK001820-00 7/27/2023 Premo Construction Inc DBA Premo Construction Inc Additional Insured:City of Huntington Beach,its officers,elected or Appointed officials,employees,agents and volunteers THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - ONGOING OPERATIONS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED, is amended to include, for COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIABILITY only, as an additional insured,any person,entity or organization for whom the Named Insured is performing ongoing operations only when the Named Insured has agreed with the person,entity or organization in an"insured contract"to name the person,entity or organization as an"additional insured." 1. Such person,entity or organization is only an."additional insured"with respect to liability for"bodily injury"or • "property damage"caused, in whole or in part,by the ongoing operations of the Named Insured performed for the additional insured. 2. The "insured contract" must be currently in effect or become effective during the policy period, be executed prior to the "bodily injury" or"property damage" first'happening and be between the Named Insured and the "additional insured." 3. This coverage does not apply to"bodily injury"or"property damage"after: a. "Your work"for the additional insured has been completed;or b. That portion of"your work"out of which the"bodily injury"or"property damage"arises has been put to its intended use by any person or organization. . 4. The applicable limit of our liability shall not be increased by the inclusion of the additional insured under the policy, 5. We shall have no duty to indemnify the additional insured for damages, claims or any other liabilities arising from actions,inactions,errors or omissions of the"additional insured." • DGL 1067 1219 • 'Page 1 of 2 • 6. Our duty to contractually indemnify the additional insured under an "insured contract" pursuant to this endorsement shall be limited to that sum derived by applying the percentage of fault•of the Named Insured as determined by the trier the trier-of-fact to the total damage sum allocated by the trier-of-fact to the"additional insured." Under no circumstances shall we pay more than this proportionate contractual indemnity share required of the policyholder in the"insured contract." 7. Any contractual indemnity payments made on behalf of any additional insured under an"insured contract"shall reduce the applicable limits of insurance on a dollar for dollar basis.Any contractual indemnity payments paid to or on behalf of the"additional insured"pursuant to this endorsement are subject to the terms,conditions and limitations of the policy. 8. This endorsement does not create a duty on our part to defend the additional insured or to participate in, contribute to,or reimburse any person,organization or entity for any fees or expenses incurred in the defense of the"additional insured." SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS,Condition 2.Duties In The Event Of Occurrence,Offense,Claim Or Suit of the policy is amended to include: An additional insured under this endorsement shall in addition to complying with all provisions of the policy: 1. Give written notice to us of an occurrence or an offense which may result in a claim or"suit"within thirty(30) days of notice to the"additional insured." • 2. Give written notice to us of a claim or"suit"brought against the"additional insured"within thirty(30)days of the additional insured being served with the claim or"suit." 3. Give written notice to any other insurer who has or may have coverage under its policy.or policies for a claim, "suit"or demand for defense or indemnity within thirty(30)days of the"additional insured"being served with the claim,"suit"or.demand for defense or indemnity.Such notice must demand the full coverage available under the policy.The"additional insured"will not take any action to waive or limit such other coverage available to it. 4. Obtain and provide to us copies of each and every policy from each and every insurer identified pursuant to the preceding paragraph. The following is added to SECTION V-DEFINITIONS:ADDITIONAL INSURED "Additional insured"means any person or.organization that the Named Insured has agreed in an"insured contract" to name as an "additional insured" and has been named or identified by description in an "additional insured" endorsement issued and attached to the policy.Coverage is afforded under this policy for an additional insured for Coverage A liability only. "Bodily injury" and "property-damage" coverage is afforded-to the "additional insured(s)" as provided in the insuring agreement and subject to all policy provisions, provided that the "bodily injury" or "property damage" also: I. First takes place after the execution of the"insured contract";and 2. Arises from"your work"performed for the"additional insured"(s)during the policy period or arises from"your" "ongoing operations." All other Terms and Conditions of this Policy remain unchanged. DGL 1067 1219 Page 2 of 2 • • POLICY NUMBER EFFECTIVE DATE AND TIME INSURED CKOICAK00182000 7/27/2023 Premo Construction Inc DBA Premo Construction Inc THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. • ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - BLANKET COMPLETED OPERATIONS • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s)Or Location(s)Of Covered Operations Organization(s): City of Huntington Beach,its officers,elected or Appointed Any location of Additional, Insured Person or officials,employees,agents and volunteers Organization where work is performed by you if products-completed operations hazard coverage is required by insured contract. SECTION II-WHO IS AN INSURED,is amended to include,for COVERAGE A-BODILY INJURY,PROPERTY DAMAGE,only,as an additional insured,the person,entity or organization designated in this endorsement for whom the Named Insured has performed operations only when the Named Insured has agreed with the person, entity or organization in an"insured contract"to name the person,entity or organization as an additional insured. 1. Such person,entity or organization is only an additional insured with respect to liability for"bodily injury" or "property damage"caused,in whole or in part,by"your work" at the location designated in this endorsement • performed for the'additional insured under the "insured contract" and included in the "products-completed operations hazard." 2. The "insured contract" must be currently in effect or become effective during the policy period, be executed prior to the"bodily injuiy"or"property damage" first happening,and be between the Named Insured and the • additional insured. 3. The applicable limit of our liability shall not be increased by the inclusion of the additional insured under the policy. 4. We shall have no duty to indemnify the additional insured for damages, claims or any other liabilities arising from actions,inactions,errors or omissions of the additional insured. 5. Our duty to contractually indemnify the additional insured under an "insured contract" shall be limited to that sum derived by applying the percentage of fault of the Named Insured as determined by the trier-of-fact to the total damage sum allocated by the trier-of-fact to the additional insured.Under no circumstances shall we pay more than this proportionate contractual indemnity share. • DGL 1068 1219 Page 1 of 2 6. Any contractual indemnity payments made on behalf of any additional insured under an"insured contract"shall reduce the applicable limits of insurance on a dollar for dollar basis.Any contractual indemnity payments are subject to the terms,conditions and limitations of the policy. 7. This endorsement does not create a duty-on our part to defend the additional insured or to participate in, contribute to,or reimburse any person,organization or entity for any fees or expenses incurred in the defense of the additional insured. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS,and SECTION IV-PRODUCTS/ COMPLETED OPERATIONS LIABILITY CONDITIONS,Condition 2.Duties In The Event Of Occurrence, • Offense,Claim Or Suit of the policy is amended to include: An additional insured under this endorsement shall in addition to complying with all provisions of the policy: I. Give written notice to us of an occurrence or an offense which may result in a claim or"suit"within thirty(30) days of notice to the additional insured. 2. Give written notice to us of a claim or"suit"brought against the additional insured within thirty(30)days of the additional insured being served with the claim or"suit." • 3. Give written notice to any other insurer who has or may have coverage under its policy or policies for a claim, "suit"or demand for defense or indemnity within thirty(30)days of the additional insured being served with the claim, "suit" or demand for defense or indemnity. Such notice must demand the full coverage available under the policy.The additional insured will not take.any action to waive or limit such other coverage available to it. 4. Obtain and provide to us copies of each and every policy from each and every insurer identified pursuant to the preceding paragraph. • • • • • All other Terms and Conditions of this Policy remain unchanged. DGL 1068 1219 Page 2 of 2 CKO • Premo Construction Inc DBA ICAK001820-00 7/27/2023 Premo Construction Inc THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED- ONGOING OPERATIONS -PRIMARY AND NON- CONTRIBUTORY- OWNERS,LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II-WHO IS AN INSURED,is amended to include,for COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY only,as an additional insured, any person,entity or organization for whom the • Named Insured is performing operations only when the Named Insured has agreed with the person, entity or organization in an insured contract to name the person,entity or organization as an additional insured. I. Such person,entity or organization is only an additional insured with respect to liability for"bodily injury"or "property damage"caused,in whole or in part,by the ongoing operations of the Named Insured performed for the additional insured. 2. The "insured contract" must be currently in effect or become effective during the policy period, be executed prior to the "bodily injury" or"property damage" first happening and be between the Named Insured and the additional insured. 3. This coverage does not apply to"bodily injury"or"property damage"after: a. "Your work"for the additional insured has been completed;or b. That portion of"your work"out of which the"bodily injury"or"property damage"arises has been put to its intended use by any person or organization. 4. The applicable limit of our liability shall not be increased by the inclusion of the additional insured under the policy. • 5. We shall have no duty to indemnify the additional insured for damages, claims or any other liabilities arising from actions, inactions,errors or omissions of the additional insured. 6. Our duty to contractually indemnify the additional insured under an "insured contract" shall be limited to that sum derived by applying the percentage of fault of the Named Insured as determined by the trier the trier-of- fact to the total damage sum allocated by the trier-of-fact to the additional insured.Under no circumstances shall we pay more than this proportionate contractual indemnity share. 7. Any contractual indemnity payments made on behalf of any additional insured under an"insured contract"shall reduce the applicable limits of insurance on a dollar for dollar basis.Any contractual indemnity payments are subject to the terms,conditions and limitations of the policy. • DGL 1069 1219 Page 1 of 2 8. This endorsement does not create a duty on our part to defend the additional insured or to participate in, contribute to,or reimburse any person,organization or entity for any fees or expenses incurred in the defense of the additional insured. • SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS,Condition 2.Duties In The Event Of Occurrence,Offense,Claim Or Suit of the policy is amended to include: An additional insured under this endorsement shall in addition to complying with all provisions of the policy: 1, Give written notice to us of an "occurrence" or an offense which may result in a claim or"suit" within thirty (30)days of notice to the additional insured. 2. Give written notice to us of a claim or"suit"brought against the additional insured within thirty(30)days of the additional insured being served with the claim or"suit." 3, Give written notice to any other insurer who has or may have coverage under its policy or policies for a claim, "suit"or demand for defense or indemnity within thirty(30)days of the additional insured being served with the claim, "suit" or demand for defense or indemnity. Such notice must demand the full coverage available under the policy.The additional insured will not take any action to waive or limit such other coverage available to it. 4. Obtain and provide to us copies of each and every policy from each and every.insurer identified pursuant to the preceding paragraph. The coverage provided by this endorsement is primary and non-contributory and no insurance held or owned by the additional insured shall be called upon to cover damages under this policy up to the limits of this policy,but only if the "bodily injury"or"property damage"under this policy is caused directly,in whole or in part, from your ongoing operations performed for the additional insured. • • • • All other Terms and Conditions of this Policy remain unchanged. DGL 1069 1219 Page 2 of 2 POLICY NUMBER EFFECTIVE DATE AND TIME INSURED CKO I CAK001820-00 7/27/2023 Premo Construction Inc DBA Premo Construction Inc THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Location(s)Of Covered Operations City of Huntington Beach,its officers,elected or Appointed Any construction project performed by you for any officials,employees,agents and volunteers person or organization against whom subrogation is required to be waived by an"insured contract." SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS,8.Transfer Of Rights Of Recovery Against Others To Us is deleted in its entirety and replaced by the following: 8.Transfer Of Rights Of Recovery Against Others To Us If any insured has rights to recover all or part of any payment we have made under the applicable Coverage Part, those rights are transferred to us.The insured must do nothing after loss to impair such rights.At our request, such insured will bring"suit"or transfer those rights to us and help us enforce them. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for"bodily injury"or"property damage"arising out of"your work"done under an"insured contract"with that person or organization at the designated construction project. This waiver applies only if the designated construction project shown in the Schedule above is completed and only to the construction project designated in the above Schedule. • • All other Terms and Conditions of this Policy remain unchanged. DGL 1082 1219 Page 1 of 1 Bond\umber. BB366355 Bid Bond CONTRACTOR: SURETY: (Name./ga/status and address) (Name.Irgal.r;aiirs and principal i/a7-r of inisine cc) Premo Construction Inc Lexington National Insurance Corporation 17192 Murphy Avenue 18316,Irvine,CA 92623 Post Office Box 6098 Lutherville,MD 21094 (949)233-8820 4106250800 OWNER: (Name. legal status and address) City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 BOND AMOUNT: Not to Exceed: Thirty-seven Thousand ( $37,000.00 ) Dollars PROJECT: (Name. location or address.and Prvjed number,i f an)) Well No.9 Roof Replacement CC1687 8851 Warner Avenue,Huntington Beach,CA 92647 The Contractor and Surety are bound to the Owner in the amount set forth above,for die 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 die 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 am-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 au extension beyond sixty(60)days. If this Bond is issued iu 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 irh the location of the Project, any provision in this Bond conflicting with said sustutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,die intent is that this Bond shall be construed as a statutory bond and not as a common Law bond. Signed and sealed this 19th day of June 2023 • Premo Constru Inc • (Print- al) ginli• • (1r7tuess) (Title �,���������. ingto tional Insurance Corporation ,,, mot', G9 (Sum.) r o O ( +9y /1�/ David Gonsalves °;; SeaV-A -Z:z 1989 0{{:c,_ (lr71uess) Ni Brady I.0▪ ..•� f`'D Attorney In Fact • (Title) ",,rtOR1oP,,.,°`` By arrangement with the American Institute of Architects, the National Association of Surety Bond - Producers (NASBP)(www.nasbp.ore)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 N A S BP the orieinal text of this document conforms exactly to the text in ALA Document A310-2010, Bid Bond. Subsequent nnhdilications 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. �e At-tad-in-lent CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 .c-o �rrrn �r� Ee cr-{r�� - - - „ rcr � �n�m 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 go ' �a 3 before me, Tristan Jay Laya Tekirdaglis,Notary Public Date *l� �" Here Insert Name and Title of the Officer personally appeared 1` (AGM yr)aJ G f I I g5 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. r TRISTAN JAY LAYATEKIRDAGLIS WITNESS my hand and official seal. '.=`+ Notary Public-California s _ T. Orange county Vear- • Signature zt. oR co lossio fe Ap 27?2026 °1 MY Comm.ExP 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): 0 Corporate Officer — Title(s): ❑Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General ❑Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑Trustee 0 Guardian or Conservator ❑Trustee 0 Guardian or Conservator ❑Other: 0 Other: Signer Is.Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 IMPORTANT NOTICE-THIS POWER OF ATTORNEY IS VOID IF"LNIC Original"WATERMARK IS NOT PRESENT POWER OF ATTORNEY Lexington National Insurance Corporation Lexington National Insurance Corporation,a corporation duly organized under the laws of the State of Florida and having its principal administrative office in Baltimore County.Maryland,does hereby make,constitute and appoint: David Gonsalves and Jackson Cromer as its true and lawful attorney-in-fact,each in their separate capacity,with full power and authority to execute,acknowledge.seal and deliver on its behalf as surety any bond or undertaking of S1.500.000 or less. This Power of Attorney is void if used for any bond over that amount. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Company on February 15,2018: Be it Resolved,that the President or any Vice-President shall be and is hereby vested with full power and authority to appoint suitable persons as Attorney-in-Fact to represent and ad for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on the behalf of the Company,to execute. acknowledge and deliver any and all bonds,contracts,or indemnity and other conditional or obligatory undertakings,including any and all consents for the rpipacP of retained percentages and/or final estimates on engineering and construction contracts,and any all notices and documents cancelling or terminating the Company's liability thereunder and any such instrumerds so executed by any Attorney-in Fact shalt be binding upon the Company as if signed by the President and sealed by the Corporate Secretary. RESOLVED further,that the signature of the President or any Vice-President of LEXINGTOff l NATIONAL INSURANCE CORPORATION may be affixed by far idle 10 any pry of attorney.and the sire of the Secretary or any Assislant Secretary and the seal of the Company may be affixed by farsisite to any certiFicate of such poser,or arty such poser or certificate hearing such facsimile signature or seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by c rtrfrcate so executed and sealed with respect to any bond to which it is attached continue to be valid and binding upon the Company. IN WITNESS WHEREOF,the Company have caused this instrument to be signed and their corporate seat to be hereto affixed. xt9B9oo Ronald A.Frank,President State of Maryland County of Harford County,SS: Before me,a notary public,personally appeared.Ronald A_Frank,President of Lexington National Insurance Corporation,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument_ I certify under the PENALTY of PERJURY under the laws of the State of Maryland that the foregoing paragraph is true and correct. WITNESS my hand and official seal. tpw Commission Expires: 05f23f24 Notary I.Lisa R.Slater,Secretary of Lexington National Insurance Corporation,do hereby certify that the above and foregoing is true and correct copy of a Power of Attorney,executed by said company,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect In Witness Whereof.I have hereunto set my hand and affixed the seal of said Company at Baltimore,Maryland this ygthday of lucre 2023 Corporate Seal: !n Lisa R. ater, retary F'..eFove'or ARare,fan CS 2027 w.fw`.tiefeflt S' ,A \,�N�!N�To/ City of Huntington Beach dr off. ` t00094°,! °i V fix • � 2000 Main Street ♦ Huntington Beach, CA 92648 -_._- (714) 536-5227 • www.huntingtonbeachca.gov s01 Office of the City Clerk cobNTY CP�e. Robin Estanislau, City Clerk August 8, 2023 Premo Construction, Inc. Attn: Mohammad Ghiassi 7 Copper Hill Irvine, CA 92620 Re: Well No. 9 Roof Replacement— CC-1687 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. • Sinc rely, o 9i6 /4/241.44) Robin Estanislau, CMC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister City: Anjo, Japan off' / ,a/ / / >c'L'ci��� vomit ooe/7 f7/ Je c--' n%g m A/c'/l Net. .9 / ()4;-we/o/aL'/;7el r . ccit / B� RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH if INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 2/F/.23 SUBJECT: Bond Acceptance I have received the bonds for Pr '/no L tA-)S' G7)d i/no (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 1.. Fge1/0�"'�� Payment Bond (Labor and Materials) Bond No. L289/6 _ 2 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 Boa s/Z3 Re: Tract No. Approved 0 (Council Approval Date) CC No. OC, /Geg?-. Agertef&n No. J �" MSC No. City Clerk Vault No. &DO- s0 Other No. SIRE System ID No. 1vy0a5W g:/forms/bond transmittal to treasurer Switzer, Donna From: Dettle, John Sent: Tuesday, August 8, 2023 3:36 PM To: Switzer, Donna Subject: RE: CC-1687 Well No. 9 Roof Replacement Hi Donna, The City received only one bid for the Well 9 Roof Replacement. John Dettle,Associate Civil Engineer (714) 536-5509 John.Dettle@surfcity-hb.org From: Switzer, Donna <Donna.Switzer@surfcity-hb.org> Sent:Tuesday,August 8, 2023 3:21 PM To: Dettle,John <John.Dettle@surfcity-hb.org> Subject: CC-1687 Well No. 9 Roof Replacement Hi John, I'm working on the CC 1687 contract now. Was Premo the only vendor to submit a proposal? I'm in I:\Public Works Electronic Bid Openings right now and I do not see any other proposals for the project. Please confirm whether or not Premo was the sole bidder. If not, please upload the other proposals into the folder for CC 1687. Feel free to give me a call should you have any questions. Thank you. Sincerely, Donna Switzer, CMC Senior Deputy City Clerk r City of Huntington Beach,City Clerk's Office Work (714)374- • - 1649 1 ��NT1NGro 2000 Main Street, of s,.o�••� B Huntington Beach,CA F 92648 City of Huntington Beach APPROVED 7-0 File #: 23-577 MEETING DATE: 7/18/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Alvin Papa, Acting Director of Public Works PREPARED BY: John Dettle, Associate Civil Engineer Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Premo Construction in the amount of$364,095 for the Well 9 Roof Replacement Project, CC1687. Statement of Issue: On June 22, 2023, bids were publicly opened for the Well 9 Roof Replacement Project, CC1687. City Council action is requested to award the construction contract to Premo Construction, Inc., the lowest responsive and responsible bidder. Financial Impact: The total cost of the project, including contingency and inspection is $425,505. Funds in the amount of$328,205 are available in Water Fund account 50691043.82100. Staff is requesting an appropriation of$97,300 from the undesignated Water Fund balance to fund the remainder. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Premo Construction, Inc. in the amount of$364,095; B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and C) Appropriate $97,300 from the Water Fund to account 50691043.82100. Alternative Action(s): Reject all bids, and direct staff to rebid the project. Analysis: Water Production Staff identified that the Well 9 facility was vulnerable to fire risk, due to excessive heat buildup in the exhaust system caused by insufficient ventilation; the ventilation system City of Huntington Beach Page 1 of 2 Printed on 7/13/2023 powers'LegistarTM File #: 23-577 MEETING DATE: 7/18/2023 automatically shuts off when the facility doors are not fully closed. Staff immediately implemented a standard procedure to keep the engine room door closed at all times. However, in the absence of a permanent structural solution, the Well 9 facility would remain at risk of fire and a lengthy shutdown as repairs are made. A well shutdown increases cost to the City, because it forces the City to pay for imported water to meet the City's domestic water demands. Groundwater production via pumping of well water saves the City approximately $200,000 a month versus imported water costs. As such, in Fiscal Year 2022/23, Public Works Engineering began the design to modify the Well 9 roof and ventilation system. This project will replace the wood roof at Well 9 with a concrete and steel decking roof, add wall openings and louvers in the engine room for ventilation, and add a roof mounted ventilation fan to pull air across the engine and exhaust system through the roof. Additional chain link gates will be constructed to prevent access to the area behind the Well 9 engine room. The Engineer's Estimate presented at the Public Works Commission in April 2023 was $384,000 and included a 10% contingency, 20% inflation factor, and $25,000 for special inspections. The additional appropriation requested is due to the inflation of construction bids over the past Fiscal Year. Bids were publicly opened on June 22, 2023, and only one bid proposal was received. There was a mandatory pre-bid meeting, and two firms attended. Premo Construction, Inc. was one of the two firms that complied with this requirement. Staff has checked the references for Premo Construction, Inc. and found them to satisfactory. The work experience listed was similar to Well 9. Premo Construction, Inc.'s bid was approximately $20,000 under the Engineer's Estimate. Staff recommends awarding a contract to Premo Construction, Inc. in the amount of$364,095. The estimated construction cost is $425,505, which includes the construction contract amount, a 10% contingency, and supplemental expenses for special inspections. Environmental Status: The project is categorically exempt pursuant to Class 1, section 15031 c of the California Environmental Quality Act. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. PowerPoint Presentation 2. Location Map City of Huntington Beach Page 2 of 2 Printed on 7/13/2023 powers'LegistarM 411.' p. // ... 1 lN G T11,„ 0 p R P O Rq�•••to , \ Well Roof_--• _____ _ _ ______ ___ %i , • ....:. \ , ;(, e, - \, . RePlacementProject __ _ _ ___ • % _ __ ____ _ ==_- __ _ _=_ _--= July 18, 2023 _4:4,-. /, /, / ),_,: 44•41:4, , k' I ••• B.. 7 9 , p Q ,� 19 . ' 0 • •••:•••••,, £OUNTN P 230 BACKGROUND AND PROJECT SCOPE The Well 10 timber roof caught fire in 2009 due to excessive heat build up in the exhaust system due to a lack of ventilation and air flow across the engine and exhaust system . The Engine Room roof at the Well 9 Facility is similar construction to Well 10. The project will replace the Well 9 timber roof with a concrete and metal decking roof and add ventilation to the Engine and Muffler Rooms with a new roof , i ' NTINGT _ mounted exhaust fan to pull air across the engine and ;_•.,�.��, exhaust system and vent hot air out the roof. ' - =� • _ Q t i 231 WELL 9 VICINITY MAP ,-, --,::. -431 pi, .. 1 oi :.- j ' -:, fv,pi r 11,40,.,,,--,... ,., F.,ii. ..t, irc4.:44t, ,„ ' -,, E i id r„ k ,--t,,,e ;.,,' It.• ',,,t � �''** R x t;s a ° - 3 , , • rit mrhrry Dr Awh ry Dr -.. 4* - _ R —i 3 griv .x • N a r= iii te, �,�1r, WA nip' ' II -- uanurAvc w A ; -, - r ,:. -" ` .ma ary -' t � p �: .:- wnar Ave -. v! a Av s3a'�' i diroI a,,. :, • ^ ^ _ �:_— / �(• N :... r a -,_.� .,ate.. � , • il° • 4' ' 1410111111 I, ,.,1 ,g , _ V j _ /fit h • (tom ` _�°UNT\t 232 PROJECT BENEFITS • Prevent roof fire at Well 9 from wood frame roof, reducing fire risk to adjacent homes and businesses • Prevent loss of local water production from loss of Well 9: approximately $200,000 loss per month • Provide an environmentally controlled and more ,� ��N�iN .• +ll �c...N�pRPURgrF�•. „Or \\ secure work area for Water Operations crews + . •.:p� ?a `G'F•••.8.;7, so ;°- ,<<0.11 00 233 STAFF REPORT • Construction Bids Received June 22, 2023 • Current Budget: $328,205 (Water Enterprise Fund) • Request Award to Lowest Bidder — Premo Construction , Inc. • Total Low Bid = $364,095 • Total Project Cost including Inspection = $425,605 • Recommended Action : Accept the lowest responsive bid and authorize execution of construction contract with Premo Construction Inc. and appropriate $97,300. , �'UN�iNGT© • Alternative Recommendation : Reject All Bids ,��.:�,Nc�RP�RglF.•..".6yt;;. • Construction Start: September 2023 LL '_ 1 ,0 • Construction Duration : 8-12 weeks ��•'•••�FF-T '=�� � ' �G'F ••... �ao� •. gyp �l C%,`/I 234 Questions ? ,,.r,'i`'.:..,,-.,.,`,',,',' ,.—. i`1_4ir.t.%:., '"`"'ra l ',,I. ,i r',q'fi i ; i is..'4.... t 4.. t,, �y ; .f 1 *P d�1 '! , tam�+c•' ' .5, z --�� .»a . ...„ .. _: ,,.„,,,,,,,: ,,,,...,,,,..,,..,,..,4,,,,,......„,„,„,„,t. .. .„:,,,,,:,..,,,,,.....,„„ :„.,:,, r, r� ,31. ',*. .f- �� :.x"t k fi * r" r ((t(:,y yil t .. a,y , �.,, r # „, .. ./. �. _•ter d _ r i� 235 WELL 9 VICINITY MAP ,�Slt rs _....wa v N,- a s — s .,,, .. t r to t r € r r n , i Se7 , f t v lit -. t,r1 ILI_, ' oz1 ':-F',?., :,2 - ..00Sik :ii ' ' : 3 .(j. • — - ':1 fir : r . _ t � IYY iV�ur / _ yy, .5 `� - _ . !� Anthony Dr A,, f •_ r � k * , ., Ott •.•, Y • r y i �. al ^^^111 r i f � f At ve __ tor " Warner Ave Ave " I Warner , - fA lel #^fe s '- i s II ,1, '„ , ' 'fall-"1 M "y �?�,,.� .. ... _ -r-v-.:"A f= �.! Si lr• 1� .'41 x• y tgr14 { ' .; t Co/Ufti. s// /,2,3 6/ 5/23 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of WELL NO. 9 ROOF REPLACEMENT CC No. 1687 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 11:00 am ON NNE 22 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?CompanyID=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at: https://www.planetbids.com/portal/portal.cfln?CompanylD=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California,which are available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code,Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. 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:Well No.9 Roof Replacement CC#: 1687 Bid Opening Date:JUNE 22,2023 at 11:00 AM. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A, at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Project Description: The WORK of this Contract will consist of removal of the existing wood roof at Well No.9,installation of new ventilation louvers onto the CMU building,and installation of a new concrete deck roof and exhaust fan. A mandatory pre-bid meeting will be held to inspect the site and discuss the work to be done and the Contractor's responsibilities. The City's representatives will be available to address questions. The meeting will be held at Well No.9; 8851 Warner Avenue, Huntington Beach, CA 92648 on JUNE 12,2023 at 10:30 am. 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 ou eca INCLUDES THE FOUNTAIN VALLEY VIEW 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714) 796-2209 legals@inlandnewspapers.com City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Account Number: 5196687 Ad Order Number: Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 05/25/2023 and 06/01/2023 Total Amount: $1461.46 Payment Amount $0.00 Amount Due: $1461.46 Notice ID: EILfHzrba713nNtpP9k7 Invoice Text: SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of WELL NO.9 ROOF REPLACEMENT CC No. 1687 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 11:00 am ON JUNE 22 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=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?CompanylD=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents,to be added to the prospective bidders list,and to receive addendum notifications when issued.Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California,the minimum prevailing rate of per diem wages for each craft,classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California,which are available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach,CA 92648.The AGENCY will deduct 5%retention from all progress payments.The NIEB CC No. 1687 (5190751) - Page 1 of 3 e 740CesBEui See Proof on Next Page INCLUDES THE FOUNTA VALLEY VIEW Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 714)796-2209 2000 Main Street,Attn: Human Resources Huntington Beach,California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County 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 County, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Irvine, County of Orange County, 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: 05/25/2023,0610112023 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:Jun 1,2023. ekia,„J„,„),„0„), Signature NIEB CC No. 1687 (5190751) - Page 1 of 3 SECTION A NOTICE INVITING ELECTRONIC BiDS for the construction of WELL NO.9 ROOF REPLACEMENT CC No.1687 . in-the CiTY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the C1TYOF HUNTINGTON BEACH,as AGENCY, Invites electronic bids for the above stated protect and will receive such bids prior to • 11:00 am ON JUNE 22 2023, on the City's PlanetBlds 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 PlanetBlds System Vendor Portal website at: hops://www.planetbids.cam/portal/portai.cfm?Companyl 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?CompanyI D=15340.Bidders must first register as a vendor on the City of Huntington Beach PlanetBlds 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. Pursuanttothe 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/DLSRand 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 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:Well No.9 Roof Replacement CC#:1687 Bid Opening Date:JUNE 22,2023 at'11:00 AM. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractors License Class A, at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY.All extension of unit prices will be subject to verification by the AGENCY. in case of a variation between the unit price and the extension,the unit price will govern. Project Description: The WORK of this Contract will consist of removal of the existing wood roof at Well No. 9,installation of new ventilation louvers onto the CMU building,and installation of a new concrete deck roof and exhaust fan. A mandatory pre-bid meeting will be held to inspect the site and discuss the work to be done and the Contractor's responsibilities.The City's representatives will,be available to address questions. The meeting will be held-at Well No. 9; 8851 Warner Avenue, Huntington Beach,CA 92648 on JUNE 12,2023 at 10:30 am. All questions related to this bid solicitation must be submitted through the City's PlanetBlds System Vendor Portal per the information provided In the instructions to Bidders:Any other contact to City stuff regarding this bid solicitation will be referred back to the PlanetBlds 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, NIEB CC No. 1687 (5190751) -.Page 2 of 3 CALIFORNIA,the 7th daY of June 2022,by Resolution No.2022-28. Attest: /s/Robin Estanlslau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Huntington Beach Wave Published:5/25,6/1/23 NIEB CC No. 1687 (5190751) - Page 3 of 3