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HomeMy WebLinkAboutExcel Paving Inc. - 2023-08-01 (2) RECEIVED BY: CITY CLERK RECEIPT COPY A)GY 1 ��`� Return DUPLICATE to .](�!r JJJ[ City Clerk's Office (Name)I after signing/dating I�� (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION 0, TO: City Treasurer FROM: City Clerk DATE: ///. /.23 SUBJECT: Bond Acceptance I have received the bonds for -)/p) biz} . �11 tilt / (Company Name) `/ CAPITAL PROJECTS (Includes CC's and MSC's) / , Performance Bond No. KL/D51, Payment Bond (Labor and Materials) Bond No. /QS/GL// -/f' Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved ,/, /7.3 (Council Approval Date) CC No. Agenda ffem No. e.23 1/L� MSC No. City Clerk Vault No. Le )t9. SO Other No. SIRE System ID No. &I/C IA-2 g:/forms/bond transmittal to treasurer i733 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PALP,INC DBA EXCEL PAVING FOR FLOW LINE HALF ROUND DRAINAGE STRUCTURES AT VARIOUS INTERSECTIONS OF PALM, ACACIA, PECAN, ORANGE, OLIVE, AND WALNUT AVENUES 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 PALP,INC DBA EXCEL PAVING , 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 FLOW LINE HALF ROUND DRAINAGE STRUCTURES,CC-1733 in the City of Huntington Beach;and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK;ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 16-5195/City Funded Construction Contract.docx—revised 04/2016 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms,conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions,amendments or addenda thereto; 2 16-5195/City Funded Construction Contract,docx—revised 04/2016 D. The edition of Standard Specifications for Public Works Construction, published by Builders'News,Inc., 10801 National Boulevard,Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids,the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit"A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contract.docx—revised 04/2016 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement,subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed FOUR HUNDRED EIGHTEEN THOUSAND TWO HUNDRED FIFTY Dollars ( 418,250.00 ), 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 FIFTY ( 50 )consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contract.docx—revised 04/2016 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal,the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site,for any reason,relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contract.docx—revised 04/2016 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall,prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent(100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent(100%) of the final contract price, including all change orders, to warrant such performance for a period of one (I) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CON TRACTOR 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 CON'1'RACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is,and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.docx—revised 04/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. • 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of ONE THOUSAND DOLLARS ($ 1,000.00 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable 'endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay;and CONTRACTOR agrees to pay these damages herein provided,and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes,unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay(unless DPW shall grant a further period of time),notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contractdocx—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 Iatent 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(I)calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1'773.8 of the California Labor Code,regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number,work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman,apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any,shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards,and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION,DEFENSE,HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands, defense costs, and consequential damage or liability of any kind or nature,however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx—revised 04/2016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/City Funded Construction Contract.docx—revised 04/2016 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend,hold harmless and indemnify CITY,CONTRACTOR shall obtain and furnish to CITY,a policy of general public liability insurance,including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees,agents,and volunteers(the"Additionally Insured Parties")as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx—revised 04/2016 26. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement;the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force;and 3. Promise to provide that such policies will not be canceled or modified without thirty (30)days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies,naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10)days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contract.docx—revised 04/2016 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10)days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement;in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause,and whether or not PROJECT is fully complete upon seven(7)calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience,the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract,docx—revised 04/2016 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination. of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement,or any part hereof,or any right or duty created herein,without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES;RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CON TRACTOR. 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 PALP,INC DBA EXCEL PAVING ATTN:RAFAEL SUAREd2 Public Works ATTN: KEN CORRY 2000 Main Street 2230 LEMON AVE Huntington Beach, CA 92648 LONG BEACH, CA 90806 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/City1~unded 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 CON TRACTOR. 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 TN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on 41dq/�� / , 20.23 . U CONTRACTOR: CITY OF HUNTINGTON BEACH,a municipal B ��— corporation o e State f alif is y: I� Curtis P. Brown III President May (print name)' ITS: Chairman/President/Vice-President City Clerk ///z/zG' (circle one) INITIATED A VED: AND By: )}/ Director of Public Works Crissa A!'hillips,Asst. Secretary (print name) VIE AND APPROVED: ITS: Secretary / Chief Financial Officer / Asst. Secretary/Treasurer (circle one) ity M a r APPROVED City Attorney 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 L-7 ,s'r ',4 SECTION C PROPOSAL FOR THE CONSTRUCTION OF FLOW LINE HALF ROUND DRAINAGE INLET STRUCTURES ON FLOW LINE HALF ROUND DRAINAGE INLET STRUCTURES AT VARIOUS INTERSECTIONS OF PALM, ACACIA, PECAN, ORANGE, OLIVE, AND WALNUT AVENUES CC NO. 1733 IN THE CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor,in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working days, starting from the date of the Notice to Proceed with Work after materials are procured. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications,Exhibits,Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. c-i If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid,find '(ate op A in the amcarigERGENT Of wriOichta BID' said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed 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: d 011 Addendum No: Date Received Bidder's Signature. C-2 sallysto;-� BID PROPOSAL •0 5��� FLOW LINE HALF ROUND DRAINAGE INLET STRUCTURES AT VARIOUS INTERSECTIONS OF PALM,ACACIA,PECAN,ORANGE,OLIVE,AND WALNUT AVENUES • • UNIT QUANTITY UNIT PRICE AMOUNT REMOVE AND DISPOSE OF EXISTING CURB,GUTTER,ASPHALT CONCRETE,AND INLET • 7 DRAINAGE DEVICE/STRUCTURE,AND CONSTRUCT NEW FLOW LINE HALF-ROUND INLET EA 50 $8,365.00 ,41b DRAINAGE STRUCTURE PER DESIGN DETAIL 1 • • TOTAL BID AMOUNT WRITTEN IN FIGURES • j "• TOTAL BID..AMOUNT WRITTEN IN WOR 461,v4:64,-Awk-47;40 .ViimAisor DATE: � 7,1 /2� • •-All work includes disposal of removed material offslte and restoration of adjacent Improvements disturbed during construction to an in kind or better state upon completion of work at each site. Any and at costs for moblimifon,traffic cordial,and site restoration shall be included In the wit price bid per each C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR.PWC Dollar %of Item(s) Subcontractor License Registration# Amount `' Contract Number t { By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform at least 50% of the total work and 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on . 10 at LONG BEACH , Date City State CPurfiresis P Brown 111 , being, t l ij rn, deposes and says that he or she is �a�n: . of 1 ANY themakingthe EXCEL A11NG COMP party foregoing bid that the bid is not made in the interest o ,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. PALP. INC DBA EXCEL PAVING COMPANY Name of Bidder Curtis P Brown dl nt wgnature of Bidder 2230 LEMON AVE LONG BEACH, CA 90806 Address of Bidder C-5 CALIFORNIAiLL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifieswonly the identity of the individual who signed the document to which this certificate is attached, -and not the truthfulness, accuracy, or validity of that document. State of California } County of. Los Angeles.. ._..... } On JUN 2 .. 202 before me, R Covington:.Notat Public ` ere mat name eoa11e atAtae ata eery; personally appeared Curtis..P Brown III who proved to me on,the basis of satisfactory evidence to be the person(s)whose name(s)is/alia subscribed to the within instrument and acknowledged to me that he/sbceittaley executed the same in his/tg( ir authorized capacity(ies), and that by his/hemtth3ir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. R.Ca»H GTON t a �� i, comm.C ``23:59692 ro .. ) Notary Pu ic-C a4 formic 2 / L.C1S Aix{CF t ES coum a Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM ' This form complies with current California statutes regarding notary wording and, „ DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary ; law. Pie or description of attached document) . ..` • State and County information must be the State and County where the document ' ,_ signets)personally appeared before the notary public for acknowledgment. • Date of notarisation must be the date that the signer(s)personally appeared which ' (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his of her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your.title(notary public). .-. ,. .. ., . • Print the name(s) of document signer(s)who personally appear at the time of . notarization. r '1 CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual S heisheftbey-is late)or circling the correct forms.Failure to correctly indicate this ( ) • information may lead to rejection of document recording. X( CO.orate Officer • The notary seal impression must be clear and photographically reproducible. President.__..... Impression must not cover text or lines.If seal impression smudges,re-seal if a (stria sufficient area permits,otherwise complete a different acknowledgment form. ❑ Paltner(s)" • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact • Additional information is not required but could help to ensure this I r ❑ Trustee(s) acknowledgment is not misused or attached to a different document, Other �' Indicate title or type of attached document,number of pages and date. 0 fi Indicate the capacity claimed by the signer.If the claimed capacity is a ' corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. C 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 FLOW LINE HALF ROUND DRAINAGE INLET STRUCTURES AT VARIOUS INTERSECTIONS OF PALM,ACACIA,PECAN, ORANGE,OLIVE, AND WALNUT AVENUES, (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. PAS_INC rim EXCEL PAVING COMPANY Contractor B' Curtis P. Brown ID President Title Date: jug? 3 ?OM C-6 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 INo If the answer is yes, explain the circumstances in the space provided. � NIP� Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 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. PALE INC DBA EXCEL PAVING COMPANY Contractor Curtis P. Brown III President Title J Date: C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: PALP, INC IDBA EXCEL PAVING Bidder Name 2230 LEMON AVE LONE L'ACH. CA 90806 Business Address City, State Zip A namatinsoRexeIpavinctmet 562)599-5841 c Telephone Number Email Address State Contractor's License No. and Class STATE LIC#688659 A C12 C31 Original Da eIss oV- Expiration Date ti 7ue4d i The work site was inspected by 11,,im GLIVY1 of our office on ( (It.12 202_. The following are persons, firms, and corporations having a principal interest in this proposal: PALP. INC DBA EXCEL PAVING COMPANY Curtis P Armin 01 President and chid Executive Officer David A.Drukker Vice President and Chief Financial Officer Stefan!A.Marano Corporate Secretary Crissa A.Phillips Assistant SecratatV The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PALP. INC DBA EXCEL PAVING COMPANY Company Name ture of Bidder Curtis P. Brown III President Printed or Typed Signature C-9 NOTARY CERTIFICATE Subscribed and sworn to before me this day of JUN 2 1 2023 , 202_, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CA,...l',70712A ) County of Los Angeles ) On JUN 2 1 2023 before me , Month,Day, and Year Insert Name and Title of Notary Curtis P. Brown ill personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ti-7,z,—....„..:-.....-----.._--,-...-..1 :Qr:114:. R.COVINGTON f 0•./.:,rA,.., ,t COMM.g2339692 tt ,.. xv). .' ,: ,„.,._:1 Notary Public-California el :- ''' I LOS ANGELES COUNTY IL ,.`°'1;• .=','My Comm Expires Dat.s. ,4,1 ,,R.,..., Signature Signature of Not thc (PLACE NOTARY SEAL ABOVE) c-io • SEE ATTACHED BIDDER'S PROJECT HISTORY For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project.For example,"Construction of.drainage inlet structures:.and curb and;gutter for. City"}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address, and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-11 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 Name of proposed oject Manager EO Telephone No. of proposed Project Manager:... . . _SeE pITpCI% Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name &Contract Amount Type of Work Date Completed 2. Name of proposed Superintendent Telephone No. of proposed Superintendent:; Stiti P Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name Contract Amount Type of Work Date Completed C-12 KENNETH PATRICK CORRY—SENIOR PROJECT MANAGERp EXCEL PAVING COMPANY Qualifications National Diploma in Civil Engineering Cork Institute of Technology—Graduated 1981 Summary Profile Mr. Corry is a highly motivated,professional manager with over twenty five years experience in the construction industry, gained through a variety of supervisory and management positions in construction and heavy civil engineering environments in Ireland and US. Career History February 2009 to Present Excel Paving Company,Long Beach,California. Excel Paving Company is a general engineering contarctor in the southern Californian market.I am the estimator responsible all structure and underground work performed by the company. February 2008 to January 2009 Skanska USA Civil West,Riverside,California. Skanska Civil is a major civil engineering and public works contactor.As a Senior Estimator,with emphasis on structures and underground,I was responsible for all aspects of those disciplines for an estimate. June 2005 to January 2008 Macro-Z-Technology Company,Santa Ana,California MZT is a General Contractor primarily working in California, Washington and Arizona. As the Chief Estimator for the company,I am the person charged with sourcing projects,becoming the first point of contact with any particular agency and co-ordinating the proposal writing and subsequent negotiating and/or bidding of any project. Projects range in value from small previously designed additions/renovations of$200K to full design/build projects up to$15.0 Mil.Clients include Local, State and Federal agencies. MZT looks at projects over a broad range of disciplines. Storm Channel upgrades, water treatment plant upgrades and renovations,underground utility construction,earthwork and structure concrete are among the primary areas where MZT self performs the majority of the work on any particular project. Dec.2002 to May 2005 Excel Paving Company,Long Beach,California. Excel is a general engineering contractor in southern California with an annual turnover of $70.0m. As a Project Superintendent with Excel, complete management of any project is my primary function. Taking the project from award through to its successful completion within schedule and budget is the main focus. Key Projects Tustin Avenue Bridge Widening—Managed a$4.0m project involving the widening of an existing bridge over the freeway including adjacent ramp modifications,storm drains,street surfacing and relevant interconnecting signal work.The widening portion was constructe of steel girders supporting a concrete deck which in turn was covered with a special epoxy overlay to prolong the expected life of the new structure. Project performed for the City of Anaheim with oversight by Caltrans (California Department of Transportation). Broadway Sidewalk Rehabilitation—A$2.5m rehab of existing city sidewalks performed for the City of Los Angeles in the downtown area.The unique feature of this project was the fact that the sidewalk sat on top of existing building basements. This resulted in the actual removal and replacement of the basement ceilings(decks).Co-ordination with the building owners, retail tenants,general public and local residents presented other challenges through the course of the project. July 1998 to Nov.2002 Brutoco Engineering and Construction Inc.,Fontana,California. Brutoco is a major general engineering contractor in southern California with an annual turnover of$75.0m and currently employs 100 staff. My role as a Project Superintendant involved the management and control of all facets of major engineering public works projects,. with site works typically performed around existing facilities and requiring careful and detailed co-ordination to ensure successful completion within budget and achieving contract milestones. I was responsible for bid submission and negotiations, solutioning design and construction methods, materials scheduling and resource planning, . sub-contractor procurement, site mobilisation and site supervision, construction quality control and statuatory inspections, chairing progress meetings and client reporting, liaison with third parties and public regulators, contract completion and handover. Key Projects • Avenida Vista Hermosa/I-5 Interchange. - This project involved the construction of a new motorway interchange around an existing bridge overcrossing. A new reinforced concrete bridge was constructed alongside the existing,new concrete retaining walls were constructed and over 300,000 m3 of dirt was removed to create the space required for the new exit and entry ramps. Existing utilities were relocated as required and new systems installed as construction of the facilities progressed.Project cost was$13.0 million and took 15 months from ground breaking to completion.The project was completed 3 months ahead of the clients schedule. • Atlantic Blvd./Telegraph Rd. Interchange - Project involved the building and installation of a new steel girdered railroad bridge while concurrently widening the streets under and around the bridge crossing. Train and vehicular traffic were operational at all times except for special windows where a full shut down occurred to facilitate the work. A total of 15,000 m3 of concrete pavement was placed on grade for which an award was won for the innovative use of accelerating admixtures in the concrete.The project cost was$18.0 million and took 30 months to complete May 1992 to June 1998 Macro-Z-Technology Company,Santa Ana,California MZT was a start up company that commenced trading with five people in 1992, growing to a $15.0m a year general engineering contractor with 60 full-time employees in 1998. As General Superintendant, I performed all duties from estimating and bidding jobs through to site organisation and supervision and contract completion. Key Projects • 605 Freeway at Whittier Blvd.-A state funded project to widen a portion of the existing highway and installing sound walls along the widened section. All work performed around live traffic and involved a large part of the work to be performed at night.Project value was$9.0m and took just 6 months to complete.For this performance the company was awarded "Construction Company of the Year - 1997" by the Southern California chapter of the Latino Buisness Association. • Berth 302 Facilities at Port of Los Angeles-MZT was the concrete subcontractor to a major general contractor for the construction of the facility buildings required for the operations of a Irge port terminal. A wide variety of work was required to be performed to complete the work.Reinforced concrete structures,tilt up concrete wall,block wall buildings to 5 floors,concrete paving,colored and stamped concrete flatwork were among the work performed.Subcontract value was$4.2m and the work was performed over 10 months. May 1990 to May 1992 Peck Jones Construction Company,Los Angeles,California Project Superintendant&Key Projects: • Howard Hughes Center - Computer facilities Building -A six floor concrete clad structural steel building with an adjacent 4 leveI reinforced concrete parking structure was required to house a computer facility for the expansion of a buisness park.Project value was$32m and took 18 months to complete. • Countrywide Bank Headquater Facilities-A new complex of 8 buildings were built to form the corporate headquater complex for a rmajor home loan lending bank. Buildings were structural steel cladded with a concrete wall system of precast units. A child care facility was constructed in wood and a centrally located parking structure was built in reinforced concrete.Project cost was$150m and took 24 months to complete. October 1985 to April 1990 Growwa Company,Agoura Hills,California Project Superintendant&Key Projects: • Constructed 1.4m sq ft of reinforced concrete deck to provide underground parking for the future residents of a new 750 unit apartment complex.Project took 12 months and the subcontract value was$4.5m • Performed the concrete subcontract work for the construction of a 900 unit condominium complex.Careful planning and the use of specially made form systems enabled us to build the foundations and subfioor walls of 30 units per week using 4 - 5 man crews with a seperate 10 man concrete placing and finishing crew. 1500 m3 of concrete per week for approximately 25 weeks enabled us to complete our portion of the work 1.5 months ahead of schedule. April 1984 to August 1985 Atlantic Projects Company,(subsidiary of G.E.Europe),Wicklow,Ireland Project Engineer for construction and installation of large mechanical equipment for power plants,breweries,refineries and manufacturing plants.Coordination of incoming equipment to crews for onsite fabrication and installation. June 1981 to April 1984 Ascon Ltd.,Kildare,Ireland Heavy civil engineering contractor. Contracts included power generating stations, water treatment plants, steel rolling mills and bridges.Layout and line for all facets of required work for its successful completion. Key Projects • Irish Steel Holdings - New Steel mannfacturing facility - Role as a field engineer with responsibility for various sections of the construction of a new manufacturing plant at a steel making facility.The plant remained open during the construction work so co-ordination of even the smallest detail had to of a high level.Project cost was IR 85.0m and took 18 months to complete. • Coal Unloading Jetty-Moneypoint Power generating facility -A 300m long jetty was required to unload the coal needed to fire a new power generating plant. A reinforced concrete deck sits over precast concrete units set on 1.0m diameter steel piles some of which were 180 ft long.The project value was IR 25.0m and took 24 months from first pile to last concrete poured. TONY FRATANGELO 582 843 0722 tfratangelo@u.excelDavino.net PROFILE Experience and driven Underground Superintendent with over 15 years of experience in the construction management industry. Proven track record of successfully managing very small monetary to multi-million dollar public works and private underground projects from conception to fruition. Always welcome the opportunity to collaborate, brainstorm, and find solutions for challenging projects. EXPERIENCE Underground Superintendent at Excel Paving Company, Long Beach May 2015—Present Review and collaborate with estimators prior to submitting bids Prepare, execute, and follow thru with projects from award of bid to project completion Create schedules and update as required Coordinate and collaborate with agencies, engineers,and subcontractors to assure project is completed in a timely manner and on budget Problem solve challenges, disputes, and plan discrepancies to find solutions not excuses Manage up to 5 separate 3-5 man crews at any given time Teach and remind foreman the importance of safety; preparing JHA's; site specific safety mtgs Experienced In pipeline;water, storm drain, and sewer, underground cast in place structures, retaining walls, beam and lagging, civil flatwork, precast retention basins/systems, drywells, railyard and airport concrete runways, bus shelters, demolition, and grading Calculate and order accurate underground materials Knowledgeable in selection of heavy equipment and shoring Project Manager at Excel Paving Company, Long Beach July 2008—May 2015 Generate Schedules, Submittals, Subcontracts, Purchase Orders, RFI's, Billings, and Letters Hands on project manager supervising up to 3 separate 3-5 man crews Facilitated information in writing between Foreman/Superintendent and Agencies to resolve unforeseen matters, plan discrepancies, and or disputes Performed budget analysis to forecast profit and/or loss; if loss find ways to mitigate loss Recognize and notify agencies when there is a changed condition and potential for delay and additional compensation; experienced with T&M and/or lump sum payment methods Prepare and update two-week look ahead and overall baseline schedules Project Engineer at Excel Paving Company, Long Beach November 2006—July 2008 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 $400. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 https://www.dir.ca.movispublic-works/PublicWorksSB854.html DIR's Contractor Registration Link—Call(844) 522-6734 htt s://www.dir.ca..gov/public-works/contractor-retistration.html DIR's Contractor Registration searchable database: httlas://cadir.secure.force.com/ContractorSearch I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of - the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. PALP IPJC DBA EXCEL PAVING COMPANY ... Contractor By Curtis P: Brown III President • • tl trt $xcapa!iin ne Email • • Curtis P. Brown III President JUN 2 12073 Title Date PWC Registration#: DIR#1000003331 • C-13 ^ wgg�w' gg g4 s `.1i''€"•1*18'`•n�1r.giga1"8tz i.1 €3Sill 2y3 Ri't"4. 'ti. €n1.:,..-1.,.. 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JEANA ,a►coRO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) �� 10/17/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT —�-- The Wooditch Company Insurance Services,Inc. PHONE Ext):(949)553-9800 I(i c,No):(949)553-0670 4695 MacArthur Court,Suite 600 FdD ss: Newport Beach,CA 92660 INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:BITCO General Insurance Corporation 20095 INSURED INSURER B:Great American Ins.Co. 16691 Palp,Inc.DBA Excel Paving Company;GAP Equipment,LLC INSURER C: 2230 Lemon Avenue INSURER D: Long Beach,CA 90806 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 2 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 ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYYI lMM/DDPNYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 JCLAIMS-MADE X OCCUR CLP3730382 6/1/2023 6/1/2024 DAMAGETORENTEO 300,000 X X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL S ADV INJURY $ 1,000,000 GEN'L AGGREGATE L�IMpIT,APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY X JECT I I LOC PRODUCTS-COMP/OP AGO S 2,000,000 OTHER: EMPLOYEE BENEFI $ 1,000,000 COMBINED A AUTOMOBILE LIABILITY Ea accidentSINGLE LIMIT $ 1,000,000 X ANY AUTO X X CAP3730383 6/1/2023 6/1/2024 BODILY INJURY(Per person) S OWNED SCHEDULED AUTOSIOE ONLY AUTOS yyyy EEpp BBODILY INJURY(Per acddent) $ _ X AURTOS ONLY X AUTOS ONB fills cE cent)AMAGE $ S B UMBRELLA UM X OCCUR EACH OCCURRENCE $ 3,000,000 X EXCESS LIAB CLAIMS•MADE TUE 3414395 03 6/1/2023 • 6/1/2024 AGGREGATE $ 3,000,000 DED RETENTION$ $ A WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY • WC3730384 6/1/2023 6/1/2024 1,000,000 Y/N X EL.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE N I A OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below EA.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE:Excel Job#5946;City Job#CC-1733;Flow Line Half Round Drainage Structures at Various Intersections of Palm,Acacia,Pecan,Orange,Olive,and Walnut Avenues. glaipwv(schedi/auaiwv/wcwv City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are included as Additional Insureds as respects General Liability and Auto Liability per attached endorsements. This insurance shall apply as Primary and Non-Contributory per attached endorsement. APPROVED AS TO FORM Waiver of Subrogation for Workers'Compensation:See Attached Endorsement. a(I(____ @Y---- MICHAEL E GAS CERTIFICATE HOLDER CANCELLATION CITY ATTORNEY CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE etir-------- ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER 1D:PALP,INC. JEANA LOC#: 1 ACOREY ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Paip,Inc.DBA Excel Paving Company;GAP Equipment,LLC _ 2230 Lemon Avenue POLICY NUMBER Long Beach,CA 90806 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation: *Except 10 days notice of Cancellation for non-payment of premium. *Should this policy be cancelled before the expiration date,The Wooditch Company will mail 30(thirty)days written notice to those Certificate Holders which require such action per contract or agreement.* • ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BITCO General Insurance Gorporation POLICY NUMBER: CLP3730382 BITCO National Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its officers, appointed or elected officials, employees, agents, and volunteers RE: Excel Job #5946; City Job #CC-1733; Flow Line Half Round Drainage Structures at Various Intersections of Palm, Acacia, Pecan, Orange, Olive, and Walnut Avenues. (If no entry appears above, information required to complete this endorsement will be shown in the Dedarations as applicable to this endorsement.) A Section II—Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B Wth respect to the insurance afforded to thPce additional insureds,the following exclusion is added: 2. Exclusions This insurance does not apply to"bodily injury'or"property damage"occurring after: (1) All work, induding materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed;or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended rise by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project, GL-4759(10/15) Includes Copyrighted Material of Insurance Services Office Wth Its Permission BITCOGenerai InsuranceCorporation POLICY NUMBER: CLP3730382 BITCO National Insurance Company THIS ENDORSEMENT CHANGES THE POL ICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OIMVERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: CCMMERGAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its officers, appointed or elected officials, employees, agents, and volunteers Location And Description of Completed Operations: RE: Excel Job #5946; City Job #CC-1733; Flow Line Half Round Drainage Structures at Various Intersections of Palm, Acacia, Pecan, Orange, Olive, and Walnut Avenues . Additional Premiums (If no entry appears above, information required to complete this endorsement will be show in the Declara- tions as applicable to this endorsement.) Section II—VVho Is An Insured is amended to include as an insured the person or organization show in the Schedule, but only Wth respect to liability arising out of'your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-corrpleted opera- tions hazard". GL-4760(10/15) Includes Copyrighted Material of Insurance Services Office Wth Its Pemission POLICY NUMBER: CLP3730382 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused,in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury" or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s)which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-4667 (01/11) Includes Copyrighted Material of Insurance Services Office With Its Permission POLICY NUMBER: CAP3730383 COIVIVERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS UABIUTY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Wth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s) who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Namedinsured: PALP INC. DBA EXCEL PAVING COMPANY Endorsement Effective Date: 0 6/01/2 02 3 SCHEDULE Name Of Person(s)Or Organization(s): Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all the provisions and limitations of this policy. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Each person or organization show,in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Wno Is An Insured provision contained in Paragraph Al. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2.of Section 1 - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 481013 ©Insurance Services Office,Inc.,2011 Page 1 of 1 POLICY NUMBER: CAP 3 7 3 0 3 8 3 COMVERCIAL AUTO CA04441013 THIS ENDORSEENF CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF Rid -IFS OF RECOVERY AGAINST OTHERS TO US(WAIVER OF SUBROGAI1ON) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unlnsc modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Namedlnsured: PALP INC. DBA EXCEL PAVING COMPANY Endorsement Effective Date: 0 6/01/202 3 SCHEDULE Name(s)Of Person(s)Or Organization(s): WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT. Information required to complete this Schedule,if not shown above,will be shown in the Dedarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the"accident" or the "loss" under a contract with that person or organization. CA04441013 0 Insurance Services Office, Inc.,2011 Page 1 of 1 POLICY NUMBER: CLP3730382 • THS EADORSBVENTCHANC�FSTI-E POLICY. PLEASE READ ITCAFEFW Y ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II — Who Is An Insured is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for"bodily injury"or"property damage" caused, in whole or in part, by "your work" at the prc ect designated in the contract, performed for that additional insured and included in the"products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event,this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to ail other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-4665(01/11) Includes Copyrighted Material of Insurance Services Office With Its Permission POLICY NUMBER: CLP3730382 is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member,you are an insured, but only with respect to liability arising out of"your work"on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for"your work"in connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—ONGOING OPERATIONS SECTION II —WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy,but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part,by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured,this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit"or transfer those rights to us and help us enforce them. GL-3086(10/19) -2- POLICY NUMBER: CLP3730382 b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of"your work"for that person or organization. D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.2.b.of the COMMON POLICY CONDITIONS, is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a.above, it is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9.a.above. E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy,we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b.of SECTION V-DEFINITIONS,is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL COVERAGE Exclusion 2.e.of SECTION I,COVERAGE B is deleted. H. NONEMPLOYMENT DISCRIMINATION Unless"personal and advertising injury"is excluded from this policy: Item 14.of SECTION V-DEFINITIONS,is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss,which is caused by"discrimination." SECTION V-DEFINITIONS,is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age,gender or religion. GL-3086(10/19) -3- BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY EXECUTED WRITTEN CONTRACT. The premium charge for this endorsement is $ Named Insured PALP INC. DBA EXCEL PAVING COMPANY Policy Number WC3730384 Endorsement No. 000 Policy Period 06/01/23 to 06/01/24 Endorsement Effective Date: 06/01/23 Producer's Name: THE WOODITCH COMPANY, INSURANCE SERVICES Producer Number: 0006973 AUTHORIZED REPRESENTATIVE DATE WC 99 03 15(09/21) • PAYMENT BOND 4 (LABOR AND MATERIALS) Bond No. K40564196 KNOWALL PERSONS BYTHESE PRESENTS: • WHEREAS,.City of Huntington Beach(hereafter referred'to as'City").has a:Warded"to , .. PALP.Inc..dbe Excel Paving Company . . . .. . 2230 Lemon Avenue..Lono Beach,CA 90806 (name and:address of.Contractor) (hereinafter referred to'as"Principal"),a contract("Contract")for the work described:as..follows: Flow Line Half Round Drainage Structures at Various Intersections of Palm,Acacia,Pecan, • Orange,Olive,and Walnut Avenues . . .. .. (Project Title) • WHEREAS;.Principal•is required:under the terms:of the:•Contract and:the California Civil Code to.'furnish•a bond to secure•the payment of ciaims.oflabore.rs,.mechanics,materialmen',and'other persons as provided by law, by a duly admitted surety insurer under the'laws of the State of California(hereinafter referred to as "Surety");.and Surety it certified and listed:in the US..Department of the•Treasury Circular 57.70,and has provided proof of sufficient bonding limitation, as shown in said circular to.provide bonds in.the amount.required.by said Contract and Surety'has provided financial strength ratings from reputable companies,such as from A.M.Best;Moody's•or Standard A.P1ot''s;to validate that Surety has positive ratings offbeing•secure or Stable:aril Surety is registered and listed with the California Department of Insurance. NOW THEREFORE,we,the undersigned.Principal,and Federal Insurance Company ,202B Halls Mill Road,Whitehouse Station,NJ 08889 (name and address of•Sutety). as surety,are held and firmly bound unto City in'the penal sum•of Four hundred eighteen thousand two hundred fifty and 00/100 dollars($ 418,250.00 ),this amd.urit being•not lets Than one hundred percent MO*Of the:total price sat forth:in the Contract;in iawtui.trtoney.ofthe United.States of Arrierica,for the payment which sum,.well.and truly to be made we bind ouiselveS,and each of•our heirs executors,administrators;successors,and assigns,jointly and severally,firmly by these presents: THE CONDITION.OF THIS OBLIGATION:iS SUCH:THAT,if the principal;.hiss her,or its heirs,executors, adntinistrators,.succe'ssors or assigns,.or subcontractors•shall fair to:pay.any of the persons named in•Section 3181 of the California Civil Code•.("Clainienta)for all:labor,Materials of services used or reasonably required for:use iri performance.of the-work described in the Contract,or any amounts due underthe Unemployment Insurance Code with.respect to worker labor performed by spy such Claimant,or prevailing Wages due and penalties incurred pursuant:to Sections:T774, 1775,1813 or 1:815:of the Labor Code,or any'amounts. required to be deducted'.,withhe'ld.and paid over to the Employment Development Department.from the wages of employees of the Principal and Subcontractors pursuant to Section 13026 ofthe:Unemployment Insurance Code With respect to'the Work or'lab0r•perf6rmed:under the Contract,Surety will pay for the same, in an:arrmoirnt•riot erceeding:the.penal.surn.s.pecified in'this bondi•Qtherwis ,this'obligation shall be mull and void. • This.bond shall.Inure to the benefit of any of the persons named in Section 31$'1 of•the:California Civil Code so as to give a tight of.action to such persons or'thelr assigns.. In ease.any action is.brought upon this bond, Surety IOW agrees'to:pay all'court casts and a:reasonable attorneys:fee in an amount fixed by the court. • PAYMENT BOND Page 1 oft: 15.11584/1.17357 • Bond No.K40564196 Surety stipulates and agrees;.forvalue received,thatTachange,.extenSien of-tirne.,afferatien, additfon.or modification to.the terms of the Contract;or any contract documeritor any wodc..te be. performed thereunder,whether made after notice or not,shall in any way affect,.impair or release the.obligations of Surety under this bond. Surety hereby:waives notice of any such change, extension of time alteration addition,or modification to the terms of the Contract,the contract dcicUrriente or the.work theiretinder;. Surety also viijêtrie.provisions of Califemia CM t Code 2845 arid 2E49. IN WITNESS.WHEPEOF,each party represents and:warrants thatthis instrumenthas been duly executed by Principal and Surety,on the date.set forth below:,that the name of each'corporate party, being affixed hereto is such party's proper legal naive and that the individ.uals..signing this.instrument have been duly atithOrized pursuant te.the aUthOrity•of itS gOVerning'body.. Sleety,,by egbcutibrk.Of this bend,waives any defensewhictr Surety has dr may-have kis(reason of any failtire f th Principalto execute or properly.egepute this bond: Dated:September 27,2023 ATTEST Federal Insurance Company (Corporate Seal) A (Princfpal Name) By: ,t4d12---. Na e Curtis P.Brown Ill Title.' President ATTEST Federal Insurance Company . . . . . . . . . (Corporate Seal) (Surety Name). Q . /2w By.. Nam Doug- A.,Rapp .(Signature of Attorney-in-Fact for Surety) (Attach•Attbrney4ri•fact Certffigate) MO 903-3485 (Are.a Code&Telephone Number for Surety) APP.ROVED•ASIDM:. . . . • ••^' Mit:heel E.Gates•; ty-AtterneY Ift^'Lr •l'zi,ifeee- 1.1.0et • • • • Note this bbhd Must In duplicate end dated,all signatures•musilje potedzedl and'evidence.of the euthprity of any persorrsignIng as ettothey-in-faCt mustlieaffeched PAYMENT:BOND 'Page2 of2; 1.5•45.8411:173.5.1. • ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On September 27, 2023 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(e)whose name(e)is/ere subscribed to the within instrument and acknowledged to me that he/uhe sy executed the same in hisfhe,,4her authorized capacity(iee), and that by hisfhefthelr signature(e)on the instrument the person(.), or the entity upon behalf of which the person(e)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-12WITNESS my hand and official seal. N y��OFrhFCOMM. D #2 N o.��►„ti"m COMMMM.. ANSON 2335630 33 NOTARY PUBLIC•CAUFORNIA N l ORANGE COUNTY C Signature s nDe\. (Seal) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California • County of Los Angeles Myisha Monique Riven, Notary Public On S`e )+ ?7 ZOZ3before me, ,Notary Public, •( (Here insert name and title of the officer) personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/aA subscribed to the within instrument and acknowledged to me that he/sifetligy executed the same in his/l /tl r authorized capacity(ies), and that by his/$r/tI r 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. ^�. MYISHA MONIQUE RIVEN WITNESS my hand and official seal. COMM. lic-Ca 053 n q !- 1<I�- Notary Public-California ; J��� a E • j LOS ANGELES COUNTY a ail+OA T‘\ Wi (Notary Seal) a My jiComm. P3o2025 Signature of otary Public • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer).Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required.• State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(s) ire/she/the-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudged,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk ❑ Attorney-in-Fact • Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other • Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • • Securely attach this document to the signed document C 2004-2015 Prol.lnk Signing Service,Inc.—All Rights Reserved www.TheProLinIccom—Nationwide Notary Service CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know AU by These Presents,that FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY;a New York corporation,PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Douglas A.Rapp and Timothy D.Rapp of Ladera Ranch,California-- -----------each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 5th day of April,2021. p Dawn M.Chlores.Assistant Secretary Stephen Al.Haney.Vice President rr+'er L lot ' (A) t 'f0a STATE OF NEW JERSEY County of Hunterdon SS On this 5m day of April,2021 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President;respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney,being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. q Notarial Seal KATHERINE J.ADELAAR 'TRY �1 NOTARY PUBLIC OF NEW JERSEY PII®u1 C No.2a166J6 NotaryPublic Commission Expires July 16,2024 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: 'RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into In the ordinary course of business(each a"Written Commitment"): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf ofthe Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-In-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise, to the extent that such action Is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-in- fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Companyor otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification maybe by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate In writing to any other officer of the Company the authorityto execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified insuch written delegation,which specification maybe by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,maybe affbced by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested.' I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the'Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this September 27,2023 (*it* 0.,f6e4 Dawn M.Chloros.Assistant Secretor? IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@chubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19) 6Clq • PERFORMANCE BOND Bond No. K40564196 KNOW ALL PERSONS SY:THESE F'RESENTS:. • WHEREAS' City of*Huritisigton Beabh(hereafter referred to.as:".Ci(y.”)haS„by.Written agrearnent dated AAugust ) 202 entered.into A Contract with.PALP Inc.dba Excel Paving Company . .2230 Lemon Avenue.Long Beach,CA 90806... . . . . (name:and address of Conti:eau) • (hereinafierrefetred to as"Principal):,for-Perforinance Of the woric.deaCribed es folloWS: Flow Line Half Round Drainage Structures at Various Intersections of Palm,Acacia,Pecan, . . . . . Orange,.Olive,and..VVelnut Avenues . . . . . . . -• . . . . (PrOject-Title)* • WHEREAS, said contract, arid all documents referenced therein (hereinafter collectively "Contr;stil, are incorporated herein by this reference made a part hereof as thOugh-set fOrth herein intik and Said Priitipal.iS.required Under thaterma Of the Contract to fOrnish a:bond guaranteeing the prompt,full and faithful performance of said Contract by a duly admitted surety insurer under the laws of the State of California(hereinafter referred to as"Suretyl and Surety is certified and listed in the U.S. Department of the Treasury Circular 67d,and has provided proof of SuffiCient bonding limitations.as shown in said circular to provide bona- in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such.as from A.M.Best,Moody' ,or Standard'&Poor's,to validate.that Surety has positive ratings-of being secure or Stable;and Surety is registered and listeciwith-the California Departinent of Insurande, NOW„.THEREFORE,we;.the undersigned,as Principal.,and: Federal Insurance Company 202B Halls Mill Road,Whitehouse Station,NJ 08889 .(harrie and address Of Surety) as Surety,are.heidand firmly bound unto City in the penal.sum of Four hundred eighteen thousand two hundred fifty and 00/100 [Viers 418.250.00 )„this amount being Mt less than one hundred percent ofthe:priCe set forth In the.Contract,in lawful money Of the United States;for-the payment of which.sum,.welli and trulylo:be Made, we bind ourselves,Otir hat,exeCtitors,adMinistratOrt and stictessors,,.1Ointly and Severally;firmly by.these presents. THE CONDITION OPTHIS:OBLIGATION IS SUCH.THAT if the Principal shall promptly,fully and:faithfully perform each and all of the covenants;,obligations and things to be done and performed:by the Principal in strict accordance with the terms CA the Contract as said contract-may be altered,.amended or.rnodfiled from time to time;and if the Principe)shall indemnify and save-harmless City and all of Ofa officers)agents and employees(hereinafter tolleCtiVely referred to as 'Obligees')fromapyand all losses;liability and dernages:, claims,judgments,stop:notices;fees and.costs of every-description;wh.ether inipbsed by.law.or'in eqUity, which maybe:incurred by the Obligees by reason:of the failure.or default on the part of the Principal in.the performance of*any or all of the terms or the obligati's:ins:alba Contract;including:all alterations,amendments and.modikations thereto;and any warranties or guarantees-required thereunder,then this obligation shall be wild;otherwise,it Shell be and shall remain if AA forte andeffett Surety stipulates and agrees,.for value,received,that.no adjUStnierit Of the tine Or pride in the CorittaCtor any alteration,.change;deletion,addition or othermodifiCatiOn to the Contract,.or work to be performed thereunder,shallin any vray affect,limit,restriet litipair or release the obligations Of the Surety underthis. Bond, Surety waives.fletice of arty adjettntent.oftontraCt or contract price,and arty,other alteration',chenge. deletion;-addition of other MoidifiCatiOn.to.the Contract,Or-the-VW:irk'CO be performed thereunder,and agrees. 1$-4534/117174 • B:and NO-K40564196 to autbrriatically adjust the penal turn of this Bohd to'relied such ugiments;alterations,.changes., deletion ,additions ek other Modidadone. Surety agrees t orOvide Written Ootifirrnatibmof such adjustments in the penal sum to City on nor less.than a quarterly basis,: Surety also waives the provisions of Civil Code§§284.5.and. The obligations of this gond:shall survive the completion of the'work described in the Contract as to elf Obligatibrit and liabilities oftlie,Principal which.surVIVe dompletfon:of the work, iN.WITNESS.WHEREOF,each party.repregents and.W.afrants that'thig•iristruMent hat been dtilV executed'by Principat and:Surety,.on the:datesetforth.beloo..t.,-that the.nettle OfeaPh•cerOcirete-party being affiked hereto is such party!S proper legat name and thatthe individuals,tigriing•this.instrument have been.duty authorized pursuant'to the'authority of its governing:body: Surety;.by execution.of this bond,Waives any defente•Which Sttrety has or may have by reason Of arty failure of.the Principal to execute or properly .cut this bengi, Dated:September 27,?023 • ATTEST PALP Inc.dba Excel Paving Company • . . (ObtporatO Seal): 4 (Principal.Name) • SY.! „ Na 7..Curtis P.Brown III . . . . . • Title: President • ATTEST Federal Insurance Company , . . . . . . . (Corporate•Seal). (Surety Narne) B Name: Dou s A.Rapp (Signature of Attorne!Mrk,-Fol.for Surety). (Aftaeh.Attorriey-in-Fact Cattificatej .{908).903-3485 . . . (Area Code&Telephone Number for Surety) APPROVED AB ' ..-•,-P1.•"' „..../ „.„ - / MichaetE.Gates.City Attorney NOW this'bond must bs'warred in duplicate and dated,all signatures must be notarized;and evidence of the authority 4:dam/person signingi ea,rittomey*friot thud be affected, P8AP0141V[ANt%BOND • Page 2.of 1S-4584/1111.74 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On September 27, 2023 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(*)whose name(s) iskre subscribed to the within instrument and acknowledged to me that he/ri a ey executed the same in his,'I _J4l+eir authorized capacity(as), and that by his,hen4heir signature(e)on the instrument the person('.), or the entity upon behalf of which the person(*)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State.of California that the foregoing paragraph is true and correct. SE*`oF'hF WITNESS my hand and official seal. N "'" °; CODEBRASWANSONMM.#2335630 N NOTARY PUBLIC•CALIFORNIA N =• ORANGE COUNTY N oq�� NfY COMM,EXP.NOY 1Q 2024 � Signature (Seal) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles On Se�)f Z� LOZ3 before me, Myisha Monique Riven, Notary Public ,Notary Public, (Here insert name and title of the officer) personally appeared Curtis P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/44 subscribed to the within instrument and acknowledged to me that he/skttecy executed the same in his*r/thiir authorized capacity(ies), and that by his/l jdtI r 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. MYISHA MONIQUE RIVEN WITNESS my hand and official seal. comm.#2377053 a (� to Notary PMblicCalifornia ‘ �Y�� ``,��(^`� a �c + 1 LOS ANGELES COUNTY LL ' 1 ` ��Q VO,�� (Notary Seal) My Comm.Expires Sep 30,2025 Signature of No Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer).Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/the-is/ere)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact + Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document C 2004-2015 ProUok Signing Service,Inc.—All Rights Reserved www.TheProLink.com—Nationwide Notary Service CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents,that FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,PACIFIC INDEMNITY COMPANY,aWisconsin corporation,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Douglas A.Rapp and Timothy D.Rapp of Ladera Ranch,California-- — —each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY � � have each executed and attested thesepresents and affixed their corporate nseeals on this 5m day of April,2021. p Dawn M.Chioros.Assistant Secretary Stephen M.Haney.Vice President � � � �3 � .ram} ��� �;�� �l' �•�� �•� STATE OF NEW JERSEY County of Hunterdon SS On this 5th day of April,2021 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney,being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal A1 \ KATIIERINE J.ADELAAR 'UM.7 t NOTARY PUBLIC OF NEW JERSEY �.� No.23113885 pUBLI� Coermnlasion Expires July 16,2024 Noiary Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizences,contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Commitment'): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf ofthe Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-In-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-in- fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal oftheCompanyorotherwlse,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written • Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,maybe affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers,employees end other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested.° I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this September 27,2023 >� p. ` Dawn M.Chloros.Assistant Secreiar IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 email:surety1chubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19) v I4FPG�Nig �-.. City of ._ _:un'tington Beach ,1-t- • Qa 2000 Main Street ♦ Huntington Beach, CA 92648 - s (714) 536-5227 ♦ www.huntingtonbeachca.gov 1,4 ��cF• - (7* 0 ff� Office of the City Clerk Co...... CP,�� Robin Estanislau,City Clerk November 2, 2023 Palp, Inc. dba Excel Paving Attn: Ken Corry . 2230 Lemon Ave Long Beach, CA 90806 Re: Flow Line Half Round Drainage Structures at Various Intersections of Palm, Acacia, Pecan, Orange, Olive and Walnut Avenues—CC No. 1733 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. Si rely, 604,, 9A/1-etngt,htsd Robin Estanislau, CMC City Clerk • RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister City: Anjo, Japan e ^ Bond No. Bid Bond• BID BOND The American Institute of Architects, AIA Document No.A310(February, 1970 Edition) • KNOW ALL MEN BY THESE PRESENTS,that we PALP Inc.dba Excel Paving Company as Principal hereinafter called the Principal,and Federal Insurance Company a corporation duly oiganiad under the laws of the state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach • as Obligee,hereinafter called the Obligee,in the sum of Ten percent of the total amount of the bid Dollars (S 1 o% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. ..�1 WHEREAS,the Principal has submitted a bid for FY 22-23 Flow Line Half Round Drainage Inlet Structures • NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be mill and void,otherwise to remain in full force and effect. Signed and sealed this 19th day of May , 2023 I ; PALP Inc.dba Excel Paving Company (Seal) Crissa A. Phillips,Asst. Secretary By. ,� sa • rtis P.Brown III,President Name/Title Federal Insurance Company Surety (Seal) Witness By: 12 Douglas Rapp Attomey-in-Fact ORSC 21328(5/97) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On May 19, 2023 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the persona)whose name(e)is/e'e subscribed to the within instrument and acknowledged to me that he/uhe.41rmy executed the same in hisAiertitiseir authorized capacity(ree), and that by histiser lseir signature(e)on the instrument the person(e), or the entity upon behalf of which the person(e)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myhand and official seal. � 5�`°FINE. DEBRA#2335 N N fi t► ; COMM.#2335630 73 �aa ;ss> :T ° -®�._;�.° NOTARY PUBLIC•CALIFORNIA N w ORANGE COUNTY 1,4 MY COMM,EXP.NOV 10,2024 Signature �� (Seal) • • CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know AB by These Presents,that FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Douglas A.Rapp and Timothy D.Rapp of Ladera Ranch,California--each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN�INSURRAANNCE COMPANY have each executed and attested these presents and affixed their corporate( p seals on this V.day of April,2021. { 0 Dawn M.Chloros.AssistantSecretary • Stephen M.Haney,Vice President r 7 \ STATE OF NEW JERSEY County of Hunterdon SS On this 5m day of April,2021 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney,being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed bylike authority. Notarial Seal ` TARt:� KATHERINEJ.ADELAAR NOTARY PUBLIC OF NEW JERSEY I 'I No.2318885 • pAILld Commission Expires July 16.2024 Naiary Pubic CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered Into in the ordinary course of business(each a"Written Commitment'): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise - (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise, to the extent that such action Is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-in- fect of the Company with full power and authority to execute,for and on behalf of the Company,under the seal ofthe Companyorotherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification maybe by general type or class of Written Commitments or by specification of one or more particular Written Commitments, (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authorityto execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I,Dawn M.Cbloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney Is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this May 19,2023 4.... eiklauY a Dawn M.Chloros.Assistant Secretor? IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER.PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903.3656 a-mail:surety@chubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19) • CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles } On JUN 14 2023 before me, R. Covington Notary Public (Here insert name end We of the officer) personally appeared Curtis P. Brown III and Crissa A. Phillips who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) iNgare subscribed to the within instrument and acknowledged to me that h>e(ske/they executed the same in ht ber/their authorized capacity(ies), and that by his/het/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. :j;.:,.:.'•., R.COVINGTON COMM.##2339692 r Notary Public-Cofiiornia ES COUNTY u. ;/' My Comm.Expires Dec t?,2024 is Notary Public Signature (Notary Public Seal) r. ADDITIONALINSTRUCTIONS FOR COMPLETING THIS FORM OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document • signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name.as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual (s) he/she/they is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different ackmowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact 4. Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. a. Indicate title or type of attached document,number of pages and date. Other ❑ ` Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. =,� ORIGIN IRLGBA (5621599-5641 SHIP DATE:14JUN23 CATHY CHUPCO 1 C P IL 5 ACTWGT:0.5E LB i EXCEL PAVING COMPANY CAD:25088861011NET4610 s :. 223E LEMON AVE '" , I LONG BEACH CA 90606 BILL SENDER 1. g: - UNITED STATES US i To RAFAEL SUAREZ y CITY OF HUNTINGTON BEACH 4�.. .- 200E MAIN ST g rek HUNTINGTON BEACH CA 92648 t (j14)536-5431 REF:BID BOND 1T33 t PC, 1 PC Dept: 1 tOAN III IIIIII111111111111111111111111IIIIIIIIII 11111 41N-.o ems I � +�'+ "t 3 i.r*£" Yi 6pmss 3^'t`_S ="'�w..gam £ - i # ? 4 ,y lgcf , i R'c�• I illifillifilll 1 1 11 i THU-15 JUN 10:30A 0. TRK# 7724 4619 7728 PRIORITY OVERNIGHT 102011 ASR 9 WZ APVA CA.US SNA2646 is g� 1 ( 1 I • - - -- ,rcz 2'i"�--� -- -'•'�.•�.�- `:;fix. .�'��n<+`�-.v:��,e,„ xr r.'. F.�:-s�i - ::w,xN ate- :'v, v��3,j 1 I =_ _ _ PAI�P I - , fv B - - CD AE EXCEL E - - CP -AV - N G° - `iMGN AVEAV - E - - - t _ t - _ _ • LONG �; BEACH, ":. CH cl;'. 6 - i}ay V - • w- - at, v -t - _ w��FT , :< I. _ - __= K� .v�-ry v. _ %h=y'.�.=`i-.,..<.v_,�,.<<�.,, }-'-.vim- ` :c i 44t - ... ...., V.. .... .. . ... : . : ... is ,i _ - __ _ •"� _ , - ��4 .. .. ... .. .. el .... .. . .. .. .:. mow:`-•= y , } . i ti'•v = ; - l - - _S v;. OFFICIAL BID SECURITY-DO NOT OPEN '""""`" " - Project Name:Flow Line Half Round Drainage Inlet Structures At Various Intersections Of " ` ' Palm,Acacia,Pecan,Orange,Olive,And Walnut Avenues �-�=—*-`-'' ' , = CC#:1733 =- -'a -_ - =-_= , Bid Opening Date:June 21,2023 at 2:00 p.m. = i2r " ,: - ,, ,.. .... ... ..... . .. .. - - - wry _ _ ���.��r� ` Yam..:-:' -- - - 3.:� _ s ;i .-:....:�:,:�:is i�i : ;" _ _= >:>`_" Wiz..:c=�a =`�3 rr=� _�.._ ;:'ram .:;_: ems.-'.�"'.``-`�"'`..x^�".- �--�`s-� G RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: ///2/73 SUBJECT: Bond Acceptance I have received the bonds for 1F'i/p/ db i Eked PGiL4rr (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. /<L/ 5/P z I c/fr Payment Bond(Labor and Materials) Bond No. ki/Q51 1I q Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. • Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved 7/1 /z3 � (Council Approval Date) CC No. /7�. Agep€W m No. o23— 1/y MSC No. City Clerk Vault No. 1100. SD Other No. SIRE System ID No. (1110/627' g/forms/bond transmittal to treasurer sq'TIGToti 2000 Main Street, Huntington Beach,CA 92648 ) City of Huntington Beach APPROVED 7-0 °OUNri to. ' File#: 23-644 MEETING DATE: 8/1/2023 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: Rafael Suarez, Capital Projects Administrator Subject: Accept the lowest responsive and responsible bid and authorize the execution of a construction contract with Excel Paving Inc. for$418,250 for the Flow Line Half Round Drainage Inlet Structures Project, CC1733 Statement of Issue: On June 21, 2023, bids were publicly opened for the Flow Line Half Round Drainage Inlet Structures Project, CC1733. City Council action is requested to award the construction contract to Excel Paving Inc., the lowest responsive and responsible bidder. Financial Impact: The total cost of the project, including 10% contingency, is $480,988. A total of$300,000 is available in the Drainage Fund account 21188007.82500. Staff is requesting an additional appropriation from the Drainage Fund (211) to fund the remaining $180,988. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Excel Paving Inc. in the amount of $418,250; B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City attorney; and C) Approve the appropriation of$180,988 from the Drainage Fund (211) to account 21188007.82500. Alternative Action(s): Reject all bids, and provide alternate direction to staff. Analysis: The Flow Line Half Round Drainage Inlet Structures Project are curved inlets that facilitate a continuous flow of water runoff by efficiently capturing trash and minimizing the amount of debris that City of Huntington Beach Page 1 of 2 Printed on 7/26/2023 powered by LegistarTM File#: 23-644 MEETING DATE: 8/1/2023 collects around these structures. In doing so, the inlets help prevent flooding and promote effective drainage into flood channels. Improving the City's existing half-round shaped drainage structures will require installing new metal grates and supporting concrete and asphalt. At this time, there are a total of 384 locations throughout the City, and approximately 80 half round drainage inlet structures have been installed. The proposed project will install an additional 50 structures in the Downtown Huntington Beach area (see Attachment 2 - Location Map). On May 18, 2023, the City issued a bid request for the scope of work. Bids were electronically opened on June 21, 2023 with the following results. BIDDER'S NAME BID AMOUNT Excel Paving Inc. $418,250 GCI Construction Inc. $630,000 The total cost of the project including a 10% contingency and inspection is shown below. Excel Paving, Inc. - Bid $418,250.00 Contingency (10%) $41,825.00 Inspection $20,913.00 Total Construction Cost $480,988.00 Environmental Status: The project is categorically exempt pursuant to Class 1, section 15031c 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 7/26/2023 powered by LegistarTM %IIT ® s- .11:• '-'.' - . : . -- - . • � r. .0 c,0PDRgTI ®40®4 _. , , • oun rate40- Half . , r ) ......: .„, ,,\. , !.. .. 1� / IRJ, � Project • (CC -1733. �. . f----7-7.7--:7—'--7—.-- . . 0 . Project Overview r,."'.',;. ...:•'',.:..' .-.i:.. -,,,,,,017.40111;.07.-.-"W ):,:i>1„:";, 0. !Illiiiiiiiitio" , August 1I 2023 <1/4004b • � 17 gI • 1 ? c ' : ' . . ., .. BAC KG RO U N D There are 384 half round drainage culverts in the downtown area. The existing half round drainage culverts are exposed and frequently filled with debris and litter. To date, 80 locations have been fitted with new half round grates. The project proposes installation of an additional 50 half round grates at key locations identified by Public Works f, 4, staff. r 44, "so.1119Iarb° G�:rr rs FUNDING/SCHEDULE • The total cost of the project, including contingency is $480,988. A total of $300,000 is available in the Drainage Fund account 21188007.82500. • A request of an appropriation of $ 180,988 from the Drainage Fund balance to fund the remainder 0 * tGrb • The project is scheduled to start September 5 20230` <` c°Rb-- °e° 3 and be completed within 3 months. o u x," /' NEED/INHY/BENEFITS . . -i4,.."1,41Z :17 • Reduce , '4, -.,.q'' AI i--,--Li i''' '-'4',14,,Y''''. '''''' ,4„, ,I lit s 1,1\,1,-...4471,72,r s debris and litter, iii, :','„,;,, ,,,,,i-,, 4 improving water quality ofe ;�; 1ial=�: storm drain runoff • The new half round `� i � gj n q � grates will make removal �� • r� Y�� of debris and litter easier � �� a � �ti �'` 1 increasing staff efficiency ; „ ' e � r T�N �'� Before &After - Oran a Avenue 17th Street it � `°R� qr¢° . }`'w s i v6g � r 1.1 ii es ions fir° �° s , '0 `'"� �E ' - :°.: , .,,,,,,.---7,t.:-,-:,,,,,,,,_..f,.;.iiiii,I J. j:,‘. 7 4 ..\,-,,,,,,v,,,,,,ief,....,,,vi, „tette,..„,:_ -,1,-t4•1,- Pam &"h. Y mgY„a o.: 4 S s . 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Ws • � CC�733HALFROUND......: � --��W�®.r. .�� �� ... ,�'i-j h' _ JiJ�'� 1�f:ir �''•.f „_.._ E • PROJECT'LOCA.T/ON —,1-,- • �rf�� • • .I, lit. `,a DOWNTOWN 4REA 4; Y _ -.--=e j` ' ` ) r _!Y. .::.. _. _ _ 4 1 {3 1J !I 1 T w _ »�i v_ b1, .. _ E.qFTF � , O Ciy Boind,y * Polka Station 7,7 �•. Cant :.` �!/� i .( CEY FaoRy #• Pre Stutlw - Reporting Cetrkt GA®m ''.V. �J> :� :` �Ut+1 ` ` I`y ` - Perk A ComnumyC.nmr Reporting District Numberif, - Y•f ,ti�x '.�U(� Sd:ool ♦ Mhca aneo:o Faciiy GtroM BL^ch Range __=,.— T ..>. coy Coupe n PmtORce - IxbiM bT--� ^i JHorbort Channel 9 Unary va:au.oep sw mg •�,�� Y r� J r j HBCly Boeeh m Mal" I Ho P�7el �'!,,.''R wvmwmsmco Oepnnen ' From: RonMeyers To: supplementalcommCahsurfcity-hb.org Subject: My family is in support of agenda item no.23. Date: Thursday,July 27,2023 7:49:47 AM I am a resident of Huntington Beach and my family is very angry with officials that do not attend to the business of running the city. Stop all extraneous nonsense and focus on providing a safe community! SUPPLEMENTAL COMMUNICATION Meeting Date: 2//12 3 Agenda item No.; )31-23 - &/1141 5////�3 t='vh 5//8/23 SECTION A 45/,2,SJ23 NOTICE INVITING ELECTRONIC BIDS FOR THE CONSTRUCTION OF FLOW LINE HALF ROUND DRAINAGE INLET STRUCTURES AT VARIOUS INTERSECTIONS OF PALM, ACACIA, PECAN, ORANGE, OLIVE, AND WALNUT AVENUES CC NO. 1733 IN THE CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 2:00 PM on Wednesday,June,21,2023,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. SCHEDULE OF EVENTS Release of Invitation For Bids May 25, 2023 Deadline for Written Questions June 8, 2023 Responses to Questions Posted on Web June 13, 2023 Bids are Due @ 2:00 pm June 21, 2023 A-1 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: Flow Line Half Round Drainage Inlet Structures At Various Intersections Of Palm,Acacia, Pecan, Orange, Olive,And Walnut Avenues CC #: 1733. Bid Opening Date: June 21,2023 at 2:00 p.m. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A—General Engineering 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: Removal of existing flow line half-round devices and construction of new flow line half-round drainage inlet structures. Work includes,in addition to construction of the drainage inlet structures, removal and replacement of adjacent curb and asphalt concrete patching per the design drawing and specifications. The contract shall allow the Contractor 50 working days to complete the contract. The anticipated construction start date is Tuesday September 5, 2023. 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. A-2 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 A-3 Switzer, Donna From: Christine Gonzalez <cgonzales@scng.com> Sent: Friday, May 12, 2023 8:30 AM To: Switzer, Donna Cc: Suarez, Rafael; Tanio, Chris; Fait, David; Moore, Tania Subject: Re: Request for Publication - NIEB CC No. 1733 - Group Account# 5190751 Attachments: 11602959.pdf Cost $1,664.40, pub 5/18, 5/25 HB Wave OC Register Legal Advertising Sales Coordinator Chrissy Gonzalez 1920 Main St, Suite 225 Irvine, CA, 92614 714-796-6736 M-F 8:00 a.m. -4:30 p.m. Lunch 12 Noon to 1:00 p.m. Closed Sat. and Sun On Thu, May 11, 2023 at 4:31 PM Switzer, Donna<Donna.Switzer@surfcity-hb.org> wrote: Hi Chrissy, Please publish the attached notice, in the Huntington Beach Wave, on May 18th and 25th, 2023. Thank you! Sincerely, i Donna Switzer, CMC Senior Deputy City Clerk City of Huntington Beach,City Clerk's Office 2000 Main Street,Huntington Beach,CA 92648 A dip Work(714)374-1649 Email Donna.Switzer@surfcity-hb.org 2 SECTION A NOTICE INVITING ELECTRONIC BIDS FOR THE CONSTRUCTION OF FLOW LINE HALF ROUND DRAINAGE INLET STRUCTURES AT VARIOUS INTERSECTIONS OF PALM,ACACIA, PECAN,ORANGE,OLIVE,AND WALNUT AVENUES CC NO.1733 IN THE CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH,as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 2:00 PM on Wednesday,June, 21, 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?CompanvI D=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded freeat: https: /www.olanetbids.com/portalportal.cfm?CompanvlD=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. SCHEDULE OF EVENTS Release of Invitation For Bids May 25,2023 Deadline for Written Questions June 8,2023 Responses to Questions Posted on Web June 13,2023 Bids are Due @ 2:00 pm June 21,2023 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: Flow Line Half Round Drainage Inlet Structures At Various Intersections Of Palm,Acacia, Pecan,Orange,Olive,And Walnut Avenues CC#: 1733 Bid Opening Date: June 21,2023 at 2:00 p.m. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A — General Engineering at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY.All extension of unit prices will be subiect to verification by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Project Description: Removal of existing flow line half-round devices and construction of new flow line half- round drainage inlet structures.Work includes, in addition to construction of the drainage inlet structures, removal and replacement of adjacent curb and asphalt concrete patching per the design drawing and specifications. The contract shall allow the Contractor 54 working days to complete the contract. The anticipated construction start date is Tuesday September 5,2023. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders. Any other contact.to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to reject any or all bids,to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH,CALIFORNIA, the Zth day of June 2022,by Resolution No.2022-20. Attest: Is/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON Huntington Beach Wave 1920 Main St., Suite 225 Irvine, Ca 92614 714-796-2209 5190751 HUNTINGTON BEACH, CITY OF PROOF OF PUBLICATION CITY CLERK DEPARTMENT 2000 MAIN ST Legal No. 0011602959 HUNTINGTON BEACH, CA 92648-2763 FILE NO. NIEB CC No. 1733 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California;that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 05/18/2023,05/25/2023 I certify(or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: May 25, 2023. Signature r.LP1-1 211 5/1 6 SECTION!A NOTICE INVITING ELECTRONIC BIDS FOR THE CONSTRUCTION OF FLOW LINE HALF ROUND DRAINAGE INLET STRUCTURES AT VARIOUS INTERSECTIONS OF PALM,ACACIA,PECAN,ORANGE,OLIVE,AND WALNUT AVENUES CC NO.1733 1NTHE CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH ,as AGENCY, invites electronic bids for the above stated protect and will receive such bids prior to 2.00 PM on Wednesday, June( 21, 2023,on the City's Planet Bids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on tills protect via the City's P anetBids System Vendor Portal websiteat: nttps:/fwww.p anettbidds.corr portailportal.cfm?coma nyID=153Ad_ Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at: fAttPs;eewtivtiv. rietq ds,aorniporfoli_portal.cfm?CompanrIF =75340. 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. SCHEDULE OF EVENTS Release of Invitation For Bids May 25,2023 Deadline for Written Questions June 8.2023 Responses to Questions Posted on Web June id,2023 Bids are Due @ 2:00 pm June 21,2023 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 rote of Per diem wages for each Craft, Classification ar 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 an 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 benef Idol 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 IBiDSECURITY-DONOTOPEN Protect Name: Flow Line Half Round Drainage Inlet Structures At Various Intersections Of Palm,Acacia,Pecan,Orange,Olive,And Walnut Avenues CC#:1733 Bid Opening Date:June 21,2023 at 2110 p.m. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A General Engineering at the time of the bid apeniing. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subiect to verification by the AGENCY.. In case of a variation between the unit price and the extension,the unit price will govern. Protect Description: Removal of existing flow line half-round devices and construction of new flow line half- round drainage inlet structures. Work includes, in addition to construction of the drainage inlet structures, removal and replacement of adlacent curb and asphalt concrete patching per the design drawing and specifications. The contract shall allow the Contractor 50 working days to complete the contract. The anticipated construction start date is TuesdaY Septembers,2023. 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 FlanetBids system. 'PL... A/6C611.W ...... 40. 1...L.++.......r....+ 11 L.1.A.. 4...4 r.LP1-12/15/1G 2 I[IC HVCIVY.I ICSCI VMS.111C 1114111 IU rCICLI uloY Uo Ulf.1.11.Ib, IU WUAVC UIIY 11 ICyUIUI 11y 141111 Alf 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, lte'U day of June 29R2,by Resolution No. 2022:2B. Attest: f_sf�2epuiEstani5lsiu� CITY CLERK OF THE CITY OF HUNTINGTON r.LPI-12J15f16 3 UNSUCCESSFUL BIDS CC No. 1733 Flow Line Half Round Drainage Inlet Structures At Various Intersections of Palm, Acacia, Pecan, Orange, Olive, and Walnut Avenues q�do11,\ NTINGTo'N City of :_-:untington Beach qqq,�0 4 c° ���� 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov ,ggq Office of the City Clerk c c0UNTY CPS ��� Robin Estanislau, City Clerk November 2, 2023 • GCI Construction, Inc. 1031 Calle Recodo, Suite D San Clemente, CA 92673 RE: Flow Line Half Round Drainage Structures at Various Intersections of Palm, Acacia, Pecan, Orange, Olive, and Walnut Avenues—CC No. 1733 Enclosed please find your original bid bond for CC No. 1733. Sincerely, , i go14411 Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan SECTION C PROPOSAL FOR THE CONSTRUCTION OF FLOW LINE HALF ROUND DRAINAGE INLET STRUCTURES ON FLOW LINE HALF ROUND DRAINAGE INLET STRUCTURES AT VARIOUS INTERSECTIONS OF PALM, ACACIA, PECAN, ORANGE, OLIVE, AND WALNUT AVENUES CC NO. 1733 IN THE CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor,in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach,,and to enter into a contract at the following prices. The undersigned agrees to complete the work within 50 working days, starting from the date of the Notice to Proceed with Work after materials are procured. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Exhibits,Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. c-i If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid,find Bidders Bond 10% in the amount of 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids,'payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for io% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addendum�0 5 Date ReceiveuC l31itd r'sSignature N/A C-2 • x,lrcr BID PROPOSAL 4 FLOW LINE HALF ROUND DRAINAGE INLET STRUCTURES AT VARIOUS INTERSECTIONS OF PALM,ACACIA, PECAN, ORANGE, OLIVE,AND WALNUT AVENUES UNIT QUANTITY UNIT PRICE AMOUNT REMOVE AND DISPOSE OF EXISTING CURS,GUTTER,ASPHALT CONCRETE,AND INLET 12,600.00 630,000.00 1 DRAINAGE DEVICE/STRUCTURE,AND CONSTRUCT NEW FLOW LINE HALF-ROUND INLET EA 50 DRAINAGE STRUCTURE PER DESIGN DETAIL 630,000.00 TOTAL BID AMOUNT WRITTEN IN FIGURES TOTAL BID AMOUNT WRITTEN IN WORDS:Six Hundred Thirty Thousand Dollars DATE: 06/01/2023 `-All work includes disposal of removed material offsite and restoration of adjacent improvements disturbed during construction to an in kind or better state upon completion of work at each site. Any and all costs for mobilization,traffic control,and site restoration shall be included in the unit price bid per each. • C-3 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. ,dad Name and Address of State Class .IX 3PWC Dollar %of r R + 1 '0Re g istratiol # Items) Sic000#ractor License a Amount Contract ercl�33 3 �P I F��s 1 kiTgi t -'� s ag # x 1 3y3 'x' -1 z INIM �3 13 1 3 � -75 ,y„ i� � # a � �t..�, � ,2" sE.,.'x��39y€�I�� �� � � t� �� 3 3 3 �� � 't y 3. - � `�� � u eIMMINIMNS � MOM '` �J�1' F N3g r a none By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform at least 50% of the total work and 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-4 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 on06/01/23 , at San Clemente , CA Date City State Alan Aristondo , being first duly sworn, deposes and says that he or she is CEO of GCI 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. GCI Construction, Inc. Name of Bidder Signature of Bidder 1031 Calle Recodo, Suite D San Clemente, CA 926711 Address of Bidder C-5 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 FLOW LINE HALF ROUND DRAINAGE INLET STRUCTURES AT VARIOUS INTERSECTIONS OF PALM,ACACIA,PECAN,ORANGE, OLIVE, AND WALNUT AVENUES, (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. GC! Construction, Inc. Contractor Alan Aristondo By CEO Title Date: 6/1/2023 C-6 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. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 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. Contractor By Title Date: C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: GCI Construction, Inc. Bidder Name 1031 Calle Recodo,Suite D Business Address San Clemente CA 92673 City, State Zip ( 714 )-957-0233 alan@gciconstruction.com Telephone Number Email Address 755356/A State Contractor's License No. and Class 10/16/1998 Original Date Issued 10/31/2024 Expiration Date The work site was inspected by Mike Pindt of our office on May 30 , 202 3. The following are persons,firms,and corporations having a principal interest in this proposal: Alan Aristondo-CEO Julie Pulley-Secretary ♦t • Richard Kay-CFO G M �: m :I: : t SEAL 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. GCI Construction, Inc. Company Name Signature of Bidder Alan Aristondo Printed or Typed Signature C-9 NOTARY CERTIFICATE f Subscribed and sworn to before me this t day of ,,, ...) ,2025. 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 AtItcrit2P Y3r ) s County of Chi 6 If ) On 0( / 21 ( Z 5 before me, lirekts4%fr. C- a ! N1y ( 4u C Month, Day, and Year Insert Name and Title of Notary personally appeared AN/ Pc9-teCoki 0 CN Name(s) of Signer(s) • who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. EN3! 1•California �; Loss aCounty 4.;., Angeles g. �'<.r�'r' Commissfon,2390529 fir„ My Cam .F.xPtres Jan 12,-20„, ,, _ Signature 9----- -;„..92SSI---- Signature of Notary Public (PLACE NOTARY SEAL ABOVE) c-lo BIDDER'S PROJECT HISTORY For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project.For example, "Construction of drainage inlet structures and curb and gutter for City"}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address, and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1 City of Norco-2870 Clark Avenue, Norco, CA 92860 Name and Address of Public Agency Name and Telephone No. of Project Manager: Sam Nelson-951-270-5607 $826,685.00 -Storm drain,curb&gutter,street work 04/01/2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Perform storm drain, install RCP, road work improvements, curb,gutter and catch basins. 2. Inland Emipre Utilities Agency-6075 Kimball avenue,Chino, CA 91709 Name and Address of Public Agency Name and Telephone No. of Project Manager: Alex escobar-818-439-8668 $69,000.00 Storm Drain 05/01/2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Install concrete headwall to capture trash in storm drain. 3. Irvine Ranch Water District-3512 Michelson Drive, Irvine,CA 92612 Name and Address of Public Agency Name and Telephone No. of Project Manager: Tom Bonkowski-949-453-5692 $98,680.00 Installing Splash Pads 10/01/2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Grading,V-Ditch Construction&Installing Splash Pads • C-11 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 Alan Aristondo Name of proposed Project Manager Telephone No. of proposed Project Manager: Alan Aristondo-714-957-0233 Norco MDP Lateral N-1G- $826,685.00 -Storm drain, curb&gutter,street work 04/01/2023 Project Name& Contract Amount Type of Work Date Completed Recharge Basin Clean Up of Illegal Dumping-$69,000.00 - Storm Drain -05/01/2023 Project Name&Contract Amount Type of Work Date Completed Baker Water Treatment Plant Solar Array Drainage Improvements-$98,680.00-Installing Splash Pads-10/01/2022 Project Name & Contract Amount Type of Work Date Completed 2. Mike Pindt Name of proposed Superintendent Telephone No. of proposed Superintendent: Mike Pindt-714-957-0233 Norco MDP Lateral N-1G- $826,685.00 -Storm drain,curb&gutter,street work 04/01/2023 Project Name & Contract Amount Type of Work Date Completed Recharge Basin Clean Up of Illegal Dumping-$69,000.00 - Storm Drain -05/01/2023 Project Name & Contract Amount Type of Work Date Completed Baker Water Treatment Plant Solar Array Drainage Improvements-$98,680.00-Installing Splash Pads-10/01/2022 Project Name & Contract Amount Type of Work Date Completed C-12 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 $400. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 https://www.dir.ca.gov/public-works/PublicWorksSB 854.html DIR's Contractor Registration Link—Call(844) 522-6734 https://www.dir.ca.gov/public-works/contractor-registration.html DIR's Contractor Registration searchable database: https://cadir.secure.force.com/ContractorSearch 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. Contractor By alan@gciconstruction.com Email • Title Date: PWC Registration#: 1000001150 C-13 , ..IiidIand tationaNhtliber at:A.2414 . 01:15T.R4061t: . ,SIIRgT.Y.i....„ pirmoiltz04.:OrtecOrilitiddiro) :0T(//7"144/Stafig otpeitie*ifitiitr.pfhpsi*s4 ....., GCI,: 0..t*41.1:1H0*i i In 'mkt)Natiadatiastitaiitcatiipitii,.. : ...,,... ...,._............,„„.„....,,., ...,,,„,. ,,.,.... foititie'..,k40 .d.0,,Skc.4.}: '4.40iYE..•14Otill.i,Ave- .14iiii-o'.:250, iSie•Cleirferite910YS ,Aitheittl.:CA.9•28.'00 , . 6*:-.NtElt: Thislidohinent,h4ihiptietuht:tega: ‘: .:„ . . ($04 igga;P414044dilm..ef ' .:04.),IPqmogg0,',i...,C9P:00140ITY411 ... Tptailetion at Ploctific4tholt, , . .„,,..: . ..... .'.40(iVin": Stieee ,its ,.. .. : titlyitiop*teAdii.t4'92204g Atiyi:'sinipt4r:tefdietice to . , . CttaaOri.getetyi:Ostilietbk .othvrpotty/Sh011.lit:conSiiietea 140-roLttrhere.A5r4o.ohle.,., 14)14P:04..0P '11..'0411kr00;04PAY.•-.44r410,140fM. tI1terjEtT.:,#,ir'22. Pieyi.#thieliatitohtid.bilhorgeAhletigteriodiees PiiiitetnheOtsity:::: • , The:cAnteoctotand.Shotyl.te,houndtp440,07on.o.,iil thearhoeiit•.:setthrfttiheweloe•ithe.goymenp.,0f•whipb•,0*-controort*.-otg*tety- • hin&t.herhSefres..,theif heiisj.ei'dentoisi,:A&niiiistrati*„.*caiiiiiii,kid*isig.n:s,joititly.SifitSthter4t,liS provided fiefeiii,the:conditions of this Bond ote stxcii?.filg'itilie*Ovb0;'.egceptsilielif,to.t the Corti-44c.toitlitn..tlie.'tiine,Ve41604 int11g,Nit iilc,utligmsi.,.or*Ithi,tyst.1*fit-4 . period 4:0:„fil#1)e*gogd?.fc.fl*:t1*(?*nee;and:C.citite4tc.i4:iild#io-goittto:ok:eithe 'l(1).,eFifek:k3ktii44:Oi4tiieo*0.ihe:Q*4*ao accordance with the terms ci14041.54,gricl.*e§ 04140#4.:ect fl'oMt*.A.$,I:Payle''`00e61*-4ifj,104,.01$44ti4t P,•;i:t:ta .:P041n4,004,4iitii:4, setetratitilittediw6e10i.t5.44iiatiotaio:Prdiee,t..aoiiotheo,iise:*eeptiiiile:A6.the:(Nremt4r0e6rthliApettzetiente ottatlitouteact.ona . fottkic- ***t'04...,.304#•01:104-4041,4'44t.g0;f9441:k14*#000.40.P0,01...thereof,or 0400 t1*(;*0441*giff400 .004.0;*.ii0,0 t.1 .40'40#1tfifith.*AksokbOf*O.1.1-* oilltiprit**46c.it.'..*$441.0 kolt.:.414:14±0r,400tikkt*.iii4i4ho Q.k,„*.r,04yiP;gooci 04:- itittia*i4i:4*007,0--4.#0,- work by said Ilieii,t1i4.0blig.44-ii4i4 be Wit.e011.4.3•161a;.:otherwise to remain fif fell to.k0'.'.,404 4-104.71*§11#fyi-1**.ory**•44.r**4 0..*4g$4.4104:4**0.0:4.,..04gXINT44..4..04.1c041**44:41.,*c.04144.*ti .4..;44t.t1* Pwigr.. #472::•40'0pt i*r.:4z1;WOit,t.0.-.:Ofotke..ht•-,0*$###-*figAityt4pfly.0*;:*iyoftoostaazo#04/0:g .,,qk4(x):ogyiaifii0 ogitogote. ., ilothiiii!the';tiii*..tff4ii.4gotia.E0.T.-tifl*a Sta'ea0a,10.,the bid-dii4itiiontS*44.10*iiet.Ohd.,CiitirioOtOt.,Sh011.obtain tho*.iii*TSOeinSent-for 14 cgq*.b4t?gy0.40 (0)*P.',... , . if this 45 pldj..sjssJA',,--•4,-,0,°'•:;-62m.ao'h'O44...„4-th.:o....00'nfto:.#p :hira tA:.0;',co* #)x.t11*,10#Contractor -*i,:ttifid,Alalt'4 ,450,a-.0.tdto, ' subdontrattor,Wnd.t4eItith.O.Wtittiihil tetleeineittg bet6tiiiioadt, Whgk'ilus130-0.;1 has bepgtftwils4e419!tot4k with e'stato.toq-ot otilerI.V4:0q*.toe,i4;*thg:locAtitlivaf time Tifiect,igor p,rciNiSiot-**ils liond.,:coritliethovArh-s-04:Settuteey ge."1001:te91..iiiettietit'shAllIe:deetidea,delottd 1*mitOr4,Ond,.proViSiOns..COriEOctriieto3,Sikkstottitil.4.7#k 004;ild.O.,.te4-ilieeineneshalrbe.deeniertittcOtbtitOth#0.1h,'Whett,s0;A).tiiihpil;.tliejiliteiit.i. fti'it :B:*4.04 be construed as vittutoty.totidcolatbtl*CcorattiiittUtizAi-oul.. $.101.g.4'aiA,so*4.1* Iith c4,y,,atli.4.4023 . „,GC-I.COnitructibn,Inc..' ...... , . ,., , .. IT,Mllo.t), f` 6C ,. ,141.±. -ii:Ihittititli Iti. "AiiC'tbiliViriY.:Alk 04 , :,,...-:, , .,,, , Pts.) ,: , , .. - . , . •, r. . , .. . .. _.. ,. .. OF ifile4'X'No,p04 "''' .',' ' ' ' frillif . heel]): a:i.: #.1 414z4.4 „..„, ,., ...., ..,.. , By arrangement with':the American Institute of Architects, the National ASkeletitili,of.Surety Bthid. . . , ..„ Prodticers;.(NASSF..) imnosbmorg)makesihis ftirrn document Witstrcieribersj.effilates,..ted: ,4,sOCI4*.',Iri,041efogirft......woo'forriitt-f itit,tisenthkfegOle.totrese.pf'sptety.bOstele:§S,M$14P*Ochesitiet' NASBP :. - • -- . - ', • : ..' thectrigirtaLteirrtihis the:doc6rnent•corifOrrasegeetly.td• teWih-,A1A..Decuthetit A316.42011);:sitiltonet.: sobseodritifoodiff4otioibiaybe.eriade.t0111.0,'6iftiiiallekiifih(g,datOieritOfilsem',.tb.,,-6ftifuliteMeWbf: • its wording and consultation With;an attorney are encouraged before its completion, execution or acceptance, ACKNOWLEDGMENT A.notary public or other officer completing this certificate verifies only the:identity of the individual: who signed the document;to which this certificate is ttached,and not ti a truthfulness,accuracy,,fir'a validityYof that document. • State of,California Countybt Riverside -_ On 05/30/2023 :before me,. R Nappi NotaryPubl c (Insert name,and title of the officer); personally appeared Michael D. Stong who proved to;rne on the basis of satisfactory evidence to be the person(s)whose names}is`/are subscribed to the within instrument and acknowledged to methat he/she/hey,executed,the same in his/her/their authorized capacity(ies}, andend that by his/her/their signature.(s)on the instrument the person(s), or the entity upon,behalf of which the persori(s) ,.ex actedecuted the instrument I certify under,PENALTY OF;PERJURY under the laws of the State cif California:that the foregoing paragraph is.true and:correct. WITNESS my'hand and R.',NAPPI � '= •Notary Public Catifar is Riversi •Caunty Commis pan:#4327975 Signature (Seale uFa ' My Gamin Ex{iires Jua 7,2024• POWER OF ATTORNEY Bond No. CSBA 24144 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group,Headquartered:4200 Six Forks Rd,Suite 1400,Raleigh,NC 27609 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint - BENJAMIN WOLFE, MICHAEL D.STONG, CHELSEA LIBERATORE, BEN STONG,ADRIAN LANGRELL, DWIGHT REILLY, DANIEL HUCKABAY,ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R.NAPPI Orange, CA their true and lawful attomey(s)-In-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all Intents and purposes,as If the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. 'RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-In-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of Joint-control custodians,agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter,being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2022 ,,,,,t,,,, 44.0148.1.4 ' , County of Essex OF NEW JERSEY County of Cook OF N015 •:aaRt7u .\ 4+, SEAT. fi ix. SEAL oo: 10604_6 4471-F Kenneth Chapman Ki n. +" ��� 41 .Y Executive Vice President,Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December,2022 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. a"'"�,an„no }lY Q 4,,, IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, �G0 New Jersey the day and year first above written. .� ;v N47ARY V•• A S7 •�' I) .,, OpNEW J�,a' Cathy Cruz a Notary Public of New Jersey" My Commission Expires April 16,2024 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file In the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, May 30iv, 2023 A00835 Irana Marling Anmiatani Rarratary ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valid' of that document. State of California County of n,Nt,t �7. l is I On f before me, ` �r\t .. 6 erect/- 1 ()vat I C (insert name and title of the ffiicer) personally appeared * s-ra,ki who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are • subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by.his/her/their signature(s)on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ? ARCIA e�rtEgeI Count Mary Public•California {$ �.��`_ kasMgeles CountyCommission*2390529 ' My Comm.Eommo elr Jan 12,2026 '-L6 Signature t�-- �-- (Seal) •Bid Bond Bid Bond Nuttiber,eSi3A,2414 ,•• it•-"OrtRAcTOR::. ttilittYr.: : ...... gvtizif.;iesa4,figo,F4oit'ilditro.9 ;:PaPtv'./044;*.iti,f;i000.),iimOdi .141-afki4s;-18:0 • Pc71',.c40sto•O017jiicJ 'kuico National 4,5*401',Coinba4 i0f., d11:0'igth40;: to.,„-:0: 1,40:0, 1• 444-;;A*04,,,13,pW.,,25.0; S;Ofi:.C.te*Iltei'cjii'9071:5- (410.28.0:6; :•• .••• i OWNER : ,Th.:5;:doOiriiO4 ha..if:10106.4i.i#legal „ .,. ,... . 1 Noit,tigiihtateatidgeo: ,-..c.oilogpetito .',CphsijItition47411 1. Orr.or}1,1411000:)4)iegth, AikAtfpti:41,ittie.igagatiaill respect ... /00.ii.m .§.tier., ;ifitodipktiait:'lit ifitid ficiiiiiii; tfolifiggtm;;'.D..:;00,i.CA',.,;9.Z4.8- any 'i:vitax'..40'..0 Tg.1.1c.c to • I iitigfefiStisieti Owner or I othet pattpihai*totii-feted.; i : ;P14.17a1N;114'.e.Ipplii41314, . BOND AMOUNT 'T04,-gexecofoto'4.6fArii,,,013,14 . PRQJECrF2;25 Pia*Lineligf 11.45tilidti4iii0IrifetSttiletur-0' I Ti.rgiot.1400)1*.4.1.f , 11*,Contractor and,S4ketY14*.:116114t1 tfr.lbejb*hei.lh the amount set forth above ibetheliMtetit;:of.**thEi*C9ii.tri*tbr 0,1i.4. 0rety;; wit illipsety.04..:thei*.:hOir:5;.OceculOts4clipi4ilsicritOt#;,4K0s.Opi-s Arictaosig40.,301:41.raticis,Ocr4flyi'*:pt0iO4,hPri3O,,T1.1 -'gotiditio;*of tl)s:1)3444:..i0 siig•Wiih#ititiO3tiii0'4q4.,1.ts i.1*,40idi:'0tt..4 Contractor within the time specified ii1-5th •iiid 4,000.00*,:fit t;litt.414-4juokvitiroo .„, ... ..,.. with .., , - - - period gP...;:#141;:3f;;;*;;.-W00;;P;$,Y;riftP*,oggvIci CoAttAct*,..xld il*Q:.4.#•4*tot*0or•-:(4.;%pooy,4*t a contract wiii4,0xpic*1#47.:* 'atetiiiiiiide,*tif th6lt4fiti4-'orgIiii.014,and 0...i.4.such h6#.4 or hiih40-ffi:iii#:.1Q••:Ve4fiEitiii:114o:..biaditig.idettilittiadt tikkiliteht.4;*ltii4 • Skroty•ailiyiltiedin:theiutf, du otthe.Pr(*tt.uott•oilit-mi,16oceptailitelo ttio:Qw.tiori fiwiWfi,filititpp.itognahco.of 4:-1 .1i,':ColitraptAh,c,t f.,,OP.,thg.!.•Orp•;p0.i,1143TTPtfitl4px,,44rmicii41:0m*40.-,:igt11PrPP4if)11,01q (ig.PP;(41) *0-41P'0*PF;'';tb. ,Affr,;ggcgolci(ko.,:f;cg4) '.th&iiiiiiiiiif,4f,thli:Bii#:4;1****ii•the4itio.;;14w;4*06i4ea:,iii..;:&44,biti.iiiifiiidh,Fitgo.4;teit.i*t;;foi:iiffi*---tht OVi.hethifiii,Aboil faith thattati,y4thatlogiet.prtrto.,,pertorrh ilie,,,00.iit overotti*;$0.id,144,.tfien.tiii ,obbi.pti6ivs6;11;bt'.;;:ntiitIrta,voikt,,,otliervitie toAczitain'.laitilli.: force and effect T1**gg:fyb.pr0y- ggy,q9*•g:0.fv.1,.:::vx•9..grqcpt).1pw..cpi.*g',0:9,TIw.K.,41.14.cOifFg•ipr•r4,4,tpx,4,:ths,"-.tilPeii;w1.007,:thc•• bkv.;410-.;;th#accept tfie.,.ba'w4i7-- .ekif xiiiiiof:by,:t.t*saroti,shall not:volt to,*It.0:.#01,44***Oe640,&ty..(60),Li4ysisi.:itt-4:h.---gg*ote , *ji46d:;kbe-'1:ii*.fp;r4c:egpOpOif'UAt;,06ift04 ihAe bid.40 „,vocol*,:•Ahit it*P.whg.:. 4,-i4:00-x.rActo*iltokr4iotho$.•!•*.ws:co..040t•fot.boiidixiy(60)thys If,i41i,13iiiidl...1gii0,Iii,ttiaietei6ii,With a•••$ilbdotiiikibiSt'ibia,.,to i,•••C4tittitki •theleiiii:0,iiiiiitta in this Bond Aiiltlie,'Fleehied tiitig:, SiiixotitOttOt and tiletitrisOrtrareiliiil lit",d,tdiiitii.th be.0,Iiitts'ict(ii.. Ngli6n4hi.B-ofii.i..ii' ds:Vterautin' idia.tottily' Wiiii,a.gtatutotrotb.thei.legal•it qtiiieiiientih thelititibit61.,the Pii4tit t„4hritftMilbh-iihis Bond conflktiiiRVit112sAiA'Atu,iPxy.-Pt',4•4mallitip4Axitallull.''be,,dgemetl.:1aekteil hereTioin„and:'4);foiiijgheQhfqxhing,fx5vokAita.4i0A-rp,r i. poi.*:1440.444t-..itioiellittall'iied6iiheillheoifeliffeeiliefeiii,Wheii 0 ftithi§hd,.the'ififeheiiilhittiiiBatiE0011 We'6'•iiAifiezt,as • , , .'. stattitbly.hOffd notaiciui odtid, 1 1.. .•,:;it#10"i104.. -01#4 4'40, ., pt.h: day of lWi7 2923 i CCI:•;Ohns„thictioh,:the:,, , . . I (Prli,'04. - ' .1.',...•<r--- - ti*Oi. 1. 1.1.ri.004 . I .. . .r.60 •• i• ft Oatca'Slaiimirthstirtneetiltripaliv, , .., i• .,., , ; • 11,11.1..: ritiiislyR.N'Ofjpi. ' ,, '•,. '-''.. 'i •••' •• ' -- -'..; • ,,.,.',-,l• ..••P.. f' •',,, • •;:.< -:..-.. ,. ... .. aitie)1.„:,hot.D.!: p' .; gy4in,fa,6,', ,.' I ' .: •,, - • By arrangement with the:Amee.ic.ar.i irltitt, ;;,:.pf';;Arhited!$,.the Netlehet Association..of,:iSt#Oty:Bond, . , . . : :,- •• Pr0t1000•.(NASI3PI,,64(vOi‘Miablitjtg)makes this form 09040e4.*114.0*P;4'111.00Nf.S;affiliates,and , . associates Microsoft Word format for•.cis•O''.ittt*ltgplae coursetif stirtV.::::bositlet, ;.,WEIP'.1.4*100s,iha, NAS1311' this • - • ' . .,,, ' • t(*-:.,Otigihaj..00tt'.-bf; .iipOtifoit,conforl*Oattjyyto#10-:teilt.:k)NA...P.p0,00it;433.0401p;;::01.078ppc1;,, : . Subsequent modifications tei.4y.:?0,0',0i-a06:to.::tti ,6,04160(t0ic(0,(Eils;;d64.1rit tiiir..0.4*iO4,04fij,:vio:iirowcif; . .„ .. . , . its;wording and; !00$0#.C10h; with an attorney are :e.040ke0$04, before it `4.4011;;f0.0,4 3'••)(000e.f.tf•or :AiGi,:optance ACKNOWLEDGMENT A notary public or other officercompletinothis. certificate verifies only the identity of the individual Who signed the document,to which this certificate is attached, and not the accuracy, or validity of that document. State of California County of Riverside '..:124,05130/2028. before me, R. NaPOI Notary Public, (Insert name and title of the officer) personally appeared Michael D.Stoit Who,proved to me on the basis of satisfactory evidence lobe the,person(s),whose name(4-iStare subscribed to the instrument and acknowledged tone that hettheitheyexecutet the same in his/her/their authorized capacity(ies),and that by his/her/their signature(S)bit the instrument the person(s), crib:a:on*upon behalf of which ibaporoon(4aCte1,'-execotert the instrument. . . I Certify under PENALTY OF PERIVRY,under the laws of the siat6 of California that the foregoing paragraph is true and correct; WITNEPS:rnyhand.,arid official seal. fiftktNotr Pubhc Califcrnia .z• Rildrikk County „ X v Commission#2327975 Signature (seal) 4140,,•- .2 4,0 Aiy,Comm:Expires.Jun „2024 ,Lv • POWER OF ATTORNEY Bond No.CSBA-24144 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of!AT Insurance Group,Headquartered:4200 Six Forks Rd,Suite 1400,Raleigh,NC 27609 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint BENJAMIN WOLFE,MICHAEL D.STONG, CHELSEA LIBERATORE, BEN STONG,ADRIAN LANGRELL, DWIGHT REILLY, DANIEL HUCKABAY,ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R.NAPPI Orange,CA their true and lawful attorney(s)In-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all Intents and purposes,as If the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney Is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. 'RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation In the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter,being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed° IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2022 ,,,,,"' s, STATE OF NEW JERSEY STATE OF ILLINOIS 1� ft,„ yce...ti.6) 0 ''w4"�, e ' County of Essex County of Cook ��'+ +` SEAL C" x SEAL "= 16: ,d4r` y. s.ti�.1o04 a; Kenneth Chapman ti 1•,r 1H� * b' Executive Vice President,Harco National Insurance Company �'",,.i���'',� and International Fidelity Insurance Company On this 31st day of December,2022 ,before me came the individual who executed the preceding Instrument,to me personally known,and, being by me duly sworn,said he Is the therein described and authorized officer of HARCO NAt IONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said Instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. N•a,oPirme1%4. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, a•O�•tHY !f �• •� ;ssio,�, +y+ New Jersey the day and year first above written. ;v NOYARY A cia;'.i lWLIC a / tic •., 'o1 1. •0, Cathy Cruz a Notary Public of New Jersey a'++ru.aInl"` My Commission Expires April 16,2024 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth In said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now In full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, May 30113, 2023 r A00835 Irene Martins,Assistant Secretary ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or valid' of that document State of California County of ® c4 1 ) On �Z I/ '� `k +° before me, ' iv • 6,, ctiy- et,is t i c (insert name and title off the of personally appeared s-aoi 26 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(les),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. Anita WITNESS my hand and official seal. es=N ! County ount f . Notary Angeles •Cainty . i .':�..��: _ LosAngeies County ,v, Commission#2394820 ,"411,01. My Comm.Expires}an 12,2826 Signature L tN-- 04-" (Seal) • � yJGCI CONSTRUCTION, INC. 1031 Calle Recodo,Suite D San Clemente,CA 92673 c Fri OF Nr1 fgG7Tp Tip' Zoe o Nn,w1n1 7 IfunrriNwroN Ci+ kvl Z?j2.3 T-Loo tiNG ftAc,r ¢O1",' RAw I Nui s 4c, 5 �� neAl i.,1 Oi,i tL#3 2- M an.