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R.J. Noble Company - 2024-02-20
RECEIVED BY: CITY CLERK RECEIPT COPY f t /)..�,i/ M CCa N Return DUPLICATE to City Clerk's Office (Name) after signing/dating 31i312,y (Date) in CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION 3 it TO: City Treasurer FROM: City Clerk / DATE: 3JJ /2y SUBJECT: Bond Acceptance I have received the bonds for I2J I 010141 Cn2vl (Compa Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 302,CtP3ti fr Payment Bond (Labor and Materials) Bond No. 302.0403 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 2-12 r^ r2 E (Council Approval Date) CC No. Agenda Item No. '21,i#• MSC No. City Clerk Vault No. 0'I9• 50 Other No. SIRE System ID No. I.0 RI so g:/forms/bond transmittal to treasurer CITY FUNDED CONSTRUCTION CON TRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND R.J.Noble Company FOR Residential Overlay of Maintenance Zone 1,CC-1743 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 R.J.Noble Company , a California .corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Residential Overlay of Maintenance Zone 1 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 4• prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms,conditions and obligations of this Agreement and the Contract Documents(as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx—revised 04/2016 D. The edition of Standard Specifications for Public Works Construction, published by Builders'News,Inc., 10801 National Boulevard,Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit"A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contract.docx—revised 04/2016 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Four Million Forty Four Thousand Nine Hundred Dollars ($ 4,044,900 ), as set forth in the Contract Documents,to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten(10)working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within Seventy ( 70 ) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contract.docx—revised 04/2016 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CON TRACTOR 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 CON IRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is,and shall be,acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.docx—revised 04/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of One Thousand ($ 1000 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided,and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes,unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay(unless DPW shall grant a further period of time),notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract.docx—revised 04/2016 delay and CITY shall extend the time for completing the work if, in its judgment,the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or, should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed,but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order"means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/City Funded Construction Contract.docx—revised 04/2016 (b) Payment of money or damages arising from work done by,or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires,floods, labor disputes,epidemics,abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW(or his or her written designee). All Demands shall be submitted promptly,but in no event later than thirty(30)days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days 9 16-5195/City Funded Construction Contract.docx—revised 04/2016 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested,whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer,in writing,either within fifteen(15)days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request,the DPW shall schedule a meet and confer conference within thirty(30)days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement,then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute,the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900)and Chapter 2(commencing with Section 910)of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx—revised 04/2016 or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule,the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion,DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent(50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5195/City Funded Construction Contract.docx—revised 04/2016 sum as will bring the payments of each month up to one hundred percent(100%) of the value of the work completed since the commencement of the PROJECT,as determined in its sole discretion by DPW,less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered,or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided,however,that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR,who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items,if any,to be set forth in CONTRACTOR's affidavit covering disputed claims, 12 16-5195/City Funded Construction Contract.docx—revised 04/2016 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY,forfeit twenty-five dollars($25)for each calendar day or portion thereof for each worker paid(either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx—revised 04/2016 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq,shall apply to the performance of this Agreement;thereunder,not more than eight(8)hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight(8)hours of labor per day or forty(40)hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight(8)hours in any one 14 16-5195/City Funded Construction Contract.docx—revised 04/2016 (1)calendar day or forty(40)hours in any one(1)calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number,work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION,DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands, defense costs, and consequential damage or liability of any kind or nature,however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx—revised 04/2016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/City Funded Construction Contract.docx—revised 04/2016 • 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend,hold harmless and indemnify CITY,CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees,agents,and volunteers(the"Additionally Insured Parties")as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy"deductible" of Five Thousand Dollars($5,000.00)is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx—revised 04/2016 26. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement;the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled'or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10)days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contract.docx—revised 04/2016 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10)days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have,terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR,CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause,and whether or not PROJECT is fully complete upon seven(7)calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience,the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx—revised 04/2016 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement,or any part hereof,or any right or duty created herein,without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES;RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices,Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100)for every Stop Notice filed in excess of two(2),regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 20 16-5195/City Funded Construction Contract.docx—revised 04/2016 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices,certificates or other communications will be sent by notifying the other party via personal delivery,reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach R.J.Noble Company ATTN:Max Olin ,Public Works ATTN: Jennifer De longh 2000 Main Street 15505 E.Lincoln Avenue Huntington Beach, CA 92648 Orange, California 92865 35. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions,and do not interpret,define,limit or describe,or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/City Funded Construction Contract.docx—revised 04/2016 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the 22 16-5195/City Funded Construction Contract.docx—revised 04/2016 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/City Funded Construction Contract.docx—revised 04/2016 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation,and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements,promises, agreements or warranties,oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement,promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Construction Contract.docx—revised 04/2016 { IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on F P J .201, 20 29 . CONTRACTOR: CITY OF,a INGTON BEACH,a municipal corporati.�T���-f� - _ .t=itfCalifornia By: X ow,. STEVEN MEN VICE PRESIDENT ay (print name) oustetruelittto ITS: Chairman/President/Vice-President City Clerk 3/4 (circle one) INITIATED AND PROVED: ANDS 7/1/(///t//7 By: X Al4.' Director of Public Works JACOB B'EED 1!�! SECRETARY (print name REV D AP' 'OVED: ITS: Secretary / Chief Financial Officer / Asst. Secretary/Treasurer (circle one) City Manager APPROVED A • City Attorney 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 4 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of URANCIF 02/09/2024 J. DEIONGH,NOTARY PUBLIC On before me, Date Here Insert Name and Title of the Officer STEVEN L.MENDOZA personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/fief/their authorized capacity(ies),and that by his/ err 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 rah,,,,--..,..b"°mdb„ J. OONGH `." Public-California laws of the State of California that the foregoing Orange County paragraph is true and correct. Commission 2468114 o,•' My Comm.Expires Oct 28,t027 WITNESS my hand and official seal. Signature 6 ,V(.. ..**-..------------- Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer -Title(s): 0 Corporate Officer- Title(s): ❑ Partner- 0 Limited 0 General 0 Partner- 0 Limited 0 General O Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: . . . . . . . ..... . 111011880000100111110804.31118 7 ©2018 National Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of ORANGE 02/09/2024 J.DEIONGH,NOTARY PUBLIC On before me, Date Here Insert Name and Title of the Officer JACOB BREEDLOVE 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/afe subscribed to the within instrument and acknowledged to me that he/stie/thcy executed the same in hisffier/their authorized capacity(ies),and that by his/weir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the J.DEIONGH laws of the State of California that the foregoing E' ,',F paragraph is true and correct. Notary Public California _v Orange County Commission it 2468114 WITNESS my hand and official seal. ' .'oa My Comm.Expires Oct 28,2027 Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer —Title(s): 0 Corporate Officer— Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2018 National Notary Association SECTION C PROPOSAL for the construction of ZONE 1 RESIDENTIAL OVERLAY from PROJECT LIMITS CC No. 1743 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor,material,equipment and incident insurance necessary therefor,in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach,and to enter into a contract at the following prices. The undersigned agrees to complete the work within 70 working days,starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees,etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. c-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid,find 10% BII)BOND in the amount of which said amount is not less than 10%of the aggregate of the total bid price,as required by the Notice Inviting Sealed Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 1 CC1743 'iif _ p� , I tY heft, Ccj\ e 1 MOBIUZATION INCLUDING CRACK SEALING 1 Ls $ `ii on,'`" $ ZO,;,,,,,, 2 PREPARE STORM WATER POLLUTION PREVENTION PLAN(SWPPP) 1 LS $3,000.00 $ i.o,a"° 3 INSTALL&MAINTAIN CONSTRUCTION BMPS 1 LS $12,000.00 $ 12,uu1E,,r, 4 CONSTRUCTION PROJECT TRAFFIC CONTROL 1 LS $40,000.00 $ 4a000.00 6 TAPERED EDGE COLD MILL AT 0.12'DEPTH PER DETAIL IN SPECIFICATIONS INCLUDING DISPOSAL 700,000 SF $` ` $ 217,000.00 6 COLD MILL FULL WIDTH OF ASPHALT AT 0.12'DEPTH 350,000 SF $ t $ tnasoo.no INSTALL 1-1/2"(0.12')TYPE III C3-PG-64-10 ASPHALT =4- ,,00lug CONCRETE OVERLAY 22,000 TN $ $ FURNISH AND INSTALL PETROMAT PER 6 �,nuan,, SPECIFICATIONS 285.000 SF $ '' $ REPLACE AND ADJUST WATER VALVE COVER TO 9 GRADE 265 EA $ 60n_,;, $ ,''aunnrl, 10 ADJUST CITY SEWER MANHOLE TO GRADE ti�,,t,,,,,,, 155 EA S $ REINSTALL ALL EXISTING TRAFFIC STRIPING AND 11 LEGENDS TO COMPLY WITH CURRENT HB CITY STANDARDS. >,,,800,x( „)M;,,u 1 Ls $ $ 12 ADJUST UTIUTY MANHOLE TO GRADE 10 EA S";,e uu PROVIDE SEWER MANHOLE RING AND COVER TO 13 REPLACE ANY DAMAGED RING OR COVER (ALLOWANCE) 5 EA $ soo 00 $ d,o,xi(In PROVIDE PAVEMENT REMOVAL WITH 2"(0.17')COLD 14 MILL AND INSTALLATION 2"(0.17')CLASS B PG 70-10 t00.o00.00 AC BASE COURSE AT VARIOUS LOCATIONS 40,000 SF S'"' S 4,044,900.00 TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A $ C-2.1 SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 1 CC1743 TOTAL BID AMOUNT IN WORDS: FOUR MILLION FORTY FOUR THOUSAND NINE HUNDRED DOLLARS AND ZERO CENTS Nett All extensions of unit prices will be subject to verification by Owner. in case verification is required between the unit price and the extension,the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 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 Ckzu DIR PWC Dollar % of Item(s) Subcontractor License Registration ti Amount Contract Number CAL STRIPE 2040 EAST STEEL ROAD r;;., ;i1 0001100 1 1 COLTON,CA 92324 GLOBAL ROAD SEALING INC 10832 DOROTHY AVENUE 7575K" (.;.2 10'4100; 14 $65,800.00 (GARDEN GROVE,CA Y2843 By submission of this proposal,the Bidder certifies: I. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on (uio9,2o2 , at 0,, t��,; , CA Date City State JACOB BREEDLOVE , being first duly sworn, deposes and says that heitdOtti is SECRETARY of R.I.NOBLE COMPANY 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. R.J. NOBLE COMPANY Name of Bidder X Signs' re of Bi r JAC BREED VE,SECRETARY 15505 E. LINCOLN AVE.,ORANGE,CA 92865 Address of Bidder C-4 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE}1189 1om04.- 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 n ANGF 01/09/2024 J. DEIONGH.NOTARY PUBLIC On before me, Date Here Insert Name and Title of the Officer IAMB RREEDLl1VI 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 .>--DEIONGH laws of the State of California that the foregoing _ Notary Public-California = paragraph is true and correct. sue- Orange County Commission.1 2ct 2$ 4 WITNESS my hand and official seal. My Comm.Expires Oct 28.2027 Signat e Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL — — Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer— Title(s): 0 Corporate Officer— Title(s): ❑ Partner— 0 Limited 0 General ❑ Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator O Other: ❑ Other: Signer is Representing: Signer is Representing: 0118118014411114/11111881301141110111111 02018 National Notary Association UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the ZONE 1 RESIDENTIAL OVERLAY,(I)(we)(it)will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700,as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. R.J. NOBLE COMPANY Contractor X By. JACOB BREEDLOVE,SECRETARY Title Date: 01/09/2024 c-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes CO No If the answer is yes,explain the circumstances in the space provided. NIA Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. R.J. NOBLE COMPANY Contractor X By JACOB BREEDLOVE,SECRETARY Title Date: 01/09/2024 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: R.J.NOBLE COMPANY Bidder Name 15505 E.LINCOLN AVE. Business Address ORANGE, CA 92865 City, State Zip ( 7I4 ) 637-1550 jacobbreedlove@rjnoblecompany.com Telephone Number Email Address 782908 CLASS A&C-12 State Contractor's License No.and Class 08/2000 Original Date Issued 08/31/2024 Expiration Date �,,,� The work site was inspected bbfA4C1 . pY I'�r of our office on 0110 5- ,2024 The following are persons,firms, and corporations having a principal interest in this proposal: R.I.NOBLE COMPANY A CALIFORNA CORPORATION AUSTIN M.CARVER,PRESIDENT KASONDRA C. GONZALEZ,VICE PRESIDENT STEVEN L. MENDXOZA,VICE PRESIDENT JACOB BREEDLOVE,SECRETARY JAMES N.DUCOTE,C.F.O. The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. R.J. NOBLE COMPANY Company Name Signature/of Bi JACOB BREEDLOVE,SECRETARY Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this9T11 day of 1 \NL`=AiZ\ , 2024 . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of CALIFORNIA ) County of ORANGE ) On JANUARY 9, 2024 before me, J. DEIONGH,NOTARY PUBLIC Month,Day,and Year Insert Name and Title of Notary personally appeared JACOB BREEDLOVE Name(X)of Signer(t who proved to me on the basis of satisfactory evidence to be the person(.) whose name() is/a{gt subscribed to the within instrument and acknowledged to me that hekbeilxs executed the same in his/kiskitt r authorized capacity(] 'i),and that by his/MICEVelt signatures on the instrument the persona°,or the entity upon behalf of which the person(li)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. icNH Nota Gubloeic � -CeiHornia Orange County Commission f 2468114 My Comm.Expires Oct 28.2027 Signature X ► Si. ture of Notary Public (PLACE NOTARY SEAL ABOVE) J. DEI i GH C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Overlay Project of multiple residential streets."}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. CITY OF SAN JUAN CAPISTRANO 2121 ALTON,STE 200, IRVINE,CA 92606 Name and Address of Public Agency Name and Telephone No. of Project Manager: EJ SAUCED() 949-419-8113 $8,377,888.32 PAVEMENT REHABILITATION 09/2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: CONSTRUCTION SURVEY,TRAFFIC CONTROL.SIGNAGE&STRIPING; 2. CITY OF GARDEN GROVE 13802 NEWHOPE ST.,GARDEN GROVE CA 92843 Name and Address of Public Agency Name and Telephone No. of Project Manager: NICK HSIEH 714-741-5190 $5,115,253.71 VARIOUS STREET REHABILITAITON 07/2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: TRAFFIC CONTROL,ADJUST UTILITIES,SIGNAGE&STRIPING. 3. CITY OF PICO RIVERA 6615 PASSONS BLVD.,PICO RIVED CA 90660 Name and Address of Public Agency Name and Telephone No.of Project Manager: GERALD MONTGOMERY 562-801-4150 $8,815,145.00 PAVEMENT REHABILITATION 04/2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: PAVEMENT REHABILITATION OVERLAY &RECONSTRIITIOM .TRAFFIC ci IRVERY TRAFFIC LOOPS,ELECTRICAL C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager,and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1, RYAN OVERMAN Name of proposed Project Manager Telephone No. of proposed Project Manager: 714-637-1550 CITY OF LAKEWOOD $4.7 MILLION STREET REHABILITATION 03/2023 Project Name& Contract Amount Type of Work Date Completed CITY OF GARDEN GROVE $4.9 MILLION STREET IMPROVEMENTS 03/2022 Project Name&Contract Amount Type of Work Date Completed CITY OF LA MIRADA $7.9 MILLION STREET REHABILITATION 03/2021 Project Name& Contract Amount Type of Work Date Completed 2. WILLIAM WRIGHT, SUPERINTENDENT Name of proposed Superintendent Telephone No.of proposed Superintendent: 714-637-1550 CITY OF TUS'I IN$1.5 MILLION PAVEMENTREHABILITATION 03r202; Project Name& Contract Amount Type of Work Date Completed CITY OF LA $11.9 MILLION STREET 1MPROVMENTS 03/2022 Project Name&Contract Amount Type of Work Date Completed CITY OF ALISO VIEJO $1.01 MILLION PAVEMENT REHABILITATION 05 2021 Project Name&Contract Amount Type of Work Date Completed c-I I CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July I through June 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link—Call (844)522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiIing.dir.ca.gov/P WCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with D1R as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. R.J. NOBLE COMPANY Contractor X By JACOBBREEDLOVE@RJNOBLECOMPANY.COM Email JACOB BREEDLOVE,SECRETARY Title Date: 01/09/2024 PWC Registration#: 1000004235 C-12 Executed in Duplicate Bond No.30206367 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS City of Huntington Beach(hereafter referred to as"City")has,by written agreement dated Feb... 2b ,202 .entered into a contract with R.J.NOBLE COMPANY 15505 E.LINCOLN AVE.,ORANGE,CA 92865 (name and address of Contractor) • (hereinafter referred to as"Principal"),for performance of the work described as follows: ZONE 1 RESIDENTIAL OVERLAY PROJECT#CC-1743 • (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt,full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California(hereinafter referred to as"Surety");and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best,Moody's,or Standard&Poor's,to validate that Surety has positive ratings of being secure or Stable;and Surety is registered and listed with the California Department of Insurance, NOW,THEREFORE,we,the undersigned,as Principal,and Western Surety Company,2 Park Plaza,Suite 400,Irvine,CA 92614 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of four million forty four thousand nine hundred and 00/00 — --- — Dollars ($ 4,044,900.00 ),this amount being not less than one hundred percent of the price set forth in the Contract,in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly,fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time;and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as"Obligees")fromany and all losses,liability and damages, claims,judgments,stop notices,fees and costs of every description,whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract,including all alterations,amendments and modifications thereto,and any warranties or guarantees required thereunder,then this obligation shall be void;otherwise,it shall be and shall remain in full force and effect. • Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration,change,deletion,addition or other modification to the Contract,or the work to be performed thereunder,shall in any way affect,limit,restrict,impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price,and any other alteration,change, deletion,addition or other modification to the Contract,or the work to be performed thereunder,and agrees 15-4584/117174 Bond No. 30206397 to automatically adjust the penal sum of this Bond to reflect such adjustments,alterations,changes, deletions,additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to • all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: February 12,2024 ATTEST R.J.NOBLE COMPANY (Corporate Seal) (Pr' cipal e) By:X Name:TacnR Title: SECRET ATTEST Western Surety Company (Corporate Seal) e) By: N andi,Attorney-in-fact (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) (9451 399-4970 (Area Code&Telephone Number for Surety) APPROVED AS T • By: ichael E.Gates,City y '� Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. PERFORMANCE BOND Page 2 of 2 15-4584/117174 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of ORAN(;F 02/13/2024 J.DEIONGH,NOTARY PUBLIC On before me, Date Here Insert Name and Title of the Officer personally appeared JACOB BREEDLOVE 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/fey executed the same in his./11E h r authorized capacity(ies),and that by his/her-Abair 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 5��>y J.DEIONGH paragraph is true and correct. Notary Public-California tee c Orange County WITNESS my hand and official seal. �? Commission#2468114 -woo My Comm,Expires Oct 28,2027 Signature Place Notary Seal and/or Stamp Above ignature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer-Title(s): 0 Corporate Officer-Title(s): ❑ Partner- 0 Limited 0 General 0 Partner- 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact O Trustee ❑ Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: - . . . . . . . . . . . . .:. . 111311ii8881fl88E118888 ©2018 National Notary Association ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Bernardino } On E G /z 2d 2)1 before me, Tina Downey, Notary Public , (Here insert name and title of the officer) personally appeared James Scott Salandi , who proved to me on the basis of satisfactory evidence to be the person( whose names} 'share subscribed to the within instrument and acknowledged to me that gi e she/they executed the same i ( ' her/their authorized capacity(ie4, and that by her/their signatures on the instrument the persorrtr4, 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. 51�y TINA DOWNEY • �`.•' Notary Public-California • WITNESS my hand and official seal. -�,f Z y _ San Bemareino County : Commission;2383319 �,.��� My Comm.Expires Nov 21,2025 I 0 '. 4, 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 ifneeded,should be completed and attached to the document.Aclorolwedgentsfrom other states may be completed for documents being sent to that state so long as the wording does not require the Cal fornia 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 signers)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/the-is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. O 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. • Signature of the notary public must match the signature on file with the office of ❑ Partner(s) the county clerk. p Attorney-in-Fact • Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document indicate title or type of attached document,number of pages and date. ❑ Other ti indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 20 i 'v'arsion vrum.tJota yCIaSSBS.Curii$00- 8rr9oo5 • Securely attach this document to the sigred document with a staple. • Executed in Duplicate Bond No.30206397 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City")has awarded to R.J.NOBLE COMPANY,15505 E.LINCOLN AVE.,ORANGE,CA 92865 (name and address of Contractor) (hereinafter referred to as"Principal"),a contract("Contract")for the work described as follows: ZONE 1 RESIDENTIAL OVERLAY PROJECT#CC-1743 (Project Tale) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety");and Surety Fs certified and listed in the U.S. Department of the Treasury Circular 570,and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract:and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best, Moody's or Standard&Poor's,to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE,we,the undersigned Principal and Western Surety Company,2 Park Plaza,Suite 400,Irvine,CA 92614 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of four million forty four thousand nine hundred and 00/00 — ------------------------- dollars($ 4.044900 no ),this amount being not less than one hundred percent(100%)of the total price set forth in the Contract,in lawful money of the United States of America,for the payment of which sum,well and truly to be made,we bind ourselves,and each of our heirs, executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the Principal,his,her,or its heirs,executors, administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code("Claimants")for all labor,materials or services used or reasonably required for use in performance of the work described in the Contract,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant,or prevailing wages due and penalties incurred pursuant to Sections 1774,1775,1813 or 1815 of the Labor Code,or any amounts required to be deducted,withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract,Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attomey's fee in an amount fixed by the court. PAYMENT BOND Page 1 of 2 15-4584/117357 Surety stipulates and agrees,for value received,that no change,extension of time,alteration, addition or modification to the terms of the Contract,or any contract document or any work to be performed thereunder,whether made after notice or not,shall in any way affect,impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, extension of time,alteration,addition,or modification to the terms of the Contract,the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code§§ 2845 and 2849. IN WITNESS WHEREOF,each party represents and warrants that this instrument has.been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: February 12,2024 • • ATTEST RJ.NOBLE COMPANY • (Corporate Seal) (P r ..pal - e) • By: x A r_ Name: AC,33A VE Title: SECRET• • ATTEST Western Surety Company (Corporate Seal) me - • By: N s cott Salandi,Attorney-in-fact (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) (941 399-4970 (Area Code&Telephone Number for Surety) APPROVED AS TO By: - Mi el E.Gates,City omey Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. PAYMENT BOND Page 2 of 2 15-4584/117357 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§1189 silanimensei INE ___ lEiminBeeseemi 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 QRANGF j} On 02/13/2024 before me, J.DEIONGH,NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared JACOB BREEDLOVE 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/ebeArhey executed the same in hisfbef/thcir authorized capacity(ies),and that by hisThesitheic 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 4yE'.°i rf J.DEIONGH laws of the State of California that the foregoing a ~:; Notary Public•California I paragraph is true and correct. Orange County F. ° Commission tt 2468114 • ', My Comm.Expires Oct 28,2027 F. WITNESS my hand and official seal. Signaturea_ Place Notary Seal and/or Stomp Above " Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited ❑ General 0 Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: -- " , " " _ liiiMOINIIIIMHEMBEINIMEMBEIBMIMMONIMBIBMOMINNIMON ©2018 National Notary Association ALL- PURPOSE • CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy, or validity of that document. State of California } County of San Bernardino } On �,l /2- 20� before me, Tina Downey, Notary Public , 0 i (Here insert name end tide of the officers personally appeared James Scott Salandi who proved to me on the basis of satisfactory evidence to be the person(whose named is re subscribed to the within instrument and acknowledged to me that ge she/they executed the same in hi her/their authorized capacity(i(, and that by i her/their signatureon the ins rument the person, or the entity upon behalf of which the personr; 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. -•1N-`rt TINADOWNEY , Notary Public-California zOs. San Bernardino County t ! Commission 4 2383319 - / 0 -^•�1 i... My Comm.Expires Nov 21,2025 \ ub Ic slgnature�ry (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.Aclorolwedgentsfrom 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 Slate 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 (Idle 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. h&sbeltheyr is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of •❑ Partner(S) • the county clerk. p Attorney-in-Fact + Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. +.• Indicate title or type of attached document,number of pages and date. ❑ Other Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2uro r Version 4dww.IJOfeiyGasaZSAuiTi SGO-i f 93uo 05 • Securely attach this document to the signed document with a staple. ' Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint James Scott Salandi,David Jacobson,Individually of Irvine,CA,its true and lawful Attomy(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By-Laws and Resolutions printed at the bottom of this page,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 30th day of January,2024. T►- WESTERN SURETY COMPANY ecLs lasssu Larry Kasten,Vice President State of South Dakota ss County of Minnehaha On this 30th day of January,2024,before me personally came Larry Kasten,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires M.BENT KURT March 2,2026 Zr an DAIOfAPUBUC aFA• a. • 641frd° M Bent,Notary Public CERTIFICATE I,Paula Kolsrud,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law and Resolutions of the corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal a the said corporation this/Z.0,day of, ems 1:1-. 1 WESTERN SURETY COMPANY F. o�PO�r is.41 GILI& 0 1A =sai 3*.SE Ay. poinr Paula Kolsrud,Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds,policies,undertakings,Powers of Attorney,or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,and Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal maybe printed by facsimile. This Power of Attorney is signed by Larry Kasten,Vice President,who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company. This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th day of April,2022: "RESOLVED:That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal,each to be considered the act and deed of the Company." Go to www.cnasuretv.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Form F4280-6-2023 " ® DATE(MM1DDlYYYYJ Act n CERTIFICATE OF LIABILITY INSURANCE 1/19/2024 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 Annette Romero • Patriot Risk&Insurance Services PHONE FAX 18952 MacArthur Blvd.,Suite#300 (A/C.No.EXtl; 949-486-7904 (Arc,No): Irvine, CA 92612 ADDRESS: aromeror7o,patrisk.com INSURER(S)AFFORDING COVERAGE NAIC N www.patrisk.com OK07568 INSURER A: Travelers Property Casualty Company of America 25674 INSURED INSURER S: R.J.Noble Company, Inc. INSURERC: 15505 Lincoln Avenue P.O.Box 620 INSURER D: Orange CA 92856-9020 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 78283631 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AbDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSD VD POLICY NUMBER IMMIDDNYYY) IMM/DDNYYYI A ,/ COMMERCIAL GENERAL LIABILITY ,/ ,/ VTJ-EXGL-9F338142-TIL-23 7/1/2023 7/1/2024 EACH OCCURRENCE $1,000,000 DAMAGE RENTED CLAIMS-MADE ✓ OCCUR P EM SESO(Ea occur ante) $1,000,000 MED EXP(Any one person) $5,000 ✓ Contractual Liability PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ✓ rJ C-. Lee PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: $ A AuroMoeILELIABILITY ✓ ✓ VTC2E-CAP-9F338154-TCT-23 7/1/2023 7/1/2024 (EaaBddeD1SINGLELIMIT $2,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS AUTOS ONLY BODILY INJURY(Per accident) $ — HIRED NO SWNEO PROPERTY DAMAGE $ ✓AUTOS ONLY ✓ AUTOS ONLY (Per accident) $ A UMBRELLALIAB �,/ OCCUR ✓ ✓ CUP6W88717A2325 7/1/2023 7/1/2024 EACH OCCURRENCE S10,000,000 V EXCESS LIAB CLAIMS-MADE Policy Follows Form Over AGGREGATE $10,000,000 Underlying General Liab. DEB RETENTIONS $ A WORKERS COMPENSATION ,/ UB-7N939386-22-25K 7/1/2023 7/1/2024 ✓ PEATUTE OTH- ER AND EMPLOYERS'LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE YIN E.L.EACH ACCIDENT $1,000,000 oFFIC(Mandatory N atory In NH) aRIMEM NIA EREXCLUDED7 NE.L.DISEASE-EA EMPLOYEE $1.000.000 (Mand If yes,describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:RJN#91908/Zone 1 Overlay project CC-1743 City of Huntington Beach,its officers,elected or appointed officials employees,agents and volunteers are named as Additional Insured, coverage includes and Primary&Non-Contributory as respects to General Liability and Auto Liability per endorsemegnt,,t�(j��aa��(ht� .feat�ug� by written contract.Waiver of subrogation applies to GL,Auto and WC.'GL Ded$25,000/Auto Ded$2,500/WC D@cf'$OiW}fg '0 'Excess/Umbrella Liability follows form.`30 days notice of cancellation,10 days for non-payment of premium. V PyMICHAEL E,GATES , CERTIFICATE HOLDER CANCELLATION CITY ATTORNEY CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE / } , I Dave Jacobson U ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 78283631 1 23/24 - G1/AU/EXC/WC 1 Annette Romero 1 1/19/2024 11:53:39 AN (PST) I Page 1 of 12 R.J.Noble Company,Inc. COMMERCIAL GENERAL LIABILITY POLICY NUMBER VTJ-EXGL-9F338142-TIL-23 ISSUE DATE:1/19/2024 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 Names of Additional Insured Person(s) or Organization(s): City of Huntington Beach,Its officers,elected or appointed officials employees,agents and volunteers Location of Covered Operations: (Information required to complete this Schedule,if not shown above,will be shown in the Declarations,) A. Section II —Who Is An Insured is amended to In- This insurance does not apply to "bodily injury" or dude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury","property committed,after: damage", "personal injury" or "advertising injury" 1. All work, including materials, parts or equip- caused, in whole or in part,by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s)at the loca- tion of the covered operations has been corn- in the performance of your ongoing operations for pleted; or the additional insured(s) at the location(s) desig- 2 That portion of "your work" out of which the nated above. injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St, Paul Travelers Companies, Inc.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. 78283631 123/24 - GL/AU/EXC/WC I Annette Romero 11/19/2024 11:53:39 AM (PM I Page 2 of 12 R.J.Noble Company,Inc. COMMERCIAL GENERAL LIABILITY POLICY NUMBER:vTJ-EXGL-9F338142-TIL-23 ISSUE DATE:1/19/E024— THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): City of Huntington Beach,its officers,elected or appointed officials employees,agents and volunteers Location And Description Of Completed Operations Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to in- location designated and described in the schedule of dude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for"bodily injury" or"property dam- Lions hazard". age" caused, in whole or in part, by"your work"at the CG 20 37 07 04 Co ISO Properties, Inc.,2004 Page 1 of 1 78283631 123/24 - GL/Au/EXC/4JC I Annette Romero 11/19/2024 11:53:39 AM (PST) I Page 3 of 12 R.J.Noble Company,Inc, COMMERCIAL GENERAL LIABILITY POLICY NUMBER:VTJ-EXGL-9F338142-TIL-23 ISSUE DATE: 1/19/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION - DESIGNATED ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE OF DESIGNATED ADDITIONAL INSUREDS City of Huntington Beach,its officers,elected or appointed officials employees,agents and volunteers PROVISIONS the Schedule Of Designated Additional Insureds The following is added to the Other Insurance provided that: Condition and supersedes any provision to the (1) The additional insured is a Named Insured under contrary: such other insurance;and Primary And Noncontributory Insurance (2) You have agreed in writing in a contract or This insurance is primary to and will not seek agreement that this insurance would be primary contribution from any other insurance available to an and would not seek contribution from any other additional insured under your policy that is shown in insurance available to the additional insured. CG D8 84 04 20 ©2020 The Travelers Indemnity Company.All rights reserved, Page 1 of 1 includes copyrighted material of Insurance Services Office,Inc.,with its permission. 78283631 123/24 - GL/AU/EXC/WC I Annette Romero 11/19/2024 11:53:39 All (PST) I Page 4 of 12 VTJ-EXGL-9F33S142-TIL-23 R.J.Noble Company,Inc. COMMERCIAL GENERAL LIABILITY. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage.However,coverage for any injury,damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights,duties, and what is and Is not covered. A. Who Is An Insured—Unnamed Subsidiaries C. Incidental Medical Malpractice B. Blanket Additional Insured — Governmental D. Blanket Waiver Of Subrogation Entities — Permits Or Authorizations Relating To E. Contractual Liability—Railroads Operations F. Damage To Premises Rented To You PROVISIONS a. An organization other than a partnership,joint A. WHO 1S AN INSURED — UNNAMED venture or limited liability company;or SUBSIDIARIES b. A trust; The following Is added to SECTION II—WHO IS as Indicated In its name or the documents that AN INSURED: govern its structure. Any of your subsidiaries,other than a partnership, B. BLANKET ADDITIONAL INSURED — joint venture or limited liability company, that is GOVERNMENTAL ENTITIES — PERMITS OR not shown as a Named Insured in the AUTHORIZATIONS RELATING TO OPERATIONS Declarations is a Named insured if: a. You are the sole owner of, or maintain an The following is added to SECTION II—WHO IS AN INSURED: ownership Interest of more than 50%in, such subsidiary on the first day of the policy period; Any governmental entity that has issued a permit and or authorization with respect to operations b. Such subsidiary is not an insured under performed by you or on your behalf and that you similar other insurance. are required by any ordinance, law, building code or written contract or agreement to include as an No such subsidiary is an Insured for"bodily injury" additional Insured on this Coverage Part Is an or"property damage" that occurred, or"personal insured,but only with respect to liability for"bodily and advertising injury" caused by an offense injury", "property damage" or "personal and committed: advertising injury"arising out of such operations. a. Before you maintained an ownership Interest The insurance provided to such governmental of more than 50%in such subsidiary;or entity does not apply to; b. After the date, if any,during the policy period a. Any "bodily Injury", "property damage" or that you no longer maintain an ownership "personal and advertising Injury"arising out of Interest of more than 50%in such subsidiary. operations performed for the governmental For purposes of Paragraph 1.of Section II—Who entity;or Is An Insured, each such subsidiary will be b. Any "bodily injury" or "property damage" deemed to be designated In the Declarations as: included in the "products-completed operations hazard". CG D3 16 0219 ®2017 The Travelers Indemnity Company.All rights reserved, Page 1 of 3 Includes copyrighted materiel of Insurance Services Office,inc„with Its permission. 78283631 123/24 - GL/AU/EXC/PLC I Annette Romero 11/19/2024 11:53:39 All (PST) 1 Page 5 of 12 • COMMERCIAL GENERAL LIABILITY • C. INCIDENTAL MEDICAL MALPRACTICE pharmaceuticals committed by, or with the 1. The following replaces Paragraph b. of the knowledge or consent of,the insured. definition of "occurrence" in the 5. The following is added to the DEFINITIONS DEFINITIONS Section: Section: b. An act or omission committed in providing "incidental medical services"means: or failing to provide "Incidental medical a. Medical,surgical,dental,laboratory,x-ray services", first aid or "Good Samaritan or nursing service or treatment, advice or services" to a person, unless you are In instruction, or the related furnishing of the business or occupation of providing professional health care services. food or beverages;or 2. The following replaces the last paragraph of b. The furnishing or dispensing of drugs or Paragraph 2.a.(1) of SECTION II — WHO IS medical, dental, or surgical supplies or AN INSURED: appliances. Unless you are in the business or occupation 6, The following Is added to Paragraph 4.b., of providing professional health care services, Excess insurance, of SECTION IV — Paragraphs (1)(a), (b), (c) and (d) above do COMMERCIAL GENERAL LIABILITY not apply to "bodily injury" arising out of CONDITIONS: providing or falling to provide: This insurance is excess aver any valid and (a) "Incidental medical services" by any of collectible other insurance, whether primary, your "employees" who is a nurse, nurse excess,contingent or on any other basis,that assistant, emergency medical technician is available to any of your "employees" for or paramedic;or "bodily injury" that arises out of providing or (b) First aid or"Good Samaritan services" by failing to provide"Incidental medical services" any of your "employees" or "volunteer to any person to the extent not subject to workers", other than an employed or Paragraph 2.a.(1) of Section II — Who Is An volunteer doctor. Any such "employees" Insured. or"volunteer workers" providing or failing D. BLANKET WAIVER OF SUBROGATION to provide first aid or "Good Samaritan services" during their work hours for you The following Is added to Paragraph 8., Transfer will be deemed to be acting within the Of Rights Of Recovery Against Others To Us, scope of their employment by you or of SECTION IV — COMMERCIAL GENERAL performing duties related to the conduct LIABILITY CONDITIONS: of your business. If the Insured has agreed In a contract or 3. The following replaces the last sentence of agreement to waive that insured's right of Paragraph 6. of SECTION III — LIMITS OF recovery against any person or organization, we INSURANCE: waive our right of recovery against such person or For the purposes of determining the organization, but only for payments we make applicable Each Occurrence Limit, all related because of: acts or omissions committed in providing or a, "Bodily injury" or "property damage" that failing to provide "Incidental medical occurs;or services", first aid or "Good Samaritan services"to any one person will be deemed to b. "Personal and advertising injury" caused by be one"occurrence". an offense that is committed; . 4. The following exclusion is added to subsequent to the execution of the contract or Paragraph 2., Exclusions, of SECTION I — agreement. COVERAGES — COVERAGE A — BODILY E. CONTRACTUAL LIABILITY—RAILROADS INJURY AND PROPERTY DAMAGE LIABILITY: 1. The following replaces Paragraph c. of the Sale Of Pharmaceuticals definition of "Insured contract" In the 'Bodily injury' or "property damage" arising DEFINITIONS Section: out of the violation of a penal statute or c. Any easement or license agreement; ordinance relating to the sale of Page 2 of 3 ®2017 The Travelers Indemnity Company.All rights reserved, CG D316 0219 Includes copyrighted material or Insurance Services Office,Inc.,with its permission. 78283631 123/24 - GL/AU/SXC/V:C I Annette Romero 11/19/2024 11:53:39 Ai{ (PST) I Page 6 of 12 COMMERCIAL GENERAL LIABILITY 2. Paragraph f.(1) of the definition of "Insured a. Any premises while rented to you or contract" In the DEFINITIONS Section is temporarily occupied by you with permission deleted. of the owner;or F. DAMAGE TO PREMISES RENTED TO YOU b. The contents of any premises while such The following replaces the definition of"premises premises Is rented to you, if you rent such damage"In the DEFINITIONS Section: premises for a period of seven or fewer "Premises damage"means"property damage"to: consecutive days, • • CG D3 16 0219 ®2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. 78283631 123/24 — G6/AU/fXC/1C I Annette Romero 11/19/2024 11:53:39 Ni (PST) I Page 7 of 12 VTC2 E-CAP-9 F338154-TCT-23 R.J.Noble Company,Inc. COMMERCIAL AUTO THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury,damage or medical expenses described In any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights,duties,and what is and Is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION C. EMPLOYEE HIRED AUTO EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL EFFECTS E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE LOSS COVERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G.WAIVER OF DEDUCTIBLE GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED as an additional insured for Liability Coverage, The following is added to Paragraph A.1.,Who Is but only for damages to which this insurance An Insured, of SECTION II — LIABILITY applies and only to the extent of that person's or COVERAGE: organization's liability for the conduct of another "Insured". Any organization you newly acquire or form C. EMPLOYEE HIRED AUTO during the policy period over which you maintain 50% or more ownership Interest and that is not 1. The following is added to Paragraph A.1., separately Insured for Business Auto Coverage, Who Is An Insured, of SECTION II — Coverage under this provision is afforded only LIABILITY COVERAGE: until the 180th day after you acquire or form the An"employee" of yours is an "insured while organization or the end of the policy period, operating an "auto" hired or rented under a whichever is earlier. contract or agreement In that "employee's" B. BLANKET ADDITIONAL INSURED name,with your permission, while performing The following is added to Paragraph c. in A.1., duties related to the conduct of your Who Is An Insured, of SECTION II— LIABILITY business. COVERAGE: 2. The following replaces Paragraph b. in B.5„ This includes any person or organization who you Other Insurance, of SECTION IV — are required under a written contract or BUSINESS AUTO CONDITIONS: agreement between you and that person or b. For Hirer! Auto Physical Damage organization, that Is signed by you before the Coverage,the following are deemed to be "bodily injury" or "property damage" occurs and covered"autos"you own: that is in effect during the policy period, to name CA T3 53 0817 612016 The Travelers indemnity company.Ail rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with Its permission 78283631 123/24 — GL/AU/EXC/WC 1 Annette Romero 11/19/2024 11:53:39 AM (PST) I Page 8 of 12 COMMERCIAL AUTO (1) Any covered "auto" you lease, hire, " liability company) or members of their rent or borrow;and households. (2) Any covered"auto"hired or rented by (1) With respect to any claim made or"suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while of the United States of America, Puerto performing duties related to the Rico and Canada: conduct of your business. (a) You must arrange to defend the However, any"auto"that is leased,hired, "insured" against, and investigate or rented or borrowed with a driver is not a settle any such claim or "suit" and covered"auto". keep us advised of all proceedings D. EMPLOYEES AS INSURED and actions, The following is added to Paragraph A.1.,Who Is (b) Neither you nor any other involved An Insured, of SECTION II — LIABILITY "insured" will make any settlement COVERAGE: without our consent. Any "employee" of yours is an "insured" while (c) We may, at our discretion, participate using a covered "auto" you don't own, hire or in defending the"Insured"against, or borrow In your business or your personal affairs, in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED owe,. LIMITS (d) We will reimburse the"Insured": 1. The following replaces Paragraph A.2.a.(2), (i) For sums that the "Insured" of SECTION Ii—LIABILITY COVERAGE: legally must pay as damages because of "bodily injury" or (2) Up to $3,000 for cost of bail bonds "property damage" to which this (Including bonds for related traffic law Insurance applies, that the violations) required because of an "insured" pays with our consent, "accident" we cover. We do not have to but only up to the limit described furnish these bonds. in Paragraph C., Limit Of 2. The following replaces Paragraph A.2.a.(4), Insurance, of SECTION II — of SECTION II—LIABILITY COVERAGE: LIABILITY COVERAGE; (4) Ail reasonable expenses incurred by the (ii) For the reasonable expenses "insured" at our request, including actual incurred with our consent for your loss of earnings up to $300 a day Investigation of such claims and because of time off from work. your defense of the "insured" F. HIRED AUTO — LiMITED WORLDWIDE against any such "suit", but only COVERAGE—INDEMNITY BASIS up to and Included within the limit The following replaces Subparagraph e. in described in Paragraph C., Limit Paragraph B.T., Policy Tenn, Coverage Of Insurance, of SECTION 11 — . Territory, of SECTION IV — BUSINESS AUTO LIABILITY COVERAGE, and not CONDITIONS: in addition to such limit. Our duty e. Anywhere in the world, except any country or to make such payments ends ' Jurisdiction while any trade sanction, when we have used up the embargo,or similar regulation imposed by the applicable limit of insurance In United States of America applies to and payments for damages, prohibits the transaction of business with or settlements or defense expenses. within such country or Jurisdiction,for Liability (2) This insurance is excess over any valid Coverage for any covered "auto" that you and collectible other insurance available lease, hire, rent or borrow without a driver for to the "insured" whether primary, excess a period of 30 days or less and that is not an contingent or on any other basis. "auto" you lease, hire, rent or borrow from (3) This insurance Is not a substitute for any of your"employees", partners(if you are required or compulsory insurance in any a partnership), members (if you are a limited country outside the United States, its Page 2 of 4 ©2016 The Travelers indemnity Company.AS rights reserved. CA T3 63 08 17 Includes copyrighted material or Insurance services Office,tno.with Its permission 18283631 123/24 - GL/AV/EXC/WC I Annette Romero 11/19/2024 11:53:39 AM (PST) I Page 9 of 12 COMMERCIAL AUTO territories and possessions, Puerto Rico Personal Effects and Canada. We will pay up to $400 for "loss" to wearing You agree to maintain all required or apparel and other personal effects which are: compulsory insurance in any such (1) Owned by an"Insured";and country up to the minimum limits required by local law. Your failure to comply with (2) In or on your covered"auto", compulsory insurance requirements will This coverage applies only in the event of a total not invalidate the coverage afforded by theft of your covered"auto", this policy,but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory insurance requirements. K. AIRBAGS (4) It is understood that we are not an The following is added to Paragraph B.3., admitted or authorized insurer outside the Exclusions, of SECTION IIi — PHYSICAL United States of America, its territories DAMAGE COVERAGE: and possessions, Puerto Rico and Exclusion 3.a. does not apply to "loss" to one or Canada.We assume no responsibility for more airbags In a covered "auto" you own that the furnishing of certificates of insurance, inflate due to a cause other than a cause of"loss" or for compliance in any way with the set forth in Paragraphs A.1.b. and A.1.c., but laws of other countries relating to only: insurance. G. WAIVER OF DEDUCTIBLE--GLASS a. if that "auto" is a covered "auto" for Comprehensive Coverage under this policy; The following is added to Paragraph D., b. The airbags are not covered under any Deductible, of SECTION IIi — PHYSICAL warranty;and DAMAGE COVERAGE: No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage if the glass Is repaired rather than We will pay up to a maximum of $1,000 for any replaced. one"loss", H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of The following is added to Paragraph A.2.a., of Paragraph A.4.b., Loss Of Use Expenses, of SECTION IV—BUSINESS AUTO CONDITIONS: SECTION III — PHYSICAL DAMAGE Your duty to give us or our authorized COVERAGE: representative prompt notice of the "accident" or However, the most we will pay for any expenses "loss" applies only when the"accident"or"loss"is for loss of use is $85 per day, to a maximum of known to: • $750 for any one"accident". (a) You(if you are an individual); I. PHYSICAL DAMAGE — TRANSPORTATION (b) A partner(if you are a partnership); EXPENSES—INCREASED LIMIT (c) A member (if you are a limited liability The following replaces the first sentence in company); Paragraph A.4.a., Transportation Expenses, of (d) An executive officer, director or insurance SECTION III — PHYSICAL DAMAGE manager (if you are a corporation or other COVERAGE: organization);or We will pay up to $50 per day to a maximum of (e) Any "employee" authorized by you to give $1,500 for temporary transportation expense notice of the"accident"or"loss". Incurred by you because of the total theft of a covered"auto"of the private passenger type. M. BLANKET WAIVER OF SUBROGATION J. PERSONAL EFFECTS The following replaces Paragraph A.5., Transfer The following is added to Paragraph A.4., Of Rights Of Recovery Against Others To.Us, oCoverage Extensions, of SECTION III — CONDITIONS:SECTION IV BUSINESS AUTO PHYSICAL DAMAGE COVERAGE: CA T3 83 08 17 60 2016 The Travelers Indemnity Company,All rights reserved, Page 3 of 4 includes copyrighted material of Insurance services Office,Inc.with Its permission 70203631 123/24 -WAS/SRC/WC I Annette Romero 11/19/2024 11:53:39 AM (PST) I Page 10 of 12 . j COMMERCIAL AUTO 6. Transfer Of Rights Of Recovery Against N. UNINTENTIONAL ERRORS OR OMISSIONS Others To Us The following is added to Paragraph B,2„ We waive any right of recovery we may have Concealment, Misrepresentation, Or Fraud, of against any person or organization to the SECTION IV—BUSINESS AUTO CONDITIONS: extent required of you by a written contract The unintentional omission of, or unintentional signed and executed prior to arty "accident" error in, any information given by you shall not or"loss",provided that the"accident"or"loss" prejudice your rights under this insurance. arises out of operations contemplated by However this provision does not affect our right to such contract,The waiver applies only to the collect additional premium or exercise our right of person or organization designated in such cancellation or non-renewal, contract, Page 4 of 4 ®2018 TM Travelers Indemnity company,All rights reserved. CA T3 53 0817 Includes copyrighted material of Insurance Services Office,Inc.with Its permission 78283631 123/24 - Gr./AU/F.XC/RTC I Annette Romero 1 1/19/2024 11:53:39 MI (PST) 1 Page 11 of 12 TRAVELERS J WORKERS COMPENSATION ONE TONER SQUARE AND HARTFORD/ CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-01 POLICY NUMBER: UB-7N939386-22-25K WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: City of Huntington Beach,its officers,elected or appointed officials employees,agents and volunteers DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 1/1912024 ST ASSIGN: 78283631 123/24 - GL/AU/P2C/WC 1 Annette Romero 11/19/2024 11:53:39 AU (PST) I Page 12 of 12 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: � g 2y SUBJECT: Bond Acceptance I have received the bonds for 12.T N u r J r v i (Compan Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. ,302 OLt 3L07- Payment Bond (Labor and Materials) Bond No. 3 0 27L23Gi 4- 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 2 IZD/2L1 (Council Approval Date) CC No. AgenDiteNo. MSC No. City Clerk Vault No. ' • SO Other No. SIRE System ID No. 1055I 505 g/fomis/bond transmittal to treasurer Western Surety BID BOND (Percentage) Bond Number: N/A KNOW ALL PERSONS BY THESE PRESENTS,That we R.J. NOBLE COMPANY of Orange, California , hereinafter referred to as the Principal,and Western Surety Company as Surety,are held and firmly bound unto City of Huntington Beach p hereinafter referred to as the Obligee, in the sum of A..,,-624,1-,65"01 ( 10 %)percent of the greatest amount bid,for the payment of which we bind ourselves,our legal representatives, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Zone 1 Residential Overlay CC#1743 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the,bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void;otherwise to remain in full force and effect. SIGNED,SEALED AND DATED this 26th day of December 2023 R. J. NOBLE COMPANY (Principal) By X (Seal) STEVEN . ME ZA, VICE PRESIDENT Western Surety Com•an urety) By ���� (Seal) �,Jo. Gott Sa,- di Attorney-in-Fact • Form F5876 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 OHEIBMICONICOMMENROOKIIMEIREMENOSSEPRISMSEN N311 Ro 111138lt•aMa 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 ()RANGE On 12/28/2023 before me, J.DEIONGH,NOTARY PUBLIC Date Here Insert Name and Title of the Officer STEVEN L.MENDOZA personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/„emieii 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 1.DEIONGH laws of the State of California that the foregoing righla"..jhwahildhaamaSegal.. , paragraph is true and correct. �ry public•CalHorma Orange County Commission p 246821184 017 WITNESS my hand and official seal. ExpireS OctSignature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: • Signer(s) Other Than Named Above:; Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General l' 0 Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact o Trustee O Guardian o`Conservator ❑ Trustee ❑ Guardian or Conservator 0 Other: 0 Other: - Signer is Representing: Signer is Representing: • r8i8888 8t18888 ©2018 National Notary Association ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } • County of San Bernardino } On 6cear/4 2#( 291-3 before me, Tina Downey, NoHem tary P name ublic , of the officer) personally appeared James Scott Salandi , who proved to me on the basis of satisfactory evidence to be the person(whose name(s,} is re subscribed to the within instrument and acknowledged to me that tie she/they executed the same in hi her/their authorized capacity((, and that by iher/their signatures on the ins rument the person(, or the entity upon behalf of which the person(acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 5,,.. TINAbr. EY Notary Pubiic-California Z z - = l SanBernarcino F - ,. ommission#2'�/�/ r`'�,�,,* y Comm.Expires 42025 N•6 ublic Signa re J (Notary Public Seal) ♦ vvv • 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.Acknohvedgentsfrom other states may be completed for documents being sent to that stale so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/shettliey;is/aFe)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. s • Signature of the notary public must match the signature on file with the office of El Partner (s) the county clerk. ❑D Attorney-in-Fact r,. 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). . _._ 873 n • Securelyattach this document to the signed document with a staple. LV I:!Version IIVL IN.I'�Clldl ylriQSSC'S.C��111 UCV-OI J-7OU.) ., Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James Scott Salandi,Leonard Ziminsky,David Jacobson,Individualy of Irvine,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In.UnlimitedAmoints— and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of June,2021. WESTERN SURETY COMPANY iSw~' '� ul T.Bruflat,Vice President State-of South.Dakota.. ss County ofMinnehaha On this 24th day of June,2021,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant - to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to hire authority,and acknowledges same to be the act and deed of said corporation. My commission expires S M.BENT woowr nmac '' • March 2,2026 WZY Doeu ' ram' (311.1"t. M Bent,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this ay of _,e tt,. ,n. 2,0 23 � WESTERN SURETY COMPANY sEA01a"' g, L.Nelson,Assistant Secretary Form F4280-7-2012 Go to www.cnasuretv.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds,policies,undertakings,Powers of Attorney,or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,and Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers ofAttomey or other obligations ofthe corporation. The signature of any such officer and the corporate seal may be printed by facsimile. i he 4/0ia OB_ 1- . Company ENGINEERING CON'R LALCTORS 15505 E.LINCOLN AVENUE.1 P.O.BOX 620,ORANGE,CA 92856 (714)637-155011 TO: CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92645 ATTN: MAX OLIN vie ^r i _.,s ,s�,.r,»ca me, i3W. � s.. n. - ..a.s '.. g„� ?„ `' r �`'` t^ a .y x ,r++ .t`7' YS&4 ` '9 z.- .q - r y., ": _ Y'� 's r `, z 'C g. OFFICIAL BID SECURITY-DO NOT O EN r: -''"' s, gig.: ' max �, Y � � ;- , Project Name:ZONE 1 RESIDENTIALb.VERLAYalit, >` °" F� ,'; err' > 1.t 1 �'":, i 1!�`ors h• ` etz ,, t 1;. �„*-, • .*s *,s3 3!" "'t yv`a,L,, CC#: 1743 3 },. ''r {4 y k *?'"• S E 3 w e"rh +� .r. s ' ., 34 3 �1°"a-'a s" " +'..+,� �L{ b•'" >.'7 a-` ,"' .,,�Vr `.' .�'a ?.,� r- 'S r 1. �`� Bid Opening Date:January 9, 2024 10:00 A.M. ,� �`• ', : ;� ' � „ • �, 1 ;{ .?, a n r L �,n, b +1d$t „ ,„„$, x �.," .x, .f k,C t '* r, ;t ,-. s r• -' ,-. �{. ,,--i1.1.,.?s-, _ i"'f.`„y m✓. ..1,-.l.XJ 1" a-4s n ,r' `*• - .ice. a ,,. 7 *. 7 A ] r •7 " v'` `k*k '.3& wk " xy� .} �r"�""3« i✓' '.+,s$ "£ '4�'"=T,s..pK` .,_y f r ; Y.., .,'°.a.> p„+ v P y:bia' �,...c. _ a� ,pa ..r't-,s� �"� ,' _ �# e•.�. -- Sys ;,o; •,' ,-``•` _t. i.,_ A ��irur ,. oti� City of .--_i:untington Beach a�� 2000 Main Street ♦ Huntington Beach, CA 92648 1 6- 22 ♦ www.huntin onbeachca. ov "° _ _ _ (7 4) 53 5 7 g .o ��, Office of the City Clerk a�C %, s 'O ......... . .. NTy.+ � Robin Estanislau, City Clerk March 12, 2024 R.J. Noble Attn: Jennifer De Longh 15505 E. Lincoln Avenue Orange, CA 92865 Re: Residential Overlay of Maintenance Zone 1 —CC No. 1743 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 proiect 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. Sincerely, 44)71.4 Ro in Estanislau, CMC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister City: Anjo, Japan �NTiNGtp' 2000 Main Street, � � Huntington Beach,CA U t 92648 City of Huntington Beach APPROVED 6-0-1 (MCKEON-ABSENT) File #: 24-079 MEETING DATE: 2/20/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Max Olin, Capital Projects Administrator Subiect: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with R.J. Noble Company in the amount of $4,044,900 for the Residential Zone 1 Street Maintenance Project, CC-1743 Statement of Issue: On January 9, 2024, bids were publicly opened for the Residential Zone 1 Street Maintenance Project. City Council action is requested to award the construction contract to R.J. Noble Company, the lowest responsive and responsible bidder. Financial Impact: The total cost of the project, including contingency and supplemental expenses, is $4,774,990. Sufficient funds are available in the current fiscal year budget in the Infrastructure Fund Account 31490022.82300 ($2,536,852), Gas Tax Account 20790061.82300 ($1,988,138), Water Fund Account 50685202.82100 ($150,000) and Sewer Fund Account 51185102.82600 ($100,000). Recommended Action: A) Accept the lowest responsive and responsible bid submitted by R.J. Noble Company in the amount of $4,044,900; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, and direct staff accordingly. Analysis: This project will rehabilitate the pavement for approximately 60 residential street segments in Maintenance Zone 1, the first zone to be completed under the City's 12-year Zone Maintenance City of Huntington Beach Page 1 of 2 Printed on 2/14/2024 power LegistarTM File #: 24-079 MEETING DATE: 2/20/2024 Program. Maintenance Zone 1 is generally bound by Yorktown Avenue to the north, Magnolia Street to the east, Pacific Coast Highway to the south, and Lake Street to the west. Work will include limited localized pavement repairs, crack sealing, cold milling, striping, and an asphalt overlay. Bids for this project were publicly opened on January 9, 2024, with the following results: BIDDER'S NAME BID AMOUNT R.J. Noble Company $4,044,900.00 All American Asphalt $4,225,250.00 Excel Paving $4,397,875.00 Hardy & Harper $4,477,000.00 R.J. Noble Company has provided acceptable experience on similar projects in the past. Therefore, staff recommends awarding a contract to R.J. Noble Company in the amount of $4,774,990, which includes the construction contract of $4,044,900, a ten percent (10%) construction contingency of $404,490, supplemental expenses of $75,600 for inspection, and $250,000 for survey monument preservation. The engineer's estimate for this project was $4,700,000. Project Costs: Construction Contract $4,044,900 Construction Contingency (10%) $404,490 Soft Cost(Inspection, Survey Monument) $325,600 Total $4,774,990 Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Vicinity Map 2. PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 2/14/2024 power 'LegistarTM r 1 �Q. O e-P`,G� L. sq4' O� N BOLSA AVE. NCO NTS N McFADDEN AVE. J I N V) . o EDINGER AVE. 5 m ccn ccn \-v)- Y 0 < < W HEIL AVE. \\\\ 1 oN I < 8 = J \\\ Q < Z WARNER o AVE. co \. 0 a. cn cn _J Q SLATER AVE. 405 0 N (1\1- A w TALBERT AVE. 90 z j W o �, . o ELLIS AVE. o 1..-- 0 •Z\N`2 GARFIELD AVE..P.- cow•1```" '�' J 1` `.:r1,�„�Q�4�`�\r.��,`, \ :.TOWN AVE. ' I H. I- I \ ` pi cf; v; y < • �' `1, ,`�1/Ncb �•• 9sT m .. `2A AVE. o co \\ ��� N ‹,''��,e: 4R.-, • '0'F`vi, • ,, i, , APOLIS AVE. JFizi- ,\ ` Nb OQ9\�� .. "9Lc . �, o ¢ 0 4\G QJ \\ . ,. '� \�� ' 0 e,,,. z_� AVE. G P SG•\ NNN:\&‘e, cb ,� \el. • - • AVE. •\co. Os i \ Al', BANNING\ \ . A \ 0:10,�. r AVE. �o\ ` •cti Fgtic PROJECT LOCATION OVERLAY CONSTRUCTION INCLUDES \\ / REPORTING DISTRICT'S (RD) 433, \ / 442, 443, 452, 453, 462, 463, 464, 472, 473, and 474. V _ .--- ZONE 1 RESIDENTIAL OVERLAY PROJECT PROJECT LOCATION MAP 'AI p CITY OF HUNTINGTON BEACH °c p DEPARTMENT OF PUBLIC WORKS 1 0F 1 i .,o ---►.... Zone 1 Street Maintenance ,v‘v0 A‘l*At, I„..1 NI.., Project ., P \•\‘ %*46 No k e 0,p- �' 0 •O. t pRP 0RgT•O•• '\ ".,y --L '';'4., _E Rrs ail _ ` �� 1doFP,SlEN,Av£. .., %I��//� EIXN9ER AVE. /� I �/! %i �;.'�. , m_oHEl6 L" AYE, ?' ,-�. .�n� !' _.vti ti : \,\ F., 4„ WAIVER _ AVE. \ — . 1' ��N .f a rn Ip TRL RI AVE. ----.—__ — • lk--- .0 4• `IfICT y _...-— . . 1 N r . r ryh a 9 • ,,` ter.. AVE. 0 1. \ h,Oti• ht�1. �,44� �r� h. N Ndraiitt V5 Y I M 0 ----1----- """` — _ ' • -4'fizIk4'., il,'N,‘4......7/4,11,00 -.,,A,p irlfeje l'\.,", ,..,7, :\:,,,, 41, .. ,Aiii . ii k41* 0 • ♦ •� a ,v0 a \\ `�4\:- ••� ` � � �r� .y.`. fir' • Q '''. ''.• / \\\ yh'CT\`�'i. A BANNING RU MOW c nTRucrcm 0)433,, Ap AS�fi0ltt 4472."3. \\� ` U .) i O 84.472.4A,4M 474, �. !\,iT .dow Arid ZONE 1 RESIDENTIAL OVERLAY PROJECT �� PROJECT LOCATION MAP • p �` ��� CITY OF HUNTINGTON BEACH 0 DEPARTMENT OF PUBLIC WORKS1 OF 1 i • 640 Residential Zone Maintenance Program , Public Works . �e .. Maintenance Zones Residential Paving eah Phases within program 131 �_ to • Tree Maintenance - Fall yr �- till ir '-it Concrete Rehabilitation/• ADA Ramps � � ��3 _ —winter/Spring 999 v -0E‘ * - • \\\\ '1,741:,,.' .:':.S.-1' ;'4•41:44.,14-7.71 tilifJ,;`?'--: ' � ▪ Street Paving - Spring 'tt43,of :T. Street SlurrySeal — Earl Summer za 2...,?2 3.2. .pcyttcumwy ,' (') w msesa�xux.zs C Nn�:cGs.MNrmve� ;.^�. ,/ ,c� i., l'. 2 ftWM1) L n f ` p 7, .}rasa mmses �aux,�5�.a ;r ' c:z e+awost �' � .mnrvamnw a� r �_; ���taawxr "� 2oM 11 fa�7aa1 F4isgm+aa[n lA4la Numtrow - •a 641 Zone 1 Street }� . ,�, S Mc�FADO Vi EN AVE. Maintenance Project r,,al _' ° ° , m,.. , 'W !I •. Th1, __ , is project will rehabilitate thepavement for ,t p J . � approximately 60 residential street segments in , ', 4.,.w �,r g Maintenance Zone 1 . Work will include limited RR�JEG7LDCAi1° sos 7 .IMAT 1lAYIN IiLICWOiC 14 err .. I as; C1nf 45(n•CM,uJ�Wa 0., q M1 }f .a localized pavement repairs, crack sealing, cold ..... milling, striping, and an asphalt overlay. — ZOK,WNW, RESIDENTIAL OVERLAY CC-1743 PROJECT LOCATION MAP (;dam - CITY OF HUNTINGTON BEACH{ DEPARTMENT 00 PUBLIC WORKS 1°P t 01 UNTINGF 1 Q:.••„,CURPOHA ., rFd•...•.n \ \ is ,.->. - W7- `'• < ST 4.0. ii; PO0Q '• - I� =,QU/NTY c,\,1/ 642 Zone 1 Residential Overlay • Street Construction w - 'yam" 'uM1 ° �` i „ "..*., x g ! kl� ». R "� „� 'p rr � �' <,' �.� �t £r � � � ° ".f � £a " ue 77 P .. 4 c _41 RF L e t 'ay 9'� •A "` r°•' $ fie:_..DR n Ctrs r.. r _ > .— ,„r' ,� 1! ' r$l ri�7t. �,,L w, .. �fi• tL� t !.T`3a "S 4rt P°"'"�` M-=� k _ ,,r+, ,,:, f €l 'fi3 e '•• .t'?;°- • "SSff -" E s'. y�'••�' ^�eE,m • 'xtt 1 1 -= ,"•e a`,',5 'I ra ,11,14" o "0,", �# ` '7.v. ' '^;�, '-•# _ �, t rc" as., a .' .^ " ropy >, 1 z q x , �-" •9!'$I+".�¢-c � S•Ld �, �� U � "` � � zs N: w I.: �, ��� q q�a�* � . e w.w w� e � :,. y ,' '4 ^m;I .£ y ATM_ °""�7. �+. . ,* i y. "s a -* i a it., ''£d ""` € Igo- ,,, i e q r ikr W .,�' 9S°« {.r: £ 2 �i1 g 4 ..i It 4)' `4 ' V #I- r� i'l 4 4 a y _ T § .f d.'.4•4-p '€�i, 5{8 ,+� ld'�rd 1 �� s5 C:` 'q qp 4 y-" i+ 4' t aY ;„,„ •a w y°` rx s .r C: s $` ,.mod. < 5.?; -R- er -:"• ,c.' 'a" C }7tm«*,1�+' t tt"","- ,� r ;,i yi„;:' �„ a �*`y � e}� °'K` Y;.'. Cam# a"� '§ .a� xrlo• �, S t «„ "8: •�k F Fes+ v £ y,4,. �"- ° 'a a' x}� '� .,_ .. _ zSr. e , .. '4.` `�. d?5,: '�dw %_. 643 )2J/8/2. SECTION A Pub: 12/Z8/23 Pah : ViziPq NOTICE INVITING ELECTRONIC BIDS for the construction of ZONE 1 RESIDENTIAL OVERLAY CC No. 1743 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 10:00 A.M. on January 9,2024 on the City's PlanetBids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal website at: https://www.planetbids.com/portal/portal.cfm?CompanylD=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at: https://www.planetbids.com/portal/portal.cfm?CompanylD=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California,which are available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The 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 A-1 no less than 10% of the amount bid. For electronic submittal of bids, the bid security must be received at the City of Huntington Beach Public Works Office,2000 Main Street,no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows: OFFICIAL BID SECURITY- DO NOT OPEN Project Name: ZONE 1 RESIDENTIAL OVERLAY CC #: 1743 Bid Opening Date: January 9, 2024 at 10:00 A.M. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A, at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Project Description: This project will rehabilitate approximately 60 residential streets in Maintenance Zone 1. Maintenance Zone 1 is located in the southeast area of the City and generally includes streets north of Pacific Coast Highway, east of Lake Street, south of Yorktown Avenue, and West of the Magnolia Street.Work will include limited localized pavement repairs,crack sealing,tapered edge milling, full width cold mill, and new asphalt overlay. The contract shall allow the Contractor 70 working days to complete the contract. The Notice of Proceed will be issued no later than Monday,March 4,2024 and the working days will commence for this project. There are some constraints with paving coordination to provide parking access for the residents and to work around schools in sessions. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to reject any or all bids,to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 26th day of June 2023,by Resolution No. 2023-24. Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 ...... Column INTERIM AD DRAFT This is the proof of your ad scheduled to run in Huntington Beach Wave on the dates indicated below. If changes are needed, please contact us prior to deadline at(714) 796-2209. Notice ID:fvx988uogilZ4VicpSTP I Proof Updated: Dec.18,2023 at 11:08am PST Notice Name: NIEB CC No. 1743 FILER FILING FOR See Proof on Next Page Donna Switzer Huntington Beach Wave donna.switzer@surfcity-hb.org (714)374-1649 Columns Wide: 5 Ad Class: Legals 12/28/2023:City Notices 767.64 01/04/2024:City Notices 767.63 Subtotal $1535.27 Tax% 0 Total $1535.27 NIEB CC No. 1743 - Page 1 of 3 • SECTION A • NOTICE INVITING.ELECTRONIC BIDS for the construction of ZONE 1 RESIDENTIAL-OVERLAY. CC No.1743 In the CITY OF-HUNTINGTON BEACH PUBLIC NOTICE IS-HEREBY GIVEN that the CITY OF HUNTINGTON BEACH,as AGENCY, • invites electronic bids tor the above stated.protectand will_receive such.bids prior to 10:00 A.M.on January.9,2024 on-the City's PlanetBids System Vendor. Portal;at which time or thereafter bids will be opened and made.avatlable.online. Bids-received after this time will be considered non-responsive.Prospective bidders.must first register as a vendor and:then bid onthls protect via the City's PlanetBids'System Vendor Portal website at: • Iittns:7/www.planetbids.com/portal/portaI.cfm7ComnanyI D=15340. Copies of.the bid documents,-including instructions to bidders,bidder proposal form, and specifications may be downloaded free at: https://www.planetbids.com/portal/portal.cfm?Companyi D=15340.Bidders must first • register as a vendor on the City of Huntington Beach-PlanetBlds system to view'and download the-Contract Documents;to be added to the prospective bidders list,and to receive addendum notificattons.when issued: Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuanttothe provisions of tile Labor Code offhe State of California, the minimum prevailing rote 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 atwww.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 to 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 theaward of contract. No bid shrill be considered unless it is prepared on the approved Proposal forms In conformance with.the Instr_uctIons to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashiers check,-or bidder's bond made payable to the AGENCY for an amount no less than 10%of the amount bid.For electronic submittal of bids,the bid security must be received at the City.of Huntington Beach Public Works Office,2000 Main'Street, no later than the bid opening date and time.The bid-security-must be submitted-in a sealed envelope bearing-the name and address of the bidder and the.outside of the envelope must read as follows: OFFICIAL BID SECURITY-DO NOT OPEN • Project Name:ZONE 1 RESIDENTIAL OVERLAY CC#:1743 Bid Opening Date:January 9,2024 at 10:00 A.M. The successful-bidder shall he;licensed in accordance with provisions of the Business and Professions Code and shall possess a State•Contractors License Class A,al-the time of the bid opening.. The successful Contractor and his:subcontractors will he required to possess business licenses from the AGENCY.Ali-extension of unit prices will be sublect to:verification by-the AGENCY. Incase of a variation between the unit price and the extension,'the unit price will govern. Project Description: This'prolect will rehabilitate approximately.60 residential streets in Maintenance Zone 1.Maintenance Zone us locatedin the southeast area of.the City and generally includes streets north of Pacific Coast Highway,east of Lake Street,south of Yorktown Avenue, and West of the Magnolia Street.Work will include limited localized pavement repairs, crack sealing,tapered edge milling,full width cold,mill,and new,asphalt overlay. The contract shall allow the Contractor 70 working days to-complete the contract. The Notice of'Proceed will be issued no later than Monday,March.4,2024 and the'working days will commence for this'protect. There a re some constraints with paving coordination to provide parking access for the residents and to work around schools-in sessions. Ail 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 tills bid solicitation will be referred back to the PlanetBids.system. NIEB•CC No. 1743 - Page 2 of 3 The AGENCY reserves the right to relect any or all bids,to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,the 26th day of June 2023,by Resolution No.2023-24. Attest: Is/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Huntington Beach Wave Published:12/28,1/4/24 • • NIEB CC No. 1743 - Page 3 of 3 M 1(an ii a..._ INCLUDES THE FOUNTAIN VALLEY VIEW 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714) 796-2209 legals@inlandnewspapers.com City of Huntington Beach - City Clerk's Office 2000 Main Street Huntington Beach, California 92648 Account Number: 5272431 Ad Order Number: 0011638717 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 12/28/2023 and 01/04/2024 Total Amount: $1520.50 Payment Amount: $0.00 Amount Due: $1520.50 Notice ID: fvx988uogilZ4VicpSTP Invoice Text: SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of ZONE 1 RESIDENTIAL OVERLAY CC No. 1743 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH,as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 10:00 A.M.on January 9,2024 on the City's PlanetBids System Vendor Portal,at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal website at: https://www.planetbids.com/portal/portal.cfm? CompanylD=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form,and specifications may be downloaded free at: https://www.planetbids.com/portal/portal.cfm?CompanylD=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents,to be added to the prospective bidders list,and to receive addendum notifications when issued.Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California,the minimum prevailing rate of per diem wages for each craft,classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California,which are available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works,2000 Main Street, Huntington Beach,CA 92648.The AGENCY will deduct 5%retention from all progress payments.The NIEB CC No. 1743 - Page 1 of 3 ° See Proof on Next Page INCLUDES THE VALLEY N VALLEY VIEW Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 (714)796-2209 2000 Main Street Huntington Beach, California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Irvine, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 12/28/2023,01/04/2024 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:Jan 4,2024. Signature NIEB CC No. 1743 - Page 1 of 3 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of ZONE 1 RESIDENTIAL OVERLAY CC No:1 743 • • • • in the . • CITY.OF HUNTINGTON BEACH • •PU.BLIC NOTICE ISHEREBY GIVEN that the CITY OF HUNTINGTON BEACH,as AGENCY, invites electronic bids for the above stated protect and will receive such bids prior to 10:00 A:M.on January 9,2024 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 tine will•be considered non-responsive.Prospective bidders must first register as • a vendor and then bid on this protect via the City's PlanetBids System Vendor Portal • website at: hfitps://www.planetbids.com/portai/Portal.cfm?CompanvI D=15340 • Copies of the bid documents,including instructions to bidders,bidder proposal form, and specifications may be downloaded free at:. hftos•l/www.alanetblds.co /portal/porfal.cfm?Compan m vl D=15340.Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and • download the Contract Documents,to be added to the prospective bidders list,and to receive addendum notifications when issued. Any contract entered into pursuant to this notice will Incorporate the provisions of the State Labor Code. Pursuanttothe provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft,classification or type of workman needed to execute the contract shall be those determined by the Director of • Industrial Relations of tile State of•California,which are available online at www.dlr. 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 discriminatecd 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. Tile • bid must be accompanied by a certified check, cashiers check, or bidders bond • made payable to the AGENCY for an amount no less than 10%of the amount bid.For • electronic submittal of bids,the bidsecurity 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 bldder,.:and the outside of the envelope must read as follows: OFFICIAL BID.SECURITY-DO NOT OPEN Project Name:ZONE 1 RESIDENTIAL OVERLAY CC#:1743 .Bid Opening.Date:January 9,2024 at 10:00 A.M. • • • The successful bidder shall be licensed in accordance with provisions of the Business • and Professions Code and shall possess a State Contractors License Class A,at the time of the bid opening. • The successful Cantractor•and his subcontractors will be required to possess business licenses from the AGENCY.All extension of unit prices will he sublect to verification • by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Project Description: This cirolect wl Il rehabilitate approximately 60 residential in Maintenance Zone 1.Maintenance Zone 1 is located in the southeast area of the City and generally inc►udes • streets north of Pacific Coast Highway,east of Lake Street,south of Yorktown Avenue, and West of the Magnolia Street.Work will include limited localized pavement repairs, crack sealing,tapered edge milling,full width cold mill,and new asphalt overlay. The contract shall allow the Contractor 70 working days to complete the.contract. The . Notice of Proceed will be Issued no later than Monday,March 4,2024 and the working . days will commence for this protect: • There are some constraints with paving coordination to provide parking access for the residents and to work around schools in sessions. All questions related to this bid solicitation must be submitted through the City's . . . .PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders.Any other contact to City staff regarding'thls bid solicitation will be referred back to the PlanetBids system. • • NIEB CC No. 1743 - Page 2 of 3 • The AGENCY reserves the right to relect any or all bids,to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY 'ORDER of the CITY COUNCIL of-the CITY OF HUNTINGTON BEACH, CALI FORN IA,the 26th day of June 2023,by Resolution No.2023-24. Attest: • /s/Robin Estanislau ' CITY CLERK OF THE CITY OF HUNTINGTON BEACH Huntington Beach Wave Published:12/28,1/4/24 • • • • • • • • NIEB CC No. 1743 - Page 3 of 3 UNSUCCESSFUL BIDS CC No. 1743 Residential Overlay. of Maintenance Zone 1 .0 \\......04, City of Huntington Beach e�=`�=�:_, 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov *a�<< .1 r .e`(7- t Office of the City Clerk �.7°UNT`I CA#��� Robin Estanislau, City Clerk March 12, 2024 All American Asphalt P.O. Box 2229 Corona, CA 92878-2229 RE: Residential Overlay of Maintenance Zone 1 —CC No. 1743 Enclosed please find your original bid bond for CC No. 1743. Sincerely, 943714,7144-1441) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan • SECTION C PROPOSAL for the construction of ZONE 1 RESIDENTIAL OVERLAY from PROJECT LIMITS CC No.1743 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor,material, equipment and incident insurance necessary therefor,in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach,and to enter into a contract at the following prices. The undersigned agrees to complete the work within 70 working days,starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work,that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid,find Bidder's Bond in the amount of 1 0% which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here,if any: Addenda No. Date Received Bidder's Signature **N/A** C-2 SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 1 CC1743 Ite Description .i • Q(iantity Unit Unit Cost Total Cost m .i (Extension) ,.a No. ; + ' lc . s. 1 MOBILIZATION INCLUDING CRACK SEALING 1 Ls $170,975 $ 170.975 2 PREPARE STORM WATER POLLUTION PREVENTION PLAN(SWPPP) 1 Ls $2,500 $ 2,500 3 INSTALL&MAINTAIN CONSTRUCTION BMPS 1 Ls $28,000 $ 28,000 4 CONSTRUCTION PROJECT TRAFFIC CONTROL 1 Ls $254,000 $ 254,000 TAPERED EDGE COLD MILL AT 0.12'DEPTH PER DETAIL 5 IN SPECIFICATIONS INCLUDING DISPOSAL 700,000 SF $0.34 $ 238,000 6 COLD MILL FULL WIDTH OF ASPHALT AT 0.12'DEPTH 350,000 SF $0.40 $ 140,000 7 INSTALL 1-1/2"(0.12')TYPE III C3-PG-64-10 ASPHALT CONCRETE OVERLAY 22,000 TN $128.00 $ 2,816,000 8 FURNISH AND INSTALL PETROMAT PER SPECIFICATIONS 285,000 SF $0•39 $ 111,150 REPLACE AND ADJUST WATER VALVE COVER TO 9 GRADE 265 EA $475.00 $ 125.875 ADJUST CITY SEWER MANHOLE TO GRADE 10 155 E, $850.00 $ 131,750 REINSTALL ALL EXISTING TRAFFIC STRIPING AND 11 LEGENDS TO COMPLY WITH CURRENT HB CITY STANDARDS. 33,000 1 Ls $ $ 33,000 ADJUST UTILITY MANHOLE TO GRADE 12 10 EA $850.00 $ 8,500 PROVIDE SEWER MANHOLE RING AND COVER TO 13 REPLACE ANY DAMAGED RING OR COVER (ALLOWANCE) 5 EA $1,100 $ 5,500 PROVIDE PAVEMENT REMOVAL WITH 2"(0.17')COLD 14 MILL AND INSTALLATION 2"(0.17')CLASS B PG 70-10 AC BASE COURSE AT VARIOUS LOCATIONS 40,000 SF $4.00 $ 160,000 TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A $4,225,250 C-2.1 SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 1 CC1743 TOTAL BID AMOUNT'IN WORDS: Four Million Two Hundred Twenty-Five Thousand Two Hundred Fifty Dollars Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension,the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater,and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DER PWC Dollar %of Item(s) Subcontractor License Registration# Amount Contract Number 1 Pavement Rehab Company Item sal Anaheim,CA Cg Item 1000064823 $87,000 2.06% 1051374 Item 11 Cal-Stripe Striping Colton,CA 685387 A 1000001100 $32,180 .76% By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOMISION AVVIDAVIT TO MCUTED BY. .BIDDER AMkstmoirnmwrat B declare under penalty y of sunder the laws of the state oaf�fot�iia that the foregoing'is true and correctand that tins declaration,is executed on 'L3t at'Corona DOre $rats° ,EdttOrti k. arlsOtt being first duly swort4 deposes=amid.says that.he or she is vi*Ptatittent. All American Asphalt t1101).041 making g the foregohigiAa,thatthebittig notmade in the interest of oran the hehalf.ot any undiselosed p axtrtersh P..:... ,.. P,company, asso�raatx�an, � ah ) or �c * hid is � and not: collusive or sham,that the: ;dderhas notdirectl Orin y induced or so tad any other bidder to put in.a faIse or-sham bid,and has not cured oar indrectly colluded, conspired,connive; or.. agreed th any lie oa anyone else to pit Ai a Shin.bid,or that a none shalUrefrain eon b ddmg that the bidder has aat.in any manner any or indirectly, souhlat by grc q cc mmun catio or conremcc with anyone to fix.the bid price, or that of any Other finder, or to secure any advantage aga stthe public body warding the contract anyone interested M the proposed contra that all:statements contained ha the hid.are trwte;and,der,that the bidder has tot,.directiy ar Stiltedly,sia aalnitt 4 hisorher b d price any bealkdown thereof,,or the contents 'thereat or divutiada information or data, relative thereto, or paid, .and will not pay':fee VI' ;any coxpoxatson, nersip paw , company association,organization,bid depositoayy,or to any member or agenttheireof a eetuate:acoltusriue err ha bud. .P,Jl AdiedcAn Asphalt Name of' dder Sig ,taire of idder Ed JW carlsati Vice Resident; 4 ^lu goc 9,Ocronk CA 0878 Aftd ressI 004dder C4 WOR .UJR4090..E figf#1 . . ,..• A natartputilia.orAtittierofftor 40.10.1etin,gitirstogOitic*,-Ygrifios 114mOgkilm44,9!R.00.4 4ig• deNtiritate is aaarligi.zi,40114 not the ithturtne agou*y, ma1iiiii7tortigitlogment, State ofealikmia ;County Of aeoribed arid oivortt4Oreffirmed.) Oefom me or this 3rd day of January „ptrit Date • mani4 • Af,:(1) tiiiiiatd 4,tialtiatitt • " • Name atagner PrOptt ta me on ifve bails of ea:station" evidence • 40.117.4.„, sommAkek tick pubtr tawrit6--- 0- be the person who oppeared.W00 me iwsks copro ; 7,`:*-47fris9: tdrititi)*OlglOW arTd , , ContraitiOtret t•IdV piklfg.4 .42.) • *Me WSigner Proved tO me on the basis;of 4atitfadtitY, 01-441100" • be the person Who appeared before „ ,•,: , • Signatur .e( • •,•,,kt• , 2-,„ • • , • • • . Place 40.farAtifiAiroy4 S1onatte4 NptiaryPNOlig Tamairialagiawaaltaia*!a mit tiagiatailly kik lofty prove Vaittatire to person iiciameot end could prevent auduiemoveimd rea#04100 OthiP:Ottittd 0.4aitt- 00144 utthor Description of,Any:Attac.hect CoOtiitri-Atit RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER OF SIGNER Ron otOot aolusion Aftidoit -ritio or To..04 aci " • „ , rooltittootto tiario • •• 011.03/20'24 Number0f pages -• 000riiitiot : • • NIA goo(..s.)oftier — • 5 • •••': ALL ANIX.KICAN ASIVIALT ALL AMtatCAN AOGIUGATES ?.k,4114:044.-4 1.AMERICAN wat-wik.40:q:IiiPA,V4Z4v .64 VI04.0.1**Itglia WOOPM# tORPORM.RESWTIOKt R?-41itmg:4.,that thi$OrpOraticiftt:AR,Attittitatt MOIfrak.rth 41411rig s'Eduva,r4 Céi4n to:exe.cote bid patrimr$,:,contracts,;and agrementson behalf of the company in the capacity'ofVfcePtasidatit IkitiOtaar,#•atiOs 50Crgiary • UTILITY AGREEAIENT ltolvoEABLX l!OrMivvl cOT,TNCIL ITY OF liUNT 1:NOTON.1.3RAM •kW0, 1ThliA, Gentlemen: The undersigned herebyprownisea and agrees that in the performance of the-work specified in the contract itnOwn as the OtliE 1 REMENTIAL OVERLAY,(1)(we)(it)will employ and utilize Q*qualified persons,as hereinafterdefinett town&in proximity to any electrical secondary or trdaSnibld,013, facilities. The term "Qualified Person' is defined in Title 8, California Arkninistrative Code,Section 17,00°,as follows:. Qualified renew 4perscw, wha,by reaeon of experience or inivtructii" familtarwtth the operetion,ft,be perftnne d and the haw*thvolVear.', The undersigned also promised and agrees that all such work Shall be performed in.accordance with all applicable eleetrie' el utility company's req*ements,Public Utility Conunission orders, and State aCalifornia 04-0$Hfiik requirements. The undersigued promises and agrees that the provide nsherein shall be and are birithts upon any subcontractor or subcontractors that/nay be retained Or employed by the underliSned.,. and that the undersigned shall take steps as are „necessary to assure coMPhance by any ssi`ti ° actOr or sawn ,,tractors with.thermenta contained:herein. Atkerican AsPhait Contractor By Edward Carlson,,Vice President Title Date; 113 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 INNo If the answer is yes,explain the circumstances in the space provided. 'MA" Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPINSATION INSURANCE ER ICA pumantto 5e4tipn 1801 aft.State Labor Code;eaclito% a to'whom a public wotkaoontract ha$been wonted Shall'sign the folly :wing av air arm .of die provisions Of Sett :on 3700 of tl a Labor Code,which roiquiro,cwei ,em1oy r to tie insared against;habiht for worker's vonvensation or to under se insurance accor nce With pro the ions that code,. and I will comply with such provisionsbefore commencing t,. a eper& nor ce or"the work of cilia'contract Con AUtracts)re cap Asphalt Edwatd J. C rloort, Vim President Title :la . ft istittnat teth***iligfcinowitcg inforitagit itiei4orrectz Alt ArtIetiPartAPtullt P . .Bich N adx „ - - easiness Adato.s 0,oroo• CA 9878 State zip 951• )73646901 publitWotitsadftMeitcana801altotmi Telephone Nuttber Email Address 261-0.$ Class A State.(04,1*.otor's Licoolso•'IsTfz,ia.n4dis$• toolitti , . . :040740-ate,Iss404 irmogo. Evitatiort:Datd **it&sito-was,ixopcgted by-J-Itti NIOPOO: otour office oil Onoaqf 4 202 . Tho,following- :..ar6P 'etSQ116,finns'*aild c0rPetatiets haVin` .$a pritOpArttitetdA i thprosaF All AiTteticait Aaphat--Cdreoratidn. . . . . Edward J.Carlson Vide:President Mehael.Fatkas-tecrata60 .. Mark Luets Prosid6tit. „ . • Tho-0.40041.04.-„i$,prepaTedito.tatio ity the Coweil.of the•citylifi-AughigtottBeadt of it 641941.4411y or,ottiorwiso, to,pertbrivi the contract for the prollostei work and itnprovemenls in adoordarco 7§-tith7 'Mt plans;and sped:Relit:bit set forth.AO , moricartAsoWit,-, itzotporotion . „ Cattlatly Name , . „Sfp;n4ture,Of Bidder. • EdWgrci..4. Paritert,140 President Printed or Typed$ipaturc . „ +tttlUlrllrgrrr+ tiet • • ;-rii E8!1, i t 00 i • tj kinfAvAiZ i: outroopitA 42.14L-PORPOSE ACKNOWLEDGEninta ,. ,.. ..„ , CIVIL CODE S1180 ., .. . , . ;., r',41.0.*litili<0.4r.oterrOffigg 0;004 ti;goitittOky.*Ti,04,..0xiYit6:4071.*.oft***4404:w.)1.0*004* ilooloitittooftWitify-dottiOpte**00e44 and 4.400 frutifftitoe, ,.sculogy,ailf044 ot*g.0000001t „,.... ..• 'Stet ofeatikenta tag*Of .. . . 4,;:trr *krtUaq%:;7924 beftrame,. S-atlah-- Atha Langley44'.•••",''Yebtit :De. " 1-kimot000ttlittltd-mmilikelw -- - personally:eppearect E.ilk*ard.3.,Cattstin watitItotsiewet*. .. . ,. . ' *10:proved to me on the beeie of 30004db:try avtrianos to he'the , oomon(ey*gee notsce(..4 teem stibscrbeti to 000 -the.within instrument ,'-• ' '•.'' -" -' ' , :'..S' , ' : ' 4.0,10 AOknOitatal4 0 me ttot tot: y Ageatted the eeme in- , ' '425-2A •, -***,401,71.-rt, ' iiisi4aothor 4ottioti* .gaixioThii*), go-cl 0..-ot 1P.Y. t.11040.10*.L.,., ':ENII-:\- ' lietanrPO4.,.,%:,,',V,T1'..114 1 Ova. ' '.- ' I tIrr the intlitarl. ,ent thri 0 erion(4):or-the,eneV••upon.hectitt i. '-e•'-'-'7-:',.c,.,; 00.0h.kit :' preo, rt(eyacted,executed the instrument '', i. .-:.-"i', .,:', ' „:' ,.._ _.:- '7- • - -- -.--- i.t.pettily uttdeg::PeNAt_TY 0 PERJURY(44.0 tho,roo of the.0totio,oil Delittnittatthefergothg paragraph is hate ene w:...Treat 014 an P.'"''701$*. :.; Signature t ( .-, •, n.,1,,:,:-.. ; P.foicei r.0010041404ift, '--: '-: ',' Pii.000tit.1/01.A.'4.,:f04#40 • ' ' '' ' Thtladtitei:riltt.t11400011.0 is not mtielOctey&lw.,it te.sy:Pletielletotaltittt PerSettlelYint on th04.01elentOnt 4110.0040:*0.ftt#74.4010 **ene tetieSehinentetthie fetefte:aitotheMeeementi, beemionen otAttachen Document Tale or Type of-Document .Bidds Info .,. : • , „.. .. . . ......... .„ .. „ , Document Date; (1,1 0=2 4 - . . , .littItteterCf Pages :1.. Sigher(s)Dthef Then Natited AtiO*St ..... ... ,....,._ _ . .... . .., ., 000.1ty(*ol Otalkne0 O.tStalter(*) . Signets Namez_ Ede/anti 4.:'Carlson . $14neetl,160141 . tonNit*ei ;c IndiVinbet X Corporate!Oftte4t, ittle.(er,.., ,VIO flt*e-ht 110#00tatiaoffidlef—iroti). , NIA 0 Partner LI o:.U.r6itoci.4 General ,' Potoora o Witi(*(1'1;t•Owed , RIGHT THUMBPRINT ,, - - RIGHT THLMBPRINT dAttorney le fed OF SIGNER , 13 Adana*in Fatit OF SIGNER 0t.' 4,0 TPA:IgAirebbgt! \ tidthett , . ' t titt*C.t., NA, • ,. .. Signer is Representingi , - ' Oigm.00 iitspfosotOm .,'tArnerfoart As hat..,.,. ... ...,, k.,.• ':,,,. . : . -.2:,,,-...-,...7,...;':-.'::':-._<.<--.'..E::-;........;:::7-.::-,,,:.;-...-.',."7:7,-.'.::'-'-'":':..::::',7::-.::-.T:"::;,.-t'....,',1•_:''',-.7._...;:.Y.7.:•.;!."--.•', ::.;"';t: '-',..:'',..,`•::',..-..."-:'.;.-7; !;..7.:.:7,-1.7 . . • .. - NOTARY CERTIFICATE Subscribed arta SW0111 to before me this day of ,20Z A notaq public or other officer comptefing thia certificate verifies only the identity of the indivickal who signed the document to vithich this certificate is atlached, and not the truthfulness,accuracy,or validity of thatdocument, State-of County of ) On. before me, Month,Day,and Year hum N e and Title ofNotary pelsonally appeared, s t; Signer® who proved to me on the basis of s ;. • - evidence to be the Persoh(s) whose name(s)is/are subscnbed to the within instrome lblowledged to we that&she/they executed the same iii his/her/their autholized capaci LI:and that by Wheat*signature(s)on the instrtrnent the persou(s),orthe entity upon • er. which the persons)acted,executed the inswarueut I certify under PEN 8%' PERJURY under the laws of the State of California that the foregoing paragraph is MF-1- .11 a correct ray hand • °facial seal. 5%4 e Signature oflgotary Public (PLACE NOTARY SEAL AB(JVE) .04 J CONTRACTORS d=a STATE LICEN BARD 'r .......0014.541U11Wa� ACTIVE LICENSE Ucma.Nwnb.r267073 EM11y CORD Mistrial NUN ALL AMERICAN ASPHALT ClUeiflciUonls)A C12 C S L8 IIIIIIII E=oir.ticn Date 0'i/31/2026 www.cslb.ca.gov Bidder's Project History For the purposes of this project, the bidder shall provide project history of •irnilar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Overlay Proiect of multiple residential streets."1. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. City of Highland-27215 Base Line Street,Highland,CA 92340 Name and Address of Public Agency Name and Telephone No. of Project Manager: Amanda Perez(909)864-6861 $2,082,099 Pavement Management Program 12/2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Pavement Management Program 2. City of Newport Beach-100 Civic Center Drive,Newport Beach,CA 92660 Name and Address of Public Agency Name and Telephone No.of Project Manager: Ben Davis(949)644-3311 $3,363,056 Pavement Rehabilitation 10/2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work E.Coast Highway&Marguerite Avenue Pavement Rehab Contract No.7807-2 3. City of Corona-400 South Vicente,Corona,CA 92852 Name and Address of Public Agency Name and Telephone No.of Project Manager: Barry Ghaemi(951)736-2400 $3,471,178 Street Pavement 1/2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work Street Pavement Maintenance&Rehabilitation Project No.2020.01 C-10 2022 PAST WORK REFERENCES City of Manhattan Beach Slurry Seal of Central Area of Sands Section 1400 Highland Ave. Contract Amount:$730,251.42 Manhattan Beach,CA 90266 Start Date:12/2021 Contact Bianca Cardenas(310)802-5357 End Date:7/2022 bcardenas@manhattanbeach.gov RMV Realty,Inc. Planning Area 3.1 Street Improvement 28811 Ortega Hwy Contract Amount:$3,996,996.00 San Juan Capistrano,CA 92693 Start Date:4/2021 Contact:Kelly Haymes End Date:4/2022 khavmes@ranchomv.com City of Westlake Village Dales Dr.and Parkridge Ave Street Improv. 31200 Oak Crest Dr. Amount:$1,025,336.00 Westlake Village,CA 91361 Start Date:5/2022 Contact:Roxanne Hughes(805)890-8885 End Date:6/2022 rhughes@willdan.com City of Burbank Local Residential St.Improv.Project 275 E Olive Contract Amount$7,761,320.00 Burbank,CA 91502 Start Date:1/2022 Contact:Artin Megerdichian(818)238-3942 End Date:12/2022 amegerdichian@burbankca.gov City of Highland Pavement Management Program 27215 Base Line St. Contract Amount:$2,082,099.00 Highland,CA 9234 Start Date:10/2021 Contact:Amanda Perez(909)864-6861 End Date:12/2022 aaerez@ciitvofhighland.org 2022 PAST WORK REFERENCES Toll Bros,Inc. The Metro Heights 725 W.Town&Country Road,Ste 200 Contract Amount:$2,675,250.00 Orange,CA 92868 Start Date:11/2021 Contact:Brandon Haskell(714)347-1360 End Date:04/2022 bhaskell@tollbrothers.com City of Fullerton Miscellaneous Rehab FY 21-22 303 W.Commonwealth Ave Contract Amount:$704,080.00 Fullerton,CA.92632 Start Date:06/2022 Contact:Nick Esposito(714)738-6851 End Date:12/2022 Nidc.esoosito@citvoffullerton.com City of Norco Corporate Yard Pavement Rehab 2870 Clark Ave Contract Amount:$612,755.33 Norco,CA 92860 Start Date:10/2021 Contact:Chad Blais(951)270-5678 End Date:12/2022 cbkaus@cu.norco.ca.us City of Newport Beach E.Coast Highway&Marguerite Avenue 100 Civic Center Drive Pavement Rehabilitation Contract No.7807-2 Newport Beach,CA.92660 Contract Amount:$3,363,056.00 Contact:Ben Davis(949)644-3311 Start Date:01/2022 bdavis@newportbeachca.gov End Date:10/2022 City of Villa Park FY2021-2022 Slurry Seal Project 17855 Santiago Blvd. Contract Amount:$128,497.60 Villa Park,CA 92667 Start Date:02/2022 Contact:Hamid Torkamanha(714)998-1500 End Date:12/2022 hamid@villaoark.org 2022 PAST WORK REFERENCES City of Norwalk Local St.Rehabilitation Project 12700 Norwalk Blvd. Contract Amount:$1,041,470.00 Norwalk,CA 90650 Start Date:01/2021 Contact:Damian Rosales(562)929-5527 End Date:12/2022 ilopez2@norwalkca.eov City of Buena Park Eighth Street Rehab Project 6650 Beach Blvd. Contract Amount:$510,000.00 Buena Park,CA 90621 Start Date:1/2021 Contact:Cesar Ortiz(714)562-3689 End Date:12/2022 cortiz@buenapark.com City of Santa Clarity Dales Dr.and Parkridge Ave Street improv. 23920 Valencia Blvd.#120 Valencia,CA 91355 Amount$1,025,336.00 Contact:Juana Alfaro(661)255.4942 Start Date:5/2022 jalfaro@santa-clarita.com End Date:6/2022 Lewis Operating Corp. Meridian Phase 3 Street Improvements 1156 N.Mountain Ave. Contract Amount:$4,947,887.50 Upland,CA 91786 Start Date:11/2021 Contact:Bill Hanson(909)985-0971 End Date:12/2022 Bill.hanson@lewismc.com City of La Mirada Neighborhood Slurry Seal Area 3 15515 Phoebe Avenue Contract Amount$799,151.00 La Mirada,CA 90638 Start Date:6/2022 Contact:Priscilla Yi(562)902-2374 End Date:12/2022 Priscilla.vi@citvoflamirada.org 2021 PAST WORK REFERENCES Colony Commerce Archibald St.Improvements C/O Caprock Partners Contract Amount: $1,949,000.00 1300 Dove Street Suite 200 Start: 12/2019 Newport Beach,CA 92660 Completed: 12/2021 Contact: Eric Nutter(949)428-1400 Ext.209 enutter(),moote.com Lennar Homes Merrill&Haven Street Improvement 25 Enterprise#300 Contract Amount: $1,481,832.15 Aliso Viejo,CA 92656 Start: 6/2020 Contact:Diane Hannon(949)349-8000 Completed: 12/2021 Diane.hannon@lennar.com City of Norco Wayne Makin Park Slurry Seal Project 2870 Clark Ave. Contract Amount: $52,725.89 Norco,AC 92860 Start: 10/2021 Contact:Todd Shank(951)270-5603 Completed: 12/2021 Todd.shank@norco.ca.us Los Angeles Department of Water and Power Pine Tree Power Plant Access Road Repair 111 North Hope Street,L-43 Improvements Los Angeles, Ca 90012 Contract Amount: $810,400.00 Contact: Joelle Morisseau(213) 367-0123 Start: 5/2021 Joelle.morisseau@LADWP.com Completed: 7/2021 City of Dana Point Slurry Seal Project 19/20 33282 Golden Lantern Contract Amount:$1,897,897.00 Dana Point,CA 92629 Start: 04/2020 Contact Scott Fisher(949)248-3577 Completed: 05/2021 sfisher@DanaPoint.org City of Corona Street Pavement Maintenance 400 South Vicentia &Rehabilitation Project No.2020.01 Corona,CA 92852 Contract Amount: $3,471,178.00 Contact Barry Ghaemi(951)736-2400 Start: 6/2021 bghaemi(a,Coronaca.gov. Completed: 1/2022 2021 PAST WORK REFERENCES City of Anaheim • State College Boulevard Improvement 200 S.Anaheim Boulevard from Ball Road to SR 91 Freeway Anaheim, CA 92805 Contract Amount: $484,848.00 Contact:Jose Cortez(714)765-5039 Start: 8/2021 icortez(a,anaheim.net Complete:4/2022 County of Orange Rossmoor Collectors Grind&Overlay 601 North Ross Street Contract Amount $2,148,320.90 Santa Ana,CA 92701 Start:4/2021 Contact: Stephen Clayton(714)995-0206 Complete: 12/2021 Stephen.claytoneocnw.ocgov.com City of Norwalk Local Streets Rehabilitation 12700 Norwalk Blvd. Zone 27 East of Gard—No.7925.3 • Norwalk, CA 90650 Contract Amount $1,051,330.00 Glen W. C.Kau(562)929-5723 Start: 6/2021 gkau(a,norwalkca.gov Completed: 12/2021 City of Garden Grove Arterial STS.Rehabilitation 11222 Acacia Pkwy Contract Amount: $3,185,281.00 Garden Grove, CA 92840 Start: 6/2022 Navin Maru(714)741-5180 Complete: 12/2021 nmarueggcity.org Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager,and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project.Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Jim McGee Name of proposed Project Manager Telephone No.of proposed Project Manager: (951)736-7600 Edinger Avenue&Atlanta Avenue Pavement Rehabilitation 7/16/2019 Project#CC1565 $2,392,858.55 Project Name&Contract Amount Type of Work Date Completed Santa Ma Canyon Road Rehab Road Rehab 12/31/2019 $534,553.00 Project Name&Contract Amount Type of Work Date Completed Citywide Overlay Street improvements Street Improvements 6/14/2020 $1,131,621.00 Project Name&Contract Amount Type of Work Date Completed 2. Art Ramirez Name of proposed Superintendent Telephone No.of proposed Superintendent: (951)736-7600 Firestone Blvd Street Street Improvements 7/18/2020 Improvements $1,648,493.00 Project Name&Contract Amount Type of Work Date Completed Prima Deschecha Land Fill Paving & Grinding 11/3/2019 $886,663.25 Project Name&Contract Amount Type of Work Date Completed Bristol Street& Edinger Street Improvements 12/26/2020 Avenue Class II Bike Lanes $607,839.99 Project Name& Contract Amount Type of Work Date Completed C-ll ., . 'CONTRACTOR REGISTRATION WITH CALIFORNIA' DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERI1141CATE Pursuant to SB$54(diting Labor Code Section,'1,7711.(a))„passed by the California State Senate on lune2t1).1014„,established anew public*orb Contractor Registration Program,which requires all contractors and subcontractors bidding and performing WO* on Public Works Projects to register on an annual basis(each July I Amu*June 30 state fiscal year)with,the California Department of Industrial Relations(00).,Curren*the annual non-refundable registration for Contractors is $300. Each contractor to whom:a public works contract has been awarded!Olaf!. siothefollowing certificate: DIR FACT SHEET on SB 854 httpd/Www*.ca:gOvi) tlieWerlcoiS13854PactSheet, 6:50:14.pdt IAR's Contractor Registration Link.--,Call(844)522,76734: '.httpstitifiling.dir.ca.gov/PWCRIActionServiet?actioir=disPiayPWCRegistrationForm .1):M t4 co!.t, .. _. Registrstten searchable database! Ittitps:17efiling4irxa.govIPWCR/Searelt.action I am aware and will.comply with the provisions of Labor Code Section 1771.1(a)Which states: "A contractor or subcontractor shall not be qualified to bid on,be listed It 4.bid proposal, subject to the requirements of Section 4104 of the Public Contract Code,or engage:m the performance of any contract for public work,as de,7'.'-. in this chapter, unless currently registered and qualified to perform public work pursuant to Section 17254, It is not a violation of ibis,section for an unregistered contractor submit a:bid:that is authorized by . . Section 4021.I of:the Business and Professions Code or by Section 16164 vt10101,54f the Public Contract Code,provided the contractor is registered to perform public work pursuant to Section,172$.5.at the time the contract is awarded." I furthermore.will comply by providing proof ofregistrafion with DM as the primary contractor,. as well as for ALL subcontractors at the time of submitting the lid, All American Asphalt „ .. Contractor publiciyorks@allarnericanasphaft.coro Bran Edward 4.:Carlson),We President Date: , ; „ 1 : ,13. #4 Title PWC Registration.fit:!1 000001 WI C....11 6/7/23,3:02 PM httpsJ/cadlrmy.salesforce-sites.com/ContractorSeardUPrintRegDetails Contractor Information Registration History Legal Entity Name Effective Date Expiration Date ALL AMERICAN ASPHALT " ' Legal Entity Type 5/11/2018 6/30/2019 Corporation _— Status 5/8/2017 6/30/2018 Active - Registration Number 5/2/2016 6/30/2017 1000001051 Registration effective date 6/9/2015 6/30/2016 7/1/2023 Registration expiration date 8/25/2014 6/30/2015 6/30/2026 Mailing Address 7/1/2019 6/30/2020 PO BOX 2229 CORONA 92878 CA United States... Physical Address 7/1/2023 6/30/2026 400 E SIXTH ST CORONA 92879 CA United State... Email Address 7/1/2020 6/30/2023 Trade Name/DBA License Number(s) CSLB:267073 CSLB:267073 Legal Entity Information Corporation Number. Federal Employment Identification Number. President Name: Mark Luer Vice President Name: Edward J.Carlson Treasurer Name: Secretary Name: Michael Farkas CEO Name: Agent of Service Name: Michael Farkas Agent of Service Mailing Address: 400 E 6th St,Corona,CA Corona 92879 CA United States of America Workers Compensation Do you lease employees No through Professional httpsJ/cadir.my.salesforce-sites.com/ContractorSearch/PrintRegDetalls 1/2 Fi.„detty. ,an ..d •Deposit:Cpa ., omny maw h d_._ • . „ . ItaBoixo lorowoh,m04 riv ALL'.1!TAzgoo.o.;,:rbot*.ei, AMEATC.AgASPRXIX BOND . . . . faiPiiiiaipaktuteindtdrongiw oitarrv.ANEt INikiatt titil04,18#:,c)VMA1tYLANn 141 eoom1rop du i4,:unacothoI04 °foie.Stale ofitUnois as tut*'01i5vitt;tit#tkii44: VAriittaiUtnaulit0' Oty off(tAitton,Eie.ikk „ .. a )bbgec(hereinafter 'Aciteltiotalfgool,ktiwsunt-4.rearpgio*0-07totalAitittiotOfd Dollatt '1.6%of Bid „ . raffitotoOiailtalitilatatitaW4 and liutylio be made the saitOtinct* *tct ot.*oit74 a#0%!lid'oursetves our heita,i:aaatattus,,adininllititam #OefiZaata 601,-.0akas,1 j #0440.044 NVILEREAAtheTiiiitipal has sail:ate:a aid for ;014 I Resldentlat Ovetlay CNo i743 . . . . . . ... ..... ,Bid.Datet tjt4 . , „ NO%TBjOR ,rf tite 04g041101I accept the bid of the PrmcpaI and.11totzittOipil shalt enter ton*alOt with the Obbgc i accordance:voitittxte terms ot*h 144.4na.g#0-11.4060 or-**411400,040:4114*04444 dee*prot*icto1en*,v4*good and ttffient stfrety for rh Oairal Oaiitatimice;at sualcorrtract.aad.ibrit*prigapi AO*driikat.66*aterial faraistat in the ttrotootligi'keficit or the avent ofheFaihnuof1he Pzncipai t enter Wgit*:WW:40 and ge s#417otiti trI0.4aigthePiltaipal shall.pay to the Obligie ilmdift44-64gat ta,00.7.-.eat the per*Ity—::Ixaraofhat*aap*a.'ataap#14040.404 In sard bid $461i.larger 0*-.011.4'901414:e.OW:00*y 41074 rob 04v4ctvilth another party to ieffigx.rt the work covered by ggiiftkikitrettthiS tagaitoti shat he and*ad 00.,*A 40, -gtgt.i.-4407-44.441/44*.tito ,dayof .0.049ffittet. — 2o/a f4x4.-Am,r-gi: ASH . . . „ 7.„,0-EAT4 ad.1 , ,ect,o,a41„, ;:vr ,nouttryottoopos„uompory.opmiwwico, ''Po4i.e2i4birtulateat... Robeccakimag4faatos, . :„,,ogorto4n#-Facg.: t4, 0101.00101rtititt CALIFORNIAALL-...PtittPOSEACKNOINLEDGEMENT Go**CODE Vitt •,..,„.„,.:.. • 4:440A,i10110.0.etiiher.0::M4oicompteikohis,c4igiii;atAoitiii itio,04114*•044‘0 fodilli4u44hitiltignedif 00:490**:*14,411*,;podigOtfOIT,Atti4hod,oitio-ek thettittitaihegt.:4danicvL or vaiiiifratAdiloctimett. , . ..„.. ,.. .ttat0i000.1g1001. ,C0tir,V,Of Riverside 0 ty.,.._..,.,:fdiltywAAN1,11140.cut, •botortune,Seth.Aitieriditatigiley,Nontry Public , itierwliWatnatrwatitrawitite emcee .. , , . pereonelly4oppeared EdWerdl.:0:01.kttArid:Mtclitel Fer.kas . . -' - — -' wittio,Kaft[trpiK ' " • -.' " " " " ' * ,. . ......, ..„„. _...„.._. ,.. .. ... . „ ,. „.... , ,. who proved tbi•me oh the,basis:cif OW MOO AtgettOe 10:be The , . .. Persort(4) Whose.601104. it/4ffir tOb4OtibOd to the ',.•within'Intrum: ad 'di • ' -,It,...:, ,A_,**.,-,.•,,,,,.. lkitaiitotibite,tiotithtl, - : ,.o0 !.40.4110wrogqd to me that,,tocenei,' "" Mey executed„.: .c„.=:sole,.; I --7;11,4-,,t* '„!.:I'ktrvOifitiOffinty, :1 414.400.1110fr !0.-.4tottf ;o.agaoimdtl, arid' that: by ,S0vcitOeir yi 2:-.7X-11.,,-,,,. cs.°.#0#0iiiii.#1.)1Zari 100.40,(0)Olitflgat14110ttitthe pereOCK Offfi[e 0bey..:upon;belief : .,,,,:!.1,.!,.....,,•,,f4Y.S.906:40t,1**7,1A::,.02,4 : gfsyti. iottm.pettooj acted executed iterurnent f.op:rtRittodot."P•Orf.Aoy OF PENURY entierthe laws Of the,.4taleyor' . Al.d0.41.4.010..f#1,4 ticgtfg.P,01•0,-.04:01,i,1$tree and correct ... , iikONM: :• .and and!ofifolostia „.. . .. , swiatu: ,,..:1 III ,,,,11,.(r.,•_,'.:. 'LIU,,' x - 14.03):44.044.4.0.4 '•:::• ' ' - .- ,sloaturaatittmoogrp.' .-•,,.• .-,.. i .„ .... ioNAt - -- lhoetfOliminfocce[0 obet*teicerbooreo[40*,..t nieiPe 8104001w:a persort*ingionineldbpremee . .aiiiield'irireiehtfietkititee,,removeendireei*finient.otmloonclognotnedOotAect • . ::. 000:-.0,1006 Of i.AtteOtteti-DOOtinteitt .„. littworTypoif botortient Bid Bond . .. . .. , . - . ---- 111:21.i2S' goorpent Pf.kttx — -,, ,,,::,., .,...... Netter orP4ges: 4. . .Signer(e).Other'llion.iitamed Above:, ri‘OtoccaaArBatoot.Attg- meTin Ea ... ...... ....„„.. ... co;lotypasyciarmoititsjoporol Wees14:4414: 'Edwarill:04d-tod $101_03...NO.Ket...._ ..11/II0441,Farkas:. ,. oldid** . IndiViduer 10-0,.:114:,14*;,.0fOget-1104 .. YiP.747.:r.e41.0f#' . ixeerporate,Oftleer-Iitfe(e): Socretatu 1:1 Partner 11 c tinted a:Generat ti Partner LLeii,k6ibld.-at enerat : , . RIGHT THUMBPRINT : - -•'- ''-"- . RION I I HU?A9PRINT c Atiornorin Pee i OF SIG;‘1ER dAttliNTIGY in F010 OF SIGNER .:E4Ittitite ! 7491ftinbit00 .cirrtiVe0 a Othe? . ! ' q!.Clitien,. •.„! -•:.:::!— :-. ,. Signer iS Representing . ., ' [A otconA -bet Amen- t.f..e.•4lft;halt .. ........ ., - ... „,............„._...,.:,...,. .. , , . .. !:,. '.:-..t..,.':''7::7-...; v. -f. ::::,.'..-:'"•:'-:"•:`-•...fftt"...r.';',-:---„,.:f-',fT" .:F.•.E.:.:.-.-.:..•,,'-__1----L. -.-.,.....-1!•F-,-.!..,_„-...., :. -...:••;::.: ....... '-'1-':_._'.:,.'.,'., ,• . . i 040040.414414.000000,AcKetowLeciasper :CRaLif-:*,a 1 41489 :t:,,....:<6.......,;,...:,:.,i,.,..,...:,:!,,.!....:,.,f7:•:.,:i,Z.:4•711.::';'....Z.FA:.!.:',:,.,,,,...:-..A.,.,..-....,..,-,...;.',,,,,,,,,,,....,:s.',.-....::..,v'... ::.:.,'-...,..:F.-,u.,.''-.,..,=::.,.=_,..'v'..-:Z.,,,.'..',...::.:.z..;a:.;,::::;,S.':',..:;:,:;::. .::..i•,..:::;...:,,,..,..,.'.,":. ....:.7...,•,. ... . , . . ' . .„ , ,.,....... . . , .. . 14,e1106.4 pgblip?or*her PO4t;0901t*ttig this certificate venues only the identity'of titif individual who signed the -, 04...0040f.fa.,101.044fits gotiffOtit01;s:ttotaletk.:initittiholruthftifne*jagotirgg4itv4iatfitof that"croctitneht. ,.. .., ..: ...„_. . .... i- State of I County of Orange `).: On 2:1147/1/41,1„..... bttoretiei,41,-.tklkatcottoltn*oz.Notary Public ., . . Date kierO:h7OO#6404 and ria of Officer .,Ettoirsgelailk appeared Rebecca Haos,Hates. . . .. Name().of h70eir4 who proved to me on the 14,01.4,,of'satisfactory evidence to:Jigli,the Pqa709tit*whose gatt-Obl.;:tvt4 oubd.aig;444-1q,:th**Pit instrument and acknowledged to me that:-,*10.t*1104'executed the same frit Wii.4... 47 authorized o,apot 40:01,44#4ktti#1*, id..-:irstiii144.0tihOitletrurifentthe'itieM 00'..* 4014 entity upon behalf of which 411q094.#1(oX 4,41.01.,executed the instrument . . 1 01/401tY tiit'40fPtwitv OF Peomiyottootheimvs, of the State of California that foregoing 01040415h ' is true and correct . . .. WITNESS my•hand:'and A0041. seal.:•.. ' ' ,... .. , ..,-,..-.-,,,44 . ,4.,1,4W.Ocipt,HFmAtl.,04 .:, ,.•••- ...— ...: ...: • .." : • ... . .. . ., .. ., ,-.••.,..;•_::. 149.0..yptibil ,:41kora , ' . : , ..., ,.1--..-.. ---"; -Orange tow. 1 $rgnatt;re --' ----"-'" , .., „.., ' ,.....:: 7•.'7 .q4Y:......'00,0,PON4,11-61,-424 ', Signature ofivotoor.Pahito :.., ..., ,.,.. " • . ........., . ...... ... , . ,,,, ,, ... . Place Notary Seal.„ . • „. . .... ...:.,._.-,. ... .. —40110104, -• • • ' ' ' -- - -- „ : 711944941 this section toM01100 this Itiettat/917,Paq-dotgralteratiewotttio,erdoilitett or 'fit*Alleirtnt.1.#14.01.701Wpf.:0*form to 011.tiobtiold00'4:601070:* P0.096100....0#4r.Attached Document. Tfutt•or lcYptie,.(4t Document . Bid Bond,,.„, '• Document Date: 12474013 . . .. 04.11.140,of pg,90,0::: One(1) .,Signer(s)lifter:71.44 Narrteif Above.M.;.,'.....-AP..:.,.4:*484:40441t .., ...„, ..... .. Pa Paatif tio1-4.'00004 by.sfOriet101. Signer's',.00010; Rebecca ITagaBate§ . , Signer's Name: l;:t.C.0004t*gmopt;--..11troto . ticititorittolootriadr-,,rifle* • .„ .. qPirtnor, a.:41iitetti tt,:.eetteifat .: • •.. .....•.. 0- fttto.e0,•-•-,. r_litiintteo. :o General : . CI itildwkWid St Attonigy*Pgot .4110-01010.0al 044XimIost In Rot pirru,s100. Odttattitiatt. or Conservator 1:1144100 . 0 Otlatilkip or,:Conservator o O itioe , - - - - - , , ci oiiide.. Signer Is Representing: _ . ._ - SignerIs Representing:...., .„ i'4140. .tr..and riptiOOt'OI40:th*Kor-M01441441T . . , ,„, ,,... , ...._.•.•... .....„. .• . ...... ................ _. .. ,. .. 00.1)Kitaitattatgri'Ai#41004,imogiagotoilwfw.ov:uao.,,uatioyARyty40. 871 Item t,.4tot EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in Fact, The ChiefExecutive Officer,the President,or any Executive Vice President or Vice President may,by written instrument under the attested corporate seal,appoint attorneys-in-faetwith authority to execute bonds,policies,recognizences, stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I,the undersigned,Vice President ofthe ZURICHAMERICANINSURANCE COMPANY,the COLONIALAMERICAN CASUALTY AND SURETY COMPANY,and the FIDELIIYAND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the ibregoing Power of Attorney is still in full force and effect on the date oftbis certificate;and I do Anther certify that Article V,Section 8,ofthe By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors ofthe ZURICH AMERICANINSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal ofthe Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors ofthe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day ofMay, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY W.EIEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 27th day of December , 2023 . p � O °SEAL`" o a SEAL _ S Thomas O.McClellan Vice President TO REPORT A CLAIM WITH REGARD TO ASURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 yeoortsfclaimstlalzurichnacom 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichnacorn or 410-559-8790 ZURICHAMERICANINSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State ofNew York,the COLONIAL AMERICAN'CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois+,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murray,Vice President;in pursuance of authority granted by Article V,Section 8,ofthe By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereon do hereby nominate,constitute,and appoint William SYRKIN,Richard ADAIR,RebeccaRAAS BATES of Irvine,California, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fidly and amply,to all intents and purposes,as ifthey had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of tha FIDEI TIY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of October,A.D.2023. i Q osEALai ; e, un"IIIP��, / ' mint ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND :TO,t"By�Ro iS, *ay •'•4,a aVceF i h -440 7r • D ` eta-VFWar6,yland • County of Baltimore • On this 11th day of October. A.D.2023, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instilment,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and thatthe seals aired to the preceding instrument are the Corporate Seals of said Companies,and that the said Corpoate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction ofthe said Corporations. INTESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and yearfirst above written. Genevieve M.Matson `°a SE,uy, OENEVIEVEM.MAISON HO►SYPa®le 9AL71MORE000MY,MD ya,� _tth'S ltiCammkdenlagaw MlARYff 2a25 SI %,%% Authenticity of this bond can be confirmed at bondvalidator.zurlchna.com or 410-559-8790 FeeZt-' 4.41)*.ly 49:;:z44 Pq0r0400,V1K: Vie 010460'Ns#1,0,00,04.CieliVe4 fizOtitkrbèr.77:400714140 613141.110000.00t . , PoINOtOtt, Ittighreitti To!. V..0.morT .0.ijped tiiebyz 3.4vV* 'PAllier4143catlam 3o-t0 WO* Fegg.cPtip*Omtnktit Spedifi4WidittO '„Pitiir,0010440- itiOtritiiotootEikt141 Oalivptyxtotal Jeri 540244)9146 „.... , _ _ • ._ - 101061.0404*. Z74601141944 • ritit*; WOO* AS 1.13/021KG: Slipper; ..+110.47MNOTOKBEAciii uSf.: OOU "..RefoOlia :.004.7 1104 BittPAdilAirir • PodemiPiett:Ofo00401.v40de1áisapperipw evr1194b1.4441k,kclitrePify40/0101110.fOtfitS 0013,19,11t: Ple,Asq00...P.k;90h:taeror a4ignaium 11:11Egikru fprOposogifedex • r } ,.hi 1 aaT - z .-s t� s . y :' ^ i1 d SRn x:7n �N, " ° + r- .,' r ' s* — ` v �*i'+ , ., Y , �. F . `j a T 1. • . �{ " �- . `;Z t+lr .. .. - ,. �..E rY t '•4a? ems„ , * ALL AMERICAN —ASPHALT— AN Lqf..OPPORTUNITY 0.1lOnli P.O.Box 2229,CORONA,CA 92878-2229 - TO: ' L Gly or /�.-14, se4CL l,,b"c tdd.vs of{%ce 200o I ic.4j Siege f fqf, f-a Beau, cA g24y8 • RETURN REQUESTED - ' 1. NG7 o��� c_��G'"e? t City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov �� • v�GF`` .o~o o �\ 0o Office of the City Clerk c�UNT1 It' Robin Estanislau, City Clerk March 12, 2024 Hardy & Harper, Inc. 32 Rancho Circle Lake Forest, CA 92630 RE: Residential Overlay of Maintenance Zone 1 —CC No. 1743 Enclosed please find your original bid bond for CC No. 1743. Sincerely, 9,44/.44/444) • Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan /,As tv j ... l CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS • for the construction of ZONE 1 RESIDENTIAL OVERLAY CC No. 1743 in the CITY OF HUNTINGTON BEACH • J . .11 2000 MAIN STREET HUNTINGTON BEACH,CALIFORNIA 92648 (714)536-5431 BIDS ELECTRONICALLY DUE: January 9,2024 at 10:00 A.M. NO LATER THAN SPECIFIED TIME CHAU VU,DIRECTOR DEPARTMENT OF PUBLIC WORKS SECTION C PROPOSAL for the construction of ZONE 1 RESIDENTIAL OVERLAY from PROJECT LIMITS CC No. 1743 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and • agrees to perform all the work therein described,and to furnish all labor, material, equipment and incident insurance necessary therefor,in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 70 working days,starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily.completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. c-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 Bidder's Bond in the amount of 10% which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here,if any: Addenda No. Date Received Bidder's Signature C-2 SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 1 CC1743 Ite Description Quantity Unit Unit Cost Total Cost m (Extension) No. 1 MOBILIZATION INCLUDING CRACK SEALING 1 LS $ lUM $2nQ,DIY) 2 PREPARE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) 1 LS $ZSbDD $ 2,cDo 3 INSTALL&MAINTAIN CONSTRUCTION BMPS 1 LS $ZU,cco $ 'nn,rf 4 CONSTRUCTION PROJECT TRAFFIC CONTROL 1 LS $4I9,S0O $4I4,SDo 5 TAPERED EDGE COLD MILL AT 0.12' DEPTH PER DETAIL 34 Unsay-) IN SPECIFICATIONS INCLUDING DISPOSAL 700,000 SF $ 1) $�i30,WQ 6 COLD MILL FULL WIDTH OF ASPHALT AT 0.12'DEPTH 350,000 SF $ Q 3'k $ I Iq,cb INSTALL 1-1/2" (0.12'1 TYPE III C3-PG-64-10 ASPHALT CONCRETE OVERLAY 22,000 TN $ 120 $1,(A0.OOC 8 FURNISH AND INSTALL PETROMAT PER 32 SPECIFICATIONS 285,000 SF $ 0. $ q i,icD REPLACE AND ADJUST WATER VALVE COVER TO 9 GRADE 265 EA $1,I I 0 $ f+��In i I,55DU 10 ADJUST CITY SEWER MANHOLE TO GRADE 155 EA $ I2C}(�- $ I g(e,ON) REINSTALL ALL EXISTING TRAFFIC STRIPING AND 11 LEGENDS TO COMPLY WITH CURRENT HB CITY STANDARDS. 1 LS $5p,pta $ S D,ODt' 12 ADJUST UTILITY MANHOLE TO GRADE 10 EA $l.2nn $ 1?ii(= PROVIDE SEWER MANHOLE RING AND COVER TO 13 REPLACE ANY DAMAGED RING OR COVER (ALLOWANCE) • 5 EA $l,5nb $11Sl c PROVIDE PAVEMENT REMOVAL WITH 2"(0.17')COLD 14 MILL AND INSTALLATION 2"(0.17')CLASS B PG 70-10 AC BASE COURSE AT VARIOUS LOCATIONS 40,000 SF $ ' $ it:ADO° TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A $ 4.411 ,OaD 00 C-2.1 SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 1 CC1743 TOTAL BID AMOUNT IN WORDS: pug M LtsnN, Dt112. Rl]isi n_4Gv S F.4a 1-4 At ISit-A10 DOLLAas. Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 j 1: GE � ONtRACtO met e+ E1t�� i and . • bum�� i� ►n�tor who�pe tm wot or er se ,ce: if � n iI�cOI t am tin ems ef'ane• 1f ' *, a of the total $ O O 4 Cr IS ale m t p ot7.tor e�vor in J. to �yy#�ypq��(yy�ry /lyyy��y : •J '> (I �i ,��j �'!�.M„r fi`K^.,ctor I2ce N7e' j �W • ,,�.� �4 N x ,•. ;•,.,..,. ..,„- ,, ., t,•••••, . , , , . • 3 k - ; , 4„ Ajp .�',,.._.:.r' ,.,✓z s...,� . : .,.,x 4._ ',..,t3...o n.aarxia^^... ..,..,.>m c, -„ ,.�-,%��t �,tt_� ,. ...... - .,d .,.... ..,._ • :':,:q!''''': . . . ,.mc, :;;;.li'''::i, : , • �'. m�$ . • . t}Ve°su o CtOri ft, x 1 :r7�C i �S e[A i. tt � �ti t tS �tQ� l i tiONCOLEMICIN Arrinikwr IftiRliZMITOBICAMPEW .1, $ooMITM Wtrtf" BID 4.0.140 Ot14,010#0,4:4,*40,1Y400...t.*100 ,,thoSS,W.-:et the fgrtiMkt true 4:4&060000114440,:,400.10,611:k,Olidditaid on.11212414 t Lake Porett. 00.2: ,istOto to1.4flot.4.011tow040:400,00 44y.$*0;$0447•0i-ol Vice.Vtesitletit . . ,t,Titt4 A Hur064.Ifid, ,4,4 .0.0.tyroodkt the. interest or#1:thelhih40,44OhAh1004'04.00m • • otrCaqi omota00-i,og-4*40i*ott corporation:that the gooti41:0 and not or that bidder has not iliaity,Uritiditettly kdO4Ottotitattf.itild UttjOth.4t WOO t4444,„:44:44$:rldt&reetty or tndiret1y to1hide cnspIted7•,04,0t40,4 or 40400 withf,uuy1i4.44 or anyone:gise,.to put bi w sham bid, oi thailAttyriiiuthut.l .refrain from bidding that the bidder has ;net in manit dirtaly or inairettfy:4 songbt by tioo:eto.4, ofrottlook4tio1oroorcrorogo.with owrog,to t the 44:riti4J gtrthi.Orgtv*horihWO m10 secure any advanta&e 4E4Ott:thaptihtit body, awarding the cantradt ofkauyo tietiodioldittoctuq,tittAt1 statements,0.044. hi:ail:I:Aid bid 47,t W10;4'41,14,,11irtlz that the bidder La ttot,argo0 pitii•thtligotity4414104144 otUrt4400,Pr,Agyhrg4101gym thereof or f4v00:g or divulged.information or 41diu„,r0,1utit0 thereto.. or paid and.v4t1 not pay fee to any :6*000ti*,,'patokdi.ijt:ottioq orooiati.64/40011igitik bid itepditotyi ortoany member or 4Vtit410.004,OtOtga* 000Vg-.0t*No WI, Ittor 140#7.10.010400 1V1i4hiit:MLAS:Oy;10:: It'onOho OrOtei t,;oto 1044or „ „. UTILITY 4GREEIVIENT go:NoRE Atik—Aat,ANIY:al= cOtalat4 cErVos' !,}10741114-010N CAUFORNLk drgiOlig...04t-hett*PM-170$0 Anctagrees Mat the Perforblance dike work specified into eontrae ,-knowrfastheZONE IRESIDENTIAL OVERLAY,(*WOO.)will employ and fiat ',Doily 40060 perns,<Eihoriirt4itrdeillidd,to Werk-iproxivity tøan ele*exl PgcnnOurrør 'transmission 440. je$*, The term- "</1441itled Persee is defined 'I'm Tate "f,` California AdminiStrative COO, sects 2700,AS,fblibwk "0,u41140 Y'argon ..Apen whc4 bir reason ofevertenee orindavetian, tsftékj a:pOrdlianla peOrntedand thehazareli-ilivaiTeet" The undersigned also promised and agreeslhat suitt Work hall be perforate.,t in,a00-aanee with all apnireanle'el-ear/OW 1,4114),:ebitip*TYla retitifteiVerlt4 eorottdaaion'orders* ,arja$,tair of(VA Cal4OSHA requirement& The xodersign' ed:further Problise$4nd..egree,"that theTrOltiOolls bereimshall be and are'biodin$ upon any subcontractor or subcontractors EMI ma be retained or employed by the undersigned and that the unaditlitid.4 shall lake,40.1*a t-g necessary to assure 0.47.0140c by any subcontractor Or stiOenntrantnmwitiOne requirements enntitinedrilereim Fiardx-Bit lierPerAno, COntractOr By Michael'Murray,ViceTnesident Da*: Ititit*Y 2024 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes,explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURAr4CE CERTIVICATE Pursuant tOSection ta61 of the State t,abor Cod4eaeticontractorto whom a:lintilie,WoriiseantraYer eha heeittnifterded Sheitsitttliefatin*ing rtifia'00,.. I am aware oI tbe tfitt,'AiiSiahS Of Section 3764 Of the Labor rade *hien require,every employer to be;mired saint riabilit) tar worker's compensation or to undertake insurance m accordance with.the provisions of that code,linti,1 wilr comply ,with such " ber-elt Otte:440g tO.:Perfatiti4rio Orthe woikatt*,.edottatt. „?. J. Rattly-4.1itirget lite'. Contractor 1PY.. . Niieknelldurra3Citiee President . Date ifirtuary2i,12M4 _ „ . Itint)Ele$INFOWATION .1410,1)Ett tetiffiessitialhetotteNving flar4Y:',4„,t14.1004,4070,,,, _ _ 32 . " . . . Ranho Cirete ti1(02#06't,CA9231 Sttkto: „.„).:444;f8tt,„,„.„„ ,,„..... „ „.„.„„,.irunixtrAyOti.iitdyadditr. p7'044biti: 17:,d.1,phott.t.:•*.ittibtr Enad Address .• „. ....... „...... . . „ State con orJuseo h4 CIO „ . ..„ din..:tt410 11/14:1102$ EXP.00,00 The The feittowirtg,aremtrsir 'fl**1'..J.t00..640-ttll*44;1 0.1.?-1* priucpaI rntetest in this propQsalsal tfir-644 1\4111act„MiAtrAy T.400 : ..• „: The,:utidetsigotd t .ptivtire„4 044itlarti to vott6tot*to-40:ottot tot the propoi#00w0.1..k 4:04 ilio,pro#0.1x4o0 rn 04:ocird.400Je.01,-0 nrdY&IlarPerfInc,.. „„ Cootio.rtyNrotg : , . i.U.0114.dt:biorrayOfttft.g.0, „ NOTARY CERJIHCATE siabgttibaind:",toiotttabff'O'tttTio:t:his,1=g; 1;z111111tY, 024 of other officercompleting this.eertlfieare.verifies- 4)-AO,the deatit i ,y;., lho„ Axt0tey 1401k or .41dim *11,44 Aflo :01rt e4,the 115,'*rtit4, :tettrAitc *,awamepri ad nokthe 4e: tir*:Af-Virift-ilfitittlxittcomettti, tut:4 bt. canto-tin* ,Ceiiiity Of '•Ctfan—lie dc.- 14---otiq- Agyffe... ott lanuazy3f.:2024 bóf flie d3ñE insermareemdt1oay- iNalPit*lea.ignreAs1 .• _ z .1400,pro*.011.16,Int0t$tit'' basis Of:ad, itte_tery cte_nee_ bed'ufficrwilhgl instrunteritand aeicnoiote4g40;p0h4Chg14*102.ey executed the same inottonton040, the- titity-tipin behalf of which the son( totedo=eeeete4*elestp1,,. i Bert ..-ohde-,;t,nit.41,& #tto,jtriky- undet,the, laws of the Staie of tii1virx„ that the 16-te-gotittLaagtoliS1xopanclAogeot, 04;44,44-41.*10 7 )kirtsitSS',4*.yi.tios`..:ond offi 16644 aratiStiOnS1 1 ' )4441,7-0: SIP LAtt StAABOVEI Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Overlay Proiect of multiple residential streets."1. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. City of Manhattan Beach- 1400 Highland Ave,Manhattan Beach,CA 90266 Name and Address of Public Agency Name and Telephone No. of Project Manager: Gilbert Ramos (310)802-5353 $3,110,000.00 Street Resurfacing September 2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: • Survey, PCC, Catch Basin, Utility Adjusting,HMA,ARHM, Cold Mill, Striping 2. City of Nowalk- 12700 Norwalk Blvd,Norwalk,CA 90650 Name and Address of Public Agency Name and Telephone No. of Project Manager: Delfmo Consunji(714)686-8911 $956,000.00 Street Rehabilitation April 2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: PCC,HMA,ARHM, Utility Adjusting, Striping,Loops 3. City of Fullerton -303 W.Commonwealth Ave,Fullerton, CA 92832 Name and Address of Public Agency Name and Telephone No. of Project Manager: Rafael Chavez(714)932-7506 $1,204,780.00 Street Rehabilitation February 2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Reconstruct Sewer Manhole,PCC, Cold Mill,Slurry Seal, HMA,ARHM,Utility Adjusting, Electrical, Striping C-to Hardy& Harper,Inc.Past Project References OWNER/AGENCY CONTACT PROJECT NAME,AMOUNT,&COMPLETION DATE City of Manhattan Beach Gilbert Ramos Cycle 2 Street Resurfacing Project 14000 Highland Avenue (310)802-5353 Contract Amount:S3,110,000.00 Manhattan Beach,CA 90266 gramos@manhattanbeach.gov Completion Date:September 2023 San Bernardino County Lany White Rain Shadow Road and Other Roads 825 East 3rd Street (909)663-7599 Contract Amount:$830,000.00 San Bernardino,CA 92415 1white@dpw.sbcounty.gov Completion Date:September 2023 City of El Segundo Floriza Rivera FY 23/24 Pavement Rehabilitation Project 350 Main Street (310)524-2361 Contract Amount$1,635,000.00 El Segundo,CA 90245 frivera@elsegundo.org Completion Date:July 2023 City of La Canada Flintridge Nasser Shoushtarian 2023 Citywide Street Resurfacing Program 1 Civic Center Drive (818)790-8882 Contract Amount:S 1,060,000.00 La Canada Flintridge,CA 91011 nhooushtarian@lc£ca.gov Completion Dat:June 2023 City of Palos Verdes Estates Monica Pango FY 21-22 Street Improvements 340 Palos Verdes Drive West (951)475-3625 Contract Amount$1,138,000.00 Palos Verdes Estates,CA 90274 mpango@hrgreen.com rrgreen.com Completion Date:May 2023 City of Norwalk Delfino Consunji Local Streets Rehabiliation CDBG FY 22-23 12700 Norwalk Blvd (714)686-8911 Contract Amount:$956,000.00 Norwalk,CA 90650 dconsunji@oe-eng.com Completion Date:April 2023 • City of San Gabriel Alam Mai CDBG Street Improvements Project FY 22/23 425 S.Mission Drive (626)308-2825 Contract Amount:$490,000.00 San Gabriel,CA 91776 amai@sgch.org Completion Date:March 2023 City of Fullerton Rafael Chavez Residential Street Rehabilitation 303 West Commonwealth Avenue (714)932-7506 Contract Amount$1,204,780.00 Fullerton,CA 92832 rafael.chavez@cityoffullerton.com Completion Date:February 2023 i City of Moreno Valley Quang Nguyen Pavement Rehab.for Various Local Streets CDBG FY 21/22 14177 Frederick Street (951)413-3159 Contract Amount:$2,444,260.00 Moreno Valley,CA 92552 quangn@moval.org Completion Date:December 2022 _ City of Grand Terrace Kamran Dadbeh Pavement Rehab.On Barton Rd,Van Buren St&Vivienda Ave 22795 Barton Road (909)824-6621 Contract Amount$570,000.00 Grand Terrace,CA 92313 kdadbeh@grandterrace-ca.gov Completion Date:September 2022 City of Downey Desi Gutierrez Residential Street Pavement Rehabilitation Project,Area 1 11111 Brookshire Avenue (562)904-7110 Contract Amount$2,875,000.00 Downey,CA 90241 dgutierr@downeyca.org Completion Date:June 2022 City of Orange Youichi Nakagawa Prospect&Spring Right Turn Lane Modification Project 300 E.Chapman Avenue (714)744-5572 Contract Amount:$920,000.00 Orange,CA 92866 ynakagawa@cityoforange.org Completion Date:June 2022 City of San Fernando Manuel Fabian Pico Street Improvement Project 117 Macneil Street (818)898-1243 Contract Amount:$465,000.00 San Fernando,CA 91340 mfabian@sfcity.org Completion Date:May 2022 City of Downey Desi Gutierrez Residential Street Pavement Rehabilitation Project,Area 10 11111 Brookshire Avenue (562)904-7110 Contract Amount:$2,355,000.00 Downey,CA 90241 dgutierr@downeyca.org Completion Date:April2022 City ofJurupa Valley Desiree Flores 2021-22 CDBG Old Mira Loma Pavement Rehabilitation Project 8930 Limonite Avenue (951)332-6464 Contract Amount:$810,000.00 Jurupa Valley,CA 92509 dflores@jurupavalley.org Completion Date:April 2022 City of Anaheim Lorenzo Rea Residential Street Improvement Project-Lotus&Tony,Group 13 200 S.Anaheim Blvd (714)765-6893 Contract Amount:S5,806,000.00 Anaheim,CA 92805 lrea@anaheim.net Completion Date:March 2022 County of Riverside Hector Davila Fisher Street Resurfacing Project 3525 14th Street (951)955-6885 Contract Amount:$785,560.00 Riverside,CA 92501 hedavila@rivco.org Completion Date:February 2022 City of Chino Hills Carl Hassel Village Center Drive Pavement Rehabilitation Project 14000 City Center Drive (909)364-2817 Contract Amount:$408,000.00 Chino Hills,CA 91709 chassel@chinohills.org Completion Date:December 2021 _ Los Angeles County Peter Sanque Pavement Reconstruction(Sustainable)North LA County 900 S.Fremont Avenue (661)947-7173 Contract Amount:S 1,873,929.57 Alhambra,CA 9I803 psanque@pw.lacounty.gov Completion Date:November 2021 Hardy& Harper,Inc. Past Project References OWNER/AGENCY CONTACT PROJECT NAME,AMOUNT,&COMPLETION DATE City of Loma Linda Jarb Thaipejr Pavement Rehab.on Barton Rd,Bryn Mawr&Orange Grove 25541 Barton Road (909)799-2800 Contract Amount:S462,590.00 Loma Linda,CA 92354 jthaipejr(,alomalinda-ca.gov Completion Date:November 2021 City of Norco Sam Nelson Sixth Street Widening 2870 Clark Avenue (951)270-5607 Contract Amount:$785,000.00 Norco,CA 92860 snelson@ci.norco.ca.us Completion Date:September 2021 City of Irwindale Luis Pimentel 2020-2021 Resurfacing Project 5050 N.Irwindale Avenue (626)430-2259 Contract Amount:$544,311.93 Irwindale,CA 91706 lmmentel@irwindaleca.gov Completion Date:May 2021 City of Brea Steve Kooyman Imperial Highway/Berry St.Intersection Improvements 1 Civic Center Circle (530)318-1066 Contract Amount:$579,648.80 Brea,CA 92821 skooyman@interwestgrp.com Completion Date:May 2021 City of Colton Jess Sotto FY 20-21 Asphalt Paving Project 650 N.La Cadena Drive (909)370-5551 Contract Amount:$2,695,493.64 Colton,CA 92324 jsotto@coltonca.gov Completion Date:May 2021 City of Burbank Adam Salehi 2020 Street Improvement Project 301 E.Olive Avenue (818)238-3946 Contract Amount:$1,253,099.98 Burbank,CA 91502 asalehi@burbankca.gov Completion Date:April 2021 City of Oxnard Renee Hatcher Thin Maintenance Overlay Project Phase II(Rebid 2) 300 West Third Street (805)385-8280 Contract Amount:$6,550,000.00 Oxnard,CA 93030 renee.hatcher@oxnarca.org Completion Date:November 2020 City of Moreno Valley Michael Wolfe Citywide Pavement Rehabilitation Program FY 19-20 14177 Frederick Street (951)413-3100 Contract Amount:$4,080,364.90 Moreno Valley,CA 92552 purchasingdivision@moval.org Completion Date:November 2020 City of Cypress Alex Bangean Arterial Rehabilitation Project 230 5275 Orange Avenue (714)229-6740 Contract Amount$1,042,000.00 Cypress,CA 90630 abangean@cypressca.org Completion Date:August 2020 City of Banning Art Vela Street Rehabilitation at Various Locations 99 East Ramsey Street (951)922-3130 Contract Amount$1,451,000.00 Banning,CA 92220 • avela@banningca.gov Completion Date:March 2020 City of Ontario Bill Braun 2019 Fall Pavement Rehabilitation Project 303 East"B"Street (909)395-2012 Contract Amount$4,261,000.00 Ontario,CA 91764 purchasing@ontarioca.gov Completion Date:October 2019 City of Pasadena Tony An Preventative Maintenance Services 100 N.Garfield Avenue (626)744-7403 Contract Amount$2,424,216.00 Pasadena,CA 91101 tan@cityofpasadena.net Completion Date:April 2019 City of Downey Edwin Norris CIP No. 18-02 Residential Street Rehab.Project 11 1 1 I Brookshire Avenue (562)904-7110 Contract Amount:$1,808,000.00 Downey,CA 90241 enorris@downeyca.org Completion Date:March 2019 City of Westminster Marwan N.Youssef Citywide Residential Street Improvements 8200 Westminster Blvd (714)548-3460 Contract Amount:$1,452,000.00 Westminster,CA 92683 vejohnson@wesminster-ca.gov Completion Date:February 2019 City of San Jacinto Kristy 2018 Downtown Pavement Rehabilitation 595 S.San Jacinto Avenue (951)654-3592 Contract Amount:$1,818,000.00 ' San Jacinto,CA 92583 kristy@trilakeconsultants.com Completion Date:January 2019 City of Lancaster Luis Garibay 2018 Sidewalk,Curb&Gutter Repairs 44933 Fern Avenue (661)723-6110 Contract Amount:$1,976,000.00 Lancaster,CA 93534 lgaribay@cityofiancaster.org Completion Date:December 2018 City of Diamond Bar Jason Williams Residential&Collector Road Rehabilitation Project 21810 Copley Drive (909)839-7050 Contract Amount:$1,551,000.00 Diamond Bar,CA 91765 jwilliams@diamondbarca.gov Completion Date:December 2018 City of Tustin Mario Medina FY 2017-18 Roadway Rehab.&Sidewalk Repair 300 Centennial Way (949)394-8955 Contract Amount:$1,575,125.00 Tustin,CA 92780 mmedina@tustinca.org Completion Date:October 2018 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. Megan Kathriner Name of proposed Project Manager Telephone No. of proposed Project Manager: 714-444-1851 See Attached Past Project References Project Name&Contract Amount Type of Work Date Completed See Attached Past Project References Project Name&Contract Amount Type of Work Date Completed See Attached Past Project References Project Name& Contract Amount Type of Work Date Completed 2. Dennis Beyle Name of proposed Superintendent Telephone No.of proposed Superintendent: 714-444-1851 See Attached Past Project References Project Name& Contract Amount Type of Work Date Completed See Attached Past Project References Project Name& Contract Amount Type of Work Date Completed See Attached Past Project References Project Name& Contract Amount Type of Work Date Completed c-I I tetNier011 OIGIS;v ICALTEOMA DErARTMEn ckFINPliS„,TRIAL' PILATIONS:(00),CEIttUlOat „ . Pursuant t SB 854 Wiii4.'tdabOtCOde$00:041x 177144*p40.44,1*I4100,m4 jalgo*11:4* 0:1:1410:2C101,4-4*(5.00.04 wilowp09'wcylovorp#4,00rIt4gi*atipo-pr.:gr4tivwhigh requitces all'40UtraeUz0.and$44,,e9tirait ;biaciikt alid perfort rg work orNblit'0 000 P;v1:00s, to tt*st67 on an annua baa b July 1 go*Imo:AO state fiscal:1-year with the Zilifproia,„ 0:04, r:471001111-00 XeroOon$(D14 CuiTentiy.:the annual u`dr14.tifindabk';*iStiFatiottleet-Ot COnia-ttOtt 11$t.4.011Eath contractor 0.;.*-fibitt a public iNotbv-gott44t has been Awal*4 shall 00**Attom$ottatot; PAMlitirbo,54454 :.Esmotieweedistss4Fattshtitt 4.3t14,0e IXWs Contractor ge 410.nxio,—,04-atto$214,73:it .fittOillefiiing.dinica.sovtl3WCRIAetiOnSeivietlaetibdiSPIORWC.:04.tisU*4041E0Mt INIr ,'CoritrAOcit'Registration Searchable httikdiatifittak4IgAdAVW1.0004,0:10404 gin awarcaudi'vaitecau*witit the,:proxisiOnsof Lab&Code Section 1771„1(4)which states A MittuetorOrsubeotittagiorshan 110 bg gPallified to..bidonbe listed in a bid propos.* sOle4t161,h4 tOttLitOrtierittot Section 4164 betheP4b110-COMTAA'todo,:Otopooin tio. Poettrom.,*-of any lgortoaczuf4rptitiftologt*,4:44fto„o$Ip ts chapter;, unless.-qt4m0y, riggi4tc:gcl and qualified.f9,perform public work pursuant to*0.16: 1725 5 It is 40 a - for au tottetAtot000ttootot to submit t04:014tig othort/04by S*Ii0,47014 of the Otti*..444,0J0rolfolto.p4 cp*or kw*:444. pr261:03 5 of the Public tbu—t*f Codes provided the tblitaetOr registered pedorin.pfklielikOrk Vtirti# ett,01,:1325.5 ottb-0 titt*tbP:01:44.0 1.*Award " Iftittfietitoo*.e-onpiy by otitatotoo4ofe.**Aloti wit.kixR..1o$the primary obtmot.. as weUtfairAtt"§:i.Oeontraetorsati*e Anie f***14.400) . . _ . . COUtgetclt rnm utraY, . ,d1141P,PFA0.3V Email NlicbOttwi Vjee?teS:iikiit Date, lannary4t 21/4„ . MORgii:4470,4.0s,4400-00000 „ , I a . lb Bid Bond Bid Bead Number.CSBA•25788 CONTRACTOR: SURETY: (Nmrr,tgel Asher and add+eu) Nam,lgsd&Wm aadptirwrpalyam 01.....) . Hardy do Harper.Inc. Fidelity and Deposit Company of Maryland 32 Rancho Circle 777 South ligueroa Street,Suite 3900 Lake Forest,CA 92630 Los Angeles.CA 90017 OWNER: This document has important legal Vara,Issil rates and addrsa) consequences.Consultation with City of Huntington Beach An attorney is encouraged with respect 2000 Main Street its completion or modification. Huntington Beach,CA 92648 Any singular reference to Contractor,Surety,Owner or other party shall be considered Plural where applicable. BOND AMOUNT: Ten Percent(10%)of Amount Bid PROJECT:Zone I Residential Overlay,CC No.1743 Project Number,if any. The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their belts,executors,administrators,successors and assigns,jtrndy and sever*,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the rime specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the teems of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jueisdictian of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and. for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,nor to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60).days. If this Bond is issued in connection with a subcontrsctoe's bid to a Contractor,the term Contractor in this Bond shall bedeommed robe Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply witha statutory or other legal requirement in the location of the Project,any provision in this Bond auntlicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this day of January_X121 Film*dt Kum lot 1 lP►� 1 ls4 r t< l d f!//tOGlt (Iit4) !til! urr iei fell d e - _- _ • ridelity and n 4 • -fna ' lSant) (se .. (Wiraar)Melissa Ann acearo (rl)Dwight Reilly,Attorney-in-Fact By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers(NASBP)(www.nasba.crg)makes this form document available to Its Members,affixes,and associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that r l fa 5 3 P the original text of this document mnfortrn exactly to the text In AIA Document A320-2010.Bid Bond. • Subsequent modifications may be made to the original text of this document by users,so careful review of Its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate Is attached,and not the truthfulness,accuracy,or validity of that document State of California County of Orange On January 5.2024 before me, Moron E.Chumock.Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Murray Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a re subscribed to the within instrument and acknowledged to me that he/site/they executed the same in his/her/their authorized capacity(iee),and that by hla/b r/their signature(*)on the Instrument the person(a), 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 pamgraph is true and correct. WITNESS my hand and official seal. tr��� HORGAN E CHUlneooc S'* Notary Public-California Orange County♦ � Commission s 2377551 s, Signatu g /i�rw.y ----My— l- --t - - g 1 nat of Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Michael Murray Signer's Name: Corporate Officer—Title(s): vrtuti Pntritleint 0 Corporate Officer—Title(s): ❑Partner— 0 limited 0 General 0 Partner— 0 Limited ❑General ❑individual 0 Attorney In Fact 0 Individual 0 Attorney In Fact ❑Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy&Harper.Inc. 02014 National Notary Association•www.NatlonalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document, to which this certificate Is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange ) On 01/03/2024 before;me, Melissa Ann Vaccaro , Notary Public (Insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(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. `��a M COMM. 2401 n VACCARO WITNESS my hand and official seal. » ,. tt . �,.� Notary Putrlk.Calitornda w JJ ORANGE=wary �('�� 3 I My Com1a FxpnsMay 12.2021 Signaturel� 1 (Seal) a • Bond No.CSBA-25788 ZURICH AMERICAN INSURANCE COMPANY • . COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY.a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the'Companies"),by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in fill force and effect on the date hereof,do hereby nominate,constitute,and appoint Daniel HUCKABAY,Frank MORONES,Dwight REILLY,Mum AYALA,Sharman ROZELi.E OSTROM,Benjamin WOLFE, Chelsea LIBERATORE,Ben STONG,Michael D.STONG,IL NAPPI,Adrian LANGRELL of Orange,California, its true and lawful agent and Attomey-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed; any aid an bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as • fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at hs office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at us office in Owings Mills, Maryland.,in their awn proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8.of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 7th day of September,A.D.2023. fiaell4)\41110.71 eier;;FIZZ), - SEAL 45rtkEAl ‘444 �,,,.R 'a,,,,ow" '�,ww,�'P ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Pica President) , .)Oh Ohm, Z 1/4,4dil ,--1 By: Dawn E.Brower Secretary • State of Maryland County of Baltimore On this 7th day of September, A.D.2023, before the subscriber.a Notary Public of the State of Maryland duly commissioned and qualified,Robert A Murray,Vice President and Dews E.Brows,Secretary of the Companies,to me personally known to be die individuals and officers desisted in and wbo executed the preceding instmment,and aelatowledged the execution of same,and being by me duly mom,depose&and saidh,that he/she is Ule said otycer of the Company aforesaid,and that the seals affixed to the preceding instrument axe the Corporate Sella of said Companies,and that the said Corporate Seals add the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed my Official Seal the day and year first above written. • Genevieve M.Maison awamens N.KAtMMN S 4 WNW Brun 5 gi �" Authenticity of this bond can be confirmed at bondvaiidator.zuriebna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizanccs,stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appoinoaent or authority at any time." CERTIFICATE • I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;end I do further certify that Article V,Section 8,of the By-Laws affix Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the fallowing resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 199& RESOLVED: That the signatum of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under end by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the compaay and facaimik or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 3rd day of January , 2024 . Mryr., µp$IWItw_h:le.1150,"4081:1,:t 1*,01 ‘ki *iv„ I k‘ - SEAL - ' SEAL ; mrez,tix.1 • Thomas O.McClellan • Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 reportsfclaimsQzurichna.cam 800-626-4577 Authenticity of this bond can be confirmed at bondvaWhtor.zurichna.cow or 410-559-8790 i•< rc•:: MINUTES OF THE SPECIAL MEETING OF HARDY&HARPER,INC. A special meeting of the directors of HARDY&HARPER,INC. was held at the principal office of the corporation, on January , 2021, at l 1:00 a.m. pursuant to the call made by the Secretary and written notice waived by the directors by signing these minutes. Pursuant to the provisions and bylaws, DANIEL MAAS as Chief Financial Officer and KRISTEN PAULINO,as Secretary of the Corporation,presided over the meeting. The purpose of the meeting was to nominate and elect two Vice-Presidents of the Company. :: is Present at the meeting were all of the Directors of the Corporation: DANIEL MAAS KRISTEN S.PAULINO TESSA MAAS DANIEL MAAS was re-elected President and Chief Executive Officer, KRISTEN PAULINO was re-elected Secretary, TANNER HAMBRIGHT was elected Vice-President of Strategic Development,and as Vice-President he is hereby authorized to sign contracts on behalf of the corporation. MICHAEL MURRAY was elected Vice-President/Operations Manager for the • corporation with authority to sign contracts on behalf of the corporation and authorized to sign checking and bank accounts on behalf of the corporation where the corporation has established bank and checking accounts. • There being no further business it was moved second and carried that the meeting be i• I adjourned. DATED:January ,202i 6i1 ee" • DANIEL.MAAS,Director/President • • /1-4740.N.L..3)4, STEN P ULINO,Director/Secretary • - SSA MAAS,Director 1 1 _ _ CONTRACTORS • ! >b C 2 STATE LICENSE BOARD = k --^-rtd ACTIVE LICENSE 1 .,.. 215952 CORD .,,..„..HARDY& HARPER INC ..�.,A C-8 C'2 6...0..12/31/2025 www.csib.ca.aov - 6/27/23,8:26 AM Registrations Contractor Information Registration History Effective Date Expiration Date Legal Entity Name HARDY&HARPER,INC. 06/15/18 06/30/19 Legal Entity Type 05/09/17 06/30/18 Corporation Status 06/08/16 06/30/17 Active Registration Number 06/19/15 06/30/16 1000000076 Registration effective date 07/02/14 06/30/15 07/01/23 07/01/19 06/30/20 Registration expiration date 06/30/24 07/01/20 06/30/21 Mailing Address 32 Rancho Circle Lake Forest 92630 CA United State... 07/01/21 06/30/22 Physical Address 07/01/23 06/30/24 32 Rancho Circle Lake Forest 92630 CA United State... Email Address 07/01/22 06/30/23 cicamen@hardyandharper.com Trade Name/DBA License Number(s) CSLB:215952 CSLB:215952 Legal Entity Information Corporation Entity Number: C0443071 Federal Employment Identification Number: 952251022 President Name: Dan T.Maas Vice President Name: Michael Murray Treasurer Name: Secretary Name: Kristen Paulino CEO Name: Aggpgy for Service; Agent of Service Name: Dan T.Maas Agent of Service Mailing Address: 32 Rancho Circle Lake Forest 92630 CA United States of America Worker's Compensation Do you lease employees through Professional Employer Organization(PEO)?: No Please provide your current worker's compensation insurance information below: PEO PEO PEO PEO InformationName Phone Email Insured by Carrier Policy Holder Name: Hardy&Harper,Inc. Insurance Carrier: BITCO General Insurance Corporation Policy Number: WC3726115 Inception date: 04/15/23 Expiration Date: 04/15/24 https://cadir.rny,salesforcesites.cam/ConlractorSearch/registrationSearchDetaiis?id=a1 R8y0000018exBEA0 1/1 1, li E 5 x4 • E! 1& ORIGIN ID:NZJA (714)444-1851 SHIP DATE:05JAN24 rr't:7::;-14:'1;-.)1;29'4. :'4'',, i,47.,':titri• .'2,_ MORGAN CHURNOCK ACTWGT:0.50 LB rCAD:73918771INET4535 `t�HARDY 8 HARPER INC. I rr 32 RANCHO CIRCLE �`: ,!BILL SENDER 'LAKE FOREST,CA 92630 I °:+ ,UNITED STATES US '`TOPUBLIC WORKS OFFICE • it CITY OF HUNTINGTON BEACH ,yJ ;• 1 2000 MAIN STREET m r HUNTINGTON BEACH CA 92648 ' ,, "`,, (714)536 5518 REF: �°4 II , §NV: k •K P0: DEFT: F� , III DIIIIIIIIAIIIIIII11n11111111IIU11116In11IIa11 erZle ., Express E . I 111 i . ":111.1 otoes. . i5I 6Y2 MON - 08 JAN 10 : 30A i PRIORITY OVERNIGHT *" Thn 7747 0370 1 G56V 92648 V Z AP' Ar ._. � �. CA-vs SNA � v�.�r ' _ • "4 •i a -4 > � x • :„...4. : . \ i . . _.,„,..„,., ,..., , , . • x ,i *c, 7"I : ::.,.0.15.4;1.,: . wgie "pti,...0,-ivt, ,,,4,,, .„, „::„,,,,,It,„,, , ,,,,,,,,,:e „: ,,,.,,,_. , 4,'u-,? .4:,,,,„ ,,,,t,„.„1„, tt: .rvi.,! t4 4i 3i. f -• ---, 'ems -��!�+��..:_^_�,.+-.a.w,v`��.-.__ .�..:..-: _.__.. :... ___.._....-_. ..- .._-._... .;`�".i�.,�'�""� ardy & Harper, Inc. eididede fiaaisuy COa T.actaa 32 RANCHO CIRCLE LAKE FOREST,CA 92630 OFFICIAL BID SECURITY—DO NOT OPEN Project Name: Zone 1 Residential Overlay CC#: 1743 Bid Opening Date: January 9,2024 at 10:00 AM tg0o`���NTINGrp�� City of Huntington Beach it 2000 Main Street ♦ Huntington Beach, CA 92648 c73- - °= (714) 536-5227 • www.huntingtonbeachca.gov � �cF \ 1$� Office of the City Clerk COUNTY 1 Robin Estanislau, City Clerk March 12, 2024 PALP, Inc. dba Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 RE: Residential Overlay of Maintenance Zone 1 -CC No. 1743 Enclosed please find your original bid bond for CC No. 1743. Sincerely, ‘01H4t,' 944414144d Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan coax ham. /40, SECTION C PROPOSAL for the construction of ZONE 1 RESIDENTIAL OVERLAY from PROJECT LIMITS CC No. 1743 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor,material,equipment and incident insurance necessary therefor,in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach,and to enter into a contract at the following prices. The undersigned agrees to complete the work within 70 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees, etc.., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C=1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. 'TEN,PERCENT OFAMOU fa alai Accompanying this proposal of bid,find 'Id/1kt eJO in the amount of.:..::: ;wmcDr- said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond fot % ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here,if any: Qta R.. :Addendallo Die Received,,. .;;: : Bidder's S natux�...... • C-2 ff SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 1 CC1743 ., o onE ar a 'r i.+ �:C0 FiL. i—w rw.1,;- i f" w FO: w ` VA' ,"�y ti . , ''„ k. 1 11 MOBILIZATION INCLUDING CRACK SEALING , 1 LS Il II$2 i 000 $ IA$ 11 PREPARE STORM WATER POLLUTION PREVENTION ': ` 2 II PLAN(SWPPP) 1 LS - $ ..— $ a •3 INSTALL&MAINTAIN CONSTRUCTION BMPS 1 1.. XLOD- . 4 1 1 CONSTRUCTION PROJECT TRAFFIC CONTROL 1 LS $1�1$fJ�O- '' $ l�q 900 TAPERED EDGE COLD MILL AT 0.12'DEPTH PER DETAIL 5 IN SPECIFICATIONS INCLUDING DISPOSAL 700,000 SF $ 0 ati $ j ' x O--, 6 11 COLD MILL FULL WIDTH OF ASPHALT AT 012'DEPTH 350,000 ' SF! $ i') 3 I $ I Del 7 ' INSTALL 1-1/2"(0.12')TYPE III C3-PG-64-10 ASPHALT CONCRETE OVERLAY 22,000 TN $ IiB $ a,81(a,� - FURNISH AND INSTALL PETROMAT PER • 8 SPECIFICATIONS d 285,000 SF . $ a).'C) 1$ II REPLACE AND ADJUST WATER VALVE COVER TO 9 GRADE • 70 ; ADJUST CITY SEWER MANHOLE TO GRADE • ! 155 EA' $ 7(� $ I I$S-I�`."` REINSTALL ALL EXISTING TRAFFIC STRIPING AND . a 17 • LEGENDS TO COMPLY WITH CURRENT HB CITY STANDARDS. 1 Ls $ O $ ZOUD ADJUST UTILITY MANHOLE TO GRADE ii 12 10 EA $_. cI OQ— E:$ 01000-- PROVIDE SEWER MANHOLE RING AND CO ._..-. I VER TO 13 = REPLACE ANY DAMAGED RING OR COVER ': • (ALLOWANCE) • • 5 h. EA ' $ UOO. $ $az . PROVIDE PAVEMENT REMOVAL WITH 2" (0.17')COLD • 14 MILL AND INSTALLATION 2"(0.17')CLASS B PG 70-10 • AC BASE COURSE AT VARIOUS LOCATIONS 40,000 SF i $ 6--' i$ ZOO 003 1 TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A • $ 3� -, � C-2.1 SECTION C PROJECT BID SCHEDULE A RESIDENTIAL OVERLAY MAINTENANCE ZONE 1 CC1743 TOTAL BID AMOUNT IN,WORDS: r , rf .� r+ Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required eoL between the unit price and the extension,the unit price will govern. The Owner reserves the right to "4' reject any or all proposals and bid items. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and • business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater,and the portion of the work to be done by such subcontractor. Bid Name and Address of L Mate s DIR FWC Dollar ;!'a %of „ t Item(s) `;; Subcontractor License Registration# jiTA':', q> Contract v Number 5 6 ' f 4v a Mf4T Recvc 4 A, i 569352 /0004Q3343 32Srco- 11. Srs ems , a JQvPA VA<c.EV °; ':PAaT At 6101)41 Dt� �VN1J IaS0Ga 15%;15158qo icooi6evre. C3 Em ;ii 11 HI! iiALA. a Mee CAJ► A SPI A(T 5, 9 26?o/3 A, t000OOtoSi R1 s r 1 CoaoNA ,Gti La, '3 4 S Sry pin ` ‘‘ ' 5387.41 C32 lb0 64I2 tot ��8• I / 1 f ONE o CA • - VT�"T "-1 iii F 9-to g3�7g8 IDDZ$ -b� . Q. t2-�3 I g • • i(! r . i i. j • By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on j e9 lea LONG iifomia Curtis P. Brown III , being firOft0iter531A deposes and says that he or she is Presidentof EXCEL PAVING COMPANY the party making the foregoing bid that the bid is not made in the interestor,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 ham 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. PAL INC IMA EXCEL PAVING COMPANY Name of Bidder o--, Curtis P. Brown III *lire of Bidder Pl tiknt 2230 LEMON AVE LONG BEACH,CA 90806 Address of Bidder C4 CALIFORNIA ALL- PURPOSE , CERTIFICATE OF ACKNOWLEDGMENT LEDGMENT _ r 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 cy, or validity of that document..,, State of California_ . } • County of. .Los,Anaeles .. JAN -9 2024Covington Notary:Public On .., — _ before me,, _.R. _. ...... ... .,�Insettnarne araklfge o1 ate aetlaert ,.,.. personally appeared, e, Curtis.,.P. Brown III who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/aril subscribed to the within instrument and acknowledged to me that he/sbagitia ty executed the same in his/I it authorized capacity(ies), and that by his/hesilbaar signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. '� _: R.COVINGTON WITNESS my hand and official seal. S� COMM.#2339692 or LL,t. %{Notary Public-California L.,,,,,,,,:„.,,,, qi LOS ANGELES COUNTYr,.." '2,xMy Comm Expires Dec 8,2024 W Notary Pubilc Signature- (Notary Public Seal) 7hts orm complies �. INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION fwith Cal€forniastatutesregadingnotarywordingand DESCRIPTION OF THE ATTACHED DOCUMENT ' if needed should be completed and attached to the document.Acbiawledgments s _tons 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 6 7 law. (Title'ar descripllen Of attached document* - • State and County information must be the State and County where the document i signer(s)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s)personally appeared which (Iboo or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or ha name as it appears within his or her I. Number of Pages Document Date, - , ` ` commission followed by a comma and then your title(notary public). �._. .:.:.m. ; • Print the names) of document signer(s)who personally appear at the time of CAPACITY CLAIMED BY THE SIGNER - • led the greet form dePler,or plural farms by ctossteg off incatrect farms(Le. he/sheltheyr is bane)or circling the correct s.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection ofdocumentrecording. K)(Co orate Officer • The notary seal impression most be clear and photographically reproducible. President Impression must not cover text or lines.If seal impression smudgesre-seal if a ': sufficient area pemrits,otherwise complete a different acknowledgment form. ttle) • Signet=of the notary public must match the signature on file with the office of' ❑ Partner(s) s the eounty clerk. ❑ Attorney-In-Fact + Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Indicate title or type of attached document,number of pages and date. l ❑ Other o Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,act,Secretary). 2015 Version www.NotaryClasses.cam 800-873-9865 • Securely attach this document to the signed document with a staple. UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the ZONE 1 RESIDENTIAL OVERLAY,(I)(we)(it)will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. PAALP, INC DBA EXCEL PAVING COMPANY. Contractor By Curtis P. Brown Ill Title Date: JAM 9 7074 c-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete,under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified,removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? j' ❑ Yes [' No If the answer is yes,explain the circumstances in the space provided. N/A . . ... ... .......... .. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C=6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. PALP, INC DBA EXCEL PAVING COMPANY Contractor By Curtis P. Brown III President Title Date:, JAN -9 2024 C-7 BIDDER'S INFORMATION • BIDDER certifies that the following information is true and correct: idder. PALP1INCDBAE 2230 LEMON AVE Business Address LONG BEACH, CA 90808 City, State Zip („ 562)599-.5 841 taituatintagymbainsmet Telephone Number STATE LIC#688659 Email Address A, C12, C31 State Contractor's License No. and Class Original Date Issued 6, 742.44 Expiration Date The work site was inspected by btii- S rt:sore S of our office on '1/4,-24i.8 ,2021 The following are persons, firms,and corporations having a principal interest in this proposal: ALP, INC DBA EXEt.PAVINU COMHAN Curtis P.Drown Ill • President David A.DhAlee, Vice Pres:d...t An T.Quech • Chief Financial Officer Stsfani A.Moreno Soeratary Orissa A.Phillips Assistant Secretary The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PALP, INC DEA EXCEL PAVING COMPANY Company Name P Signature o P. Brown HI President -Printed or Typed Signature C-13 NOTARY CERTIFICATE Subscribed and sworn to before me this_day of JAN 9 2024 , 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 California County of. Los Angeles ) On A 2024 before the Mon a y Notary , and Year �� Insert N �� ;and Title of personally appeared Curtis P. Brown Ill Name(s)of Signer(s) gner(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/ore subscribed to the within instrument and acknowledged to me that he/slat/the! executed the same in his/hef/theif authorized capacity(ies),and that by his/h,t/tl 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. s¢ � R.co crop 0 COMM *2339692 m Notary PubUc-Calitomia LOSANGELESCOUNTY a 4"., MyCOcttrtt Ej res Dec 8,2024 Signature =x ignature of Notary blic `tl (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History SEE ATTACHED For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For, example, "Overly :Project._of.multii,le residential streets."I. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount.....__. Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: c-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project.Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. SEE ATTACHED 1 Name of proposed Project Manager Telephone No. of proposed Project Manager: 562)59—5841 Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name'&Contract Amount Type of Work Date Completed 2. Name of proposed Superintendent SEE ATTACHED Telephone No. of proposed Superintendent: 5621599-5841 Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to_ register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call(844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: hops:/%efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. PALP, INC DBA EXCEL PAVING COMPANY Contractor Curtis P. Brown Ill sit Pr-esident ... -.,!tJ!t Q eloav ng net Email ... �...m ,_....w , Title Date: _::. JAN " 9 2024....... :..: PWC Registration#: DIR.1000003331 ._. .. . 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NDOF.uyYonfelBhY M1..tHollroad 00g9, TBO f_.., tfl1710 ....:1 [I'1,.1 • v.1, .. . ..._..... .ram .. . .. • n . • Bond No. Bid Bond• BID BOND The American Institute of Architects, ALA Document No.A310(February, 19.70 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 oiganized under the laws of the state Of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach • as Obligee,hereinafter called the Obligee,in the sum of Ten percent of the total amount of the bid Dollars (S 1 o% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for Zone 1 Residential Overlay(1743) • 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 21st day of December , 2023 PALP Inc.dba Excel Paving Company MOSS Principal (Seal) Curtis P. •rown III President By:ja • rtis P.Brown III,President NamnerTitle Federal Insurance Company Svc' (Seal) Witness By Q. AY, Douglas A app Attorney-in-Fact ORSC 21328(5/97) • ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is • attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On December 21, 2023 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(*)whose name(e)iskre subscribed to the within instrument and acknowledged to me that hefeheey executed the same in histherftheir authorized capacity(ise), and that by hisfherftheir 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. a— �OF T DEBRA SWANSON WITNESS my hand and official seal. N ��; i!► °a COMM.#2335630 73 N �•�.s ;g NOTARY PUBLIC•CALIFORNUI IY s. '' ORANGE COUNTY MY COMM,EX?NOV 10,2024 Signature _� 9 QJ.•� . _ (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 JAN -2 2024 before me, R. Covington) Notary Public (Here Insert name end title or 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) Ware subscribed to the within instrument and acknowledged to me that h> km/they executed the same in'hiWbe /their authorized capacity(ies), and that by 1*s/tau/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. ;.°`f R.COVINGTON ny COMM.#2339692 n r w / ""r • g - Notary Public California IL LOS ANGELES COUNTY • 'i�,000. My Comm.Expires Dec 8,2024 Notary Public Signature (Notary Public Seal) • ♦ A INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Iitle 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. continued) • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document 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. be/she/they;is/ere)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. 0 Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. O Attorney-in-Fact +b Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other 4. Indicate title or type of attached document,number of pages and date. ❑ ? Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. • •• 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 MI 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 ACEAMERICAN 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 undertaldngs and other writings obligatory in the nature thereof(other than ball 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 COMPANYp� have each executed and attested these presents and affixed their corporate seals on this Sib day of April,2021. ��• e ��N J' `—.'4 Daum M.Ch lotus,Assistant Secretary Stephen M.Haney,Vice President �? ear) t. • • ; .04 tifi,).)' cir-1.4 41,0) STATE OF NEW JERSEY County of Hunterdon SS On this 56 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. 1� r Notarial Seal o : KATHERINE J.ACELAAR .1 NOTARY PUBLIC OP NEW JERSEY No.mittens Con alon ExpiresJ miaJuly 16,2024 Notary Pabile 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,undertaldngs,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 of the Company,under the seal of the Company or otherwise. (2) Each dulyappointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise, to the extent that such action is authorized bythe grant of powers provided for in such 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 Companyorotherwise,such Written Commitments ofthe 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 arty other officer of the Company the authorltyto execute,for and on buhaif 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 byspeclfication 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,end 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 be an 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 shag not limit or otherwise affectthe 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, (Si) 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 December 21,2023 ?- a, a r•.r rti - Clown M.Ch taros.Assistan t Secretar? IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(9081903-3493 Fax(908)903-3656 e-mail:surety@chubbcom Combined:FED-VIG-PI-WFIC AAIC(rev.11-19) PALP,INC DEA EXCEL PAVING 2230 LEMON AVE LONG®EACH,CA 90806 Afi np faeowin 11)61,c, t ji oi1(..c 0 ► 2bou c1 1-hilS 3CACiiii CA g1(0'-li 4 ,�p �OIr �IJ G IA,L BOO Sig604111) cinues e : lute 1 atildisoid Outdoy n4, 14 DOittil 6 I i IDA AA