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Klassic Engineering & Construction, Inc. - 2024-05-07 (2)
RECEIVED BY: CITY CLERK RECEIPT\ICit" ` Return DUPLICATE to h lY1 City Clerk's Office (Name) after signing/dating to ( i2_ I -t (Date) 12) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION ,„, TO: City Treasurer FROM: City Clerk J� DATE: \to��'e. I 1i 2 ' 1 SUBJECT: Bond Acceptance I have received the bonds for K'(1-61 t: Zy'1;Mfr1ry t(�Y' YU l it��'L- I 0.ci. (Comp r y Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. rAA 2.3' (7 555- Payment Bond (Labor and Materials) Bond No. &M2 3 O rj 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 5/Wi 12 OZLI (Council Approval Date) CC No. RI Lag Agenda Item No. Qyf 22)2- MSC No. City Clerk Vault No. (0&O. 50 Other No. SIRE System ID No. tiaVi/n2-2- g:/forms/bond transmittal to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Klassic Engineering and Construction Inc. FOR LeBard Park Improvements,CC1668 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 Klassic Engineering and Construction Inc. , a S 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 LeBard Park Improvements, CC1668 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK;ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 16-5195/City Funded Construction Contract.docx—revised 04/2016 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms,conditions and obligations of this Agreement and the Contract Documents(as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed,and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions,including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx—revised 04/2016 D. The edition of Standard Specifications for Public Works Construction, published by Builders'News,Inc., 10801 National Boulevard,Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications,Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids,the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit"A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW,save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contract.docx—revised 04/2016 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed two hundred seventy three thousand four hundred twenty five and ninety cents Dollars �$ 273,425.90 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OP 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 forty ( 40 ) 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 04/20I6 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes,furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal,the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason,relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contract.docx-revised 04/2016 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent(100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work,and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten(10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is,and shall be,acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social . - security, state disability insurance compensation,unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.docx—revised 04/2016 deductions for CON TRACTOR and its officers, agents and employees and all business licenses, if any,in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of five hundred dollars ($ 500 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided,and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes,unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay(unless DPW shall grant a further period of time),notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract.docx—revised 0412016 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 Contractdocx—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 seg,shall apply to the performance of this Agreement;thereunder,not more than eight(8)hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder,shall not require more than eight(8)hours of labor per day or forty(40)hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight(8)hours in any one 14 16-5195/City Funded Construction Contract.docx—revised 04/2016 (1)calendar day or forty(40)hours in any one(1)calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code,regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address,social security number,work classification,straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman,apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors,if any,shall be available at all reasonable times to the CITY, and the employee or his representative,and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards,and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION,DEFENSE,HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands, defense costs, and consequential damage or liability of any kind or nature,however caused,including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx—revised 04/2016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/City Funded Construction Contract.docx—revised 04/2016 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend,hold harmless and indemnify CITY,CONTRACTOR shall obtain and furnish to CITY,a policy of general public liability insurance,including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees,agents,and volunteers(the"Additionally Insured Parties")as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars($5,000.00)is permitted. - CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx—revised 04/2016 26. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30)days' prior written notice of CITY. CON TRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public . Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10)days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contract.docx—revised 04/2016 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10)days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have,terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement;in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause,and whether or not PROJECT is fully complete upon seven(7)calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience,the CONTRACTOR shall be entitled to receive payment-for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx—revised 04/20I6 • 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 Klassic Engineering and Construction Inc. ATTN: ,Public Works ATTN: Keivan Shirali 2000 Main Street 250 South Tustin Street Huntington Beach, CA 92648 Orange, CA 92866 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 Friday,May 3rd ,20 24 . 4( If APPW-r—el ►q 04)e kin ) 11,v 1 ..1 r_2D2.q . CON IRA O • CITY sago TINGTON BEACH,a municipal co ora r ., •• St e of California B • tiom, . 1 ark &.1...V._. Keivan Shirali Mayor (print name) _ 1 11d* 9A6ht414.444) ITS: Chairman President Vice-President city7e .A P-.�-- (circle one) f+ INITIATED AND P OVED: AND / By: Director of Public orrkkss REV (print name) PRO ED: 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 "i'`�'_ City of Huntington Beach Business License P.O. Box 190 . (714)536-5267 FAX(714)536-5934 Huntington Beach, CA 92648-2702 _rV-coU+ �idri Sunny Han Chief Financial Officer KLASSIC ENGINEERING & CONSTRUCTION INC 250 S. TUSIN AVE ORANGE, CA 92866 Dear Business Owner: Thank you for your payment. Attached is your City of Huntington Beach Business License certificate. Please note that approximately one month prior to the license expiration date,you will be mailed a renewal notice for the upcoming year. If for any reason your renewal notice does not arrive,you are still responsible for renewing and paying your business license prior to the expiration date. Penalties will be incurred if the payment is not received by the expiration date. Please post the business license in public view. If you do not transact business from a fixed location within the City,you must carry this license with you at all times. If a vehicle license plate number is displayed on the Business License certificate below,you must carry a copy of the certificate in that vehicle. Please contact the Business License office if there are any changes to:ownership, address, business name, business vehicle,or type of business conducted.Additionally, please notify our office if you discontinue your business. The Gender Tax Repeal Act of 1995(Act)prohibits a business from discriminating based on a person's gender for prices of similar or like-kind goods and services. However,the Act does not prohibit price differences based on the amount of time,difficulty,or cost of providing the services. In addition to prohibiting discrimination based on a person's gender,the Act requires certain businesses to clearly and conspicuously disclose to customers in writing the pricing for each standard service provided.The posting requirement applies to barbers and hair salons,tailors or businesses providing aftermarket clothing alterations,dry cleaners,and laundries providing services to individuals.To access the Department of Consumer Affairs publication, please use the following webpage: https://www.barbercosmo.ca.gov/consumers/gender_policy.pdf. To access the publication in Korean,Spanish,Vietnamese, Traditional Chinese,Simplified Chinese,or Tagalog, please use the following webpage: https://www.dca.ca.gov/publications/index.shtml There are many resources available to our business owners. Listed below are a few that might be of interest and assistance to you. Office of Business Development -(714)536-5582 Service Corps of Retired Executives-(714)550-7369 Huntington Beach Chamber of Commerce-(714)536-8888 Fictitious Business Name Information-(714)834-2889 CA Department of Tax and Fee Administration-(949)440-3473 Community Development-(714)536-5271 If you have any questions, please call a Business License representative at(714)536-5267. City of Huntington Beach Business License License Number Business Name/Service Address POST IN PUBLIC VIEW A318623 KLASSIC ENGINEERING &CONSTRUCTI " Effective Date NOPf794 ,,.�lf •. 03/01/2024 Owner/Corporation ��t .; `__.... ••. ,`1 Expiration Date KLASSIC ENGINEERING &CONSTR ; 02/28/2025 Q 1 .9:W�•► r=1t im,•.. Q License Type :�cF '\�o/ti Amount Paid CONTRACTOR +_��LhtiTY C��i� $137.30 THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN. IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON-TRANSFERABLE. RENEWAL IS DUE ON OR BEFORE THE EXPIRATION DATE. • CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS ff f . 1-c• n fi FROM: taSSiC. CXl9iWeer;ek C r lip^ PROJECT: ,tee A$/a Pick 1-r1Proc imet PrJc� (Contractor Name 2 50 So utin TtAsfi t fi 111I (Street Address) OCRvI`i,e. ,State and Z TO: CITY OF HUNTINGTON BEACH DECLARATION Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the Insurance requirements of the Contract by and between the City of Huntington Beach("City")and the above-named Contractor("Contractor")for the above-described project("Project"). I declare under penalty of perjury under the laws of the State of California that the above statement Is true and correct. r Signed on M e` 1.3 ,20 at__(d € (a T (date) ( ,State) /� e v VU h - t.01Pres-Aenti (Sign r dividual Who is Making Dedaration) WARRANTY Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the insurance requirements of the Contract for the Project. Said insurance shall be maintained through and until the expiration of all Warranties provided by Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185,naming City as an additional Insured. Contractor shall supply to City, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidendng continued coverage which meets the Contract requirements. Signed on I'`aq ��� 200 at l JCtl'1( CStl+ -ni4 1t (Date) J city,State) CONTRACTOR: Name: Klas5IC. Eb ieG6'i A C rwwhorl flc. ,J R By Name: f-Se.JVdn .S�i�2lti Title: G.Q.O./Pee sidenf jG6 277621.2 ,, City of Huntington Beach Remaining Line Items for Project Le Bard Park Improvements(CC-1668) Klassic Engineering and Construction Inc. Item Num Section Item Description Unit of Measure Qty. Unit Price Line Item Total: UMWSchedule 0111111W Mobilization,Overhead&Profit LS 1 $ 90,000.00 22 Schedule A-Base Bid Tennis Court Benches EA 4 $ 1,000.00 $ 4,000.00 24 Schedule A-Base Bid Hi-Lo Drinking Fountain and Sump EA 1 $ 4,500.00 $ 4,500.00 25 Schedule A-Base Bid Bike Rack EA 1 $ 2,000.00 $ 2,000.00 26 Schedule A-Base Bid Trash Receptacles EA 2 $ 500.00 $ 1,000.00 27 Schedule A-Base Bid Tennis Court S.S.Electrical Panel Enclosure EA 1 $ 25,000.00 $ 25,000.00 28 Schedule A-Base Bid Electrical Meter Pedestal and Concrete Pad EA 1 $ 25,000.00 $ 25,000.00 29 Schedule A-Base Bid 84"Tennis Court Gates,Posts and Footings EA 4 $ 2,500.00 $ 10,000.00 31 Schedule A-Base Bid New C.L.F.at Tennis Courts Gates Allow 1 $ 7,600.00 $ 7,600.00 32 Schedule A-Base Bid Soil Amendments SF 5417 $ 1.20 $ 6,500.40 33 Schedule A-Base Bid 5 Gal.Shrubs EA 113 $ 36.00 $ 4,068.00 34 Schedule A-Base Bid Sod SF 4578 $ 3.00 $ 13,734.00 35 Schedule A-Base Bid 2"Layer of Mulch SF 839 $ 2.50 $ 2,097.50 36 Schedule A-Base Bid Irrigation System Allow 1 $ 6,000.00 $ 6,000.00 37 Schedule A-Base Bid Irrigation Controller,Enclosure and Concrete Pad EA 1 $ 2,500.00 $ 2,500.00 Adjustment Existing Irrigation Heads for Head to Head 38 Schedule A-Base Bid Coverage.Replace Rainbird 8005 heads,as required per EA City Representative.(58,293 s.f.) 36 $ 45.00 $ 1,620.00 Concrete Grinding-Grind off high spots and rough concrete around posts.Sloping-Fill low spots in concrete,Smooth out any rough spots prior to resurfacing courts.Texture removal-Grind off approx.200 sq.ft.of debris left stuck to slab.Windscreens-Furnish and Install windscreens.78% wind blockage,polypropolene,double stitched,9 feet4 inches high.Mastic-Remove all existing mastic/caulking from expansion joints and install new mastic.Surface new Tennis Court(bare concrete based on medium broom finish and*no curing compound*or ew asphalt).Acid etch, Schedule A-Base Bid power wash to clean.Apply primer coat.Apply black Sportsmaster resurfacer coat mixed with#60 Silica sand to provide a superior base for color coats.Apply two color coats,mixed with#90 sand of Sportsmaster color.Stripe to Specifications We cannot guarantee against the occurrence of any new spalls or pop outs.*Note*Structural Cracks in Concrete will undoubtedly return*Medium speed of play.Stripe play lines,Sharp and Accurate to ASBA specs.Lines to be white Latex Acrylic line paint,unless otherwise specified.Squeegee marks,lines or swirls are always visible in the application process,but will fade over time.Please be aware that only two(2)color choices are available(not including"Bright Red"or"Tournament Purple",these colors are considered Premium Colors and would require an additional fee. $ 67,806.00 Project Total I$ 273,42L.4J 6ir 'A ' SECTION C PROPOSAL for the construction of LeBARD PARK IMPROVEMENTS CC No. 1668 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 Bidders 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 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 i e 's Signature 1 2/22/2023 C-2 SECTION C PROJECT BID SCHEDULE A LeBard PARK IMPROVEMENTS CC1668 BASE BID ITEMS Urn tt�a rw'x hl r7z y °E �.• <j'.i'Y' 1• ?` t2 --..^k r ''.i r Z �.. x }ts (t av`�•�.. �j,�s" 2, 1,4 c ,,, f ^# ,R 1 n 5 '? r f-. r t ti 1 M r 2 ��2 5 �... d. .:f�s.:�Yy, }h.,:`{.`C.M T",.-} ._ ..,. r,?.e.{..., r.�riyr,..._,�..,. ..,.. �s . :.3..•,.. K:,,._tcas.�'•'+t. ..'c ';;,. ... ... s....,.. K �. .,... : .e..�.... 1 Mobilization,Overhead&Profit 1 LS $110,000.00 $ 110,000.00 t`Ste • •••: . ! Q 2 Miscellaneous Debris 1 LS $12,000.00 $ 12,000.00 3 Concrete Paving 370 SF $6.50 $ 2,405.00 4 Asphalt Tennis Court Paving Including Hazmat 14,364 SF $8.00 $ 114,912.00 5 Building Demolition Including Hazmat 1,125 SF $35.00 $ 39,375.00 6 Concrete steps 115 SF $ 15.00 $ 1,725.00 7 Wood Deck and Steps 67 LF $40.00 $2,680.00 8 Turf and Shrubs 2,109 SF $2.50 $ 5,272.50 9 Building Site Utilities-Water/Sewer/Electrical 1 LS $ 32000.00 $ 32,000.00 10 Tennis Court Gates and area of existing fencing for new gate 2 EA $3550.00 $ 7,100.00 11 Tennis court bench 1 EA $ 1250.00 $ 1,250.00 12 Tennis court lighting panel enclosure 1 EA $ 3500.00 $ 3,500.00 13 Tennis Court Netting/Posts/Windscreen 1 LS $3500.00 $ 3500.00 14 Wood Bollards 1 LS $ 4000.00 $ 4000.00 Eartihwo 1 rk�� 15 Fine Grading . 20,477 SF $ 1.30 $ 26,620.10 .Site artls a 11 C. P 16 4"Thick Concrete Pavement Broom Finish 216 SF' $ 16.00 $ 3,456.00 17 18"Wide Concrete Banding 483 LF $ 22.00 $ 10,626.00 18 Reinforced Concrete Tennis court 14,364 SF $ 20.00 $287,280.00 19 6"Mow Strip • 133 LF $ 30.00 $ 3,990.00 • Site ni res e � `.; A. 7 . 20 Tennis court Nets and Posts 2 SETS $1500.00 $ 3,000.00 C-2,1 SECTION C PROJECT BID SCHEDULE A LeBard PARK IMPROVEMENTS CC1668 �t , _. v <�Y �,. , .�, s.ia- S .ifr 1 i � , } .. 'r iiitc ,+ - t "��. sa i! 1 w •L f .�yI Za f,Csk�;���6���r�l Y�RV�' ��.�-tl�i �i� j:c`flfr� 2Y` 4 �t f.�F 4S ©7��I�d��� '�1��'.-,:.: t���� Ilf C 1 1`F 004000 ,� 7��A'b-ti����bR�t:, hL"�, 3 etas �xIt Ta �$3E K k> r�yS �.f 1 F ti fib' ii i 1 11 x4J5� t/ �-l.Yn*{d ARA i l jl� F ' w� l,x �S g 4 $ .( L t J X i iA,.. ?.:.....�f 4 S;F, 5 ,71.. 5,' .: - :�.a.., �;_>.P:r.n J,.1...,u.sA4..".a °L,. .:rF,.3>,...?.. •Ix ,.__.-l-a.•.,3 ,,...;"'.x ,> _ .a .. .. 21 Tennis Court Surfacing/Striping 14,364 SF $2.00 $ 28,728.00 22 Tennis Court Benches 4 EA $1500.00 $ 6000.00 23 Tennis Court Wind Screen 484 LF $ 35.00 $ 16,940.00 24 Hi-Lo Drinking Fountain and Sump 1 EA $ 7500.00 $ 7500.00 25 Bike Rack 1 EA $2500.00 $ 2500.00 26 Trash Receptacles 2 EA $ 850.00 $ 1700.00 Electr ca 27 Tennis Court S.S.Electrical Panel Enclosure 1 EA $ 20000.00 $ 20000.00 28 Electrical Meter Pedestal and Concrete Pad 1 EA $ 25000.00 $ 25000.00 F� ncin'e 29 84"Tennis Court Gates, Posts and Footings 4 EA $2500.00 $ 10000.00 • 30 Remove and Reinstall Tennis Court Fencing Prime and Paint 5,808 SF $ 6.50 $ 37,752.00 31 New C.L.F.at Tennis Courts Gates 1 Allow $7600.00 .$ 7600.00 :Landsca e p. S2 Soil Amendments 5,417 SF $ 1.20 $ 6,500.40 33 5 Gal.Shrubs 113 EA $ 20.00 _ $ 2,260.00 34 Sod 4,578 SF $ 100 $ 13,734.00 35 2"Layer of Mulch 839 SF $ 2.50 $ 2,097.50 rrr atio Modtfcations::. : I n 36 Irrigation System 1 Allow• $12000.00 $ 12000.00 37 Irrigation Controller,Enclosure and Concrete Pad . 1 EA $2500.00 •$ 2500.00 Adjustment Existing Irrigation Heads for Head to Head 38 .Coverage.Replace Ralnbird 8005 heads,as required per City 36 EA Representative.(58,293 s.f.) $ 55.00 $ 1980.00 C-2.2 SECTION C PROJECT BID SCHEDULE A LeBard PARK IMPROVEMENTS CC1668 a r, 4.s ti,j . Aq ,.F.fw. ,. ,, at ..�^: ,"r-.At s S .;`x ..T ..; . r ,_.:.,,,�Y k Rr§. 77... a M„4 sc....,s.•-• CC' -r e '�-7 1c` *h ���J�cJ u tt rz"� 4 S��4� :� •i�a4, .•Z a� " Y 4r i2- U..�s db" S 01t,t�C k er y1����r�(jxr1 % : > 1, ta -.r a CR e i�pssr ir , r'` 1 d� n Z 1 1 ( : t raxt . 3. ,:n i> 4eR., •¢•�yrS51 - -y' i"�le csiegr, r E.4 ri�. fi*' SV.k,,,,,e` 5. . ,4. . , }:,.: rg a?,J, a<hZF .(.F ? .l 4,-, "n 4l.';', ., k-,f:'.7 S. TOTAL BID AMOUNT.(BASIS OF AWARD)—SCHEDULE A $ 879,483.50 ADD ALTERNATE NO. 1 .. �(.11 v.Q Z i I. , 7. A:1..—, ,,s 241,,,, t y -‘ '?.i EJ s. f R i( Y t i rjl )R 4. q 'ti '''', 'F`.,,,,;1�s /;,,,y 41,`e,./ :_4,Np yt1 1,1!t ;,'"vJi ,C F� S z 6 .''3 r 0 $, is srj NIA..119 y . 1.A, 'tii�6 -3 4 I ''.. z `f...:j f. � " "r ,.i .+',,`i i; Y r a 'h t - s�iz�r:.��' c f ]1 sit S." t. a,•y� ? ,fi ry .r a li `ei c,•}.s>`..": �c:i;:/a :tE N �?? K 6.t,, ? r:_.._ £'S`"'. atrsm 1' -• '' E ,fS i la:.,r -, ,i,?, i `} J 1 .4,av3 5rw3S . _ . >. .Is.,1a M�_•,j ;e,.z ... ...a. .;1 Ai„. .as 4.. 1 Mobilization,Overhead&Profit 1 LS $20000.00 $ 20000.00 Si#e•Demolition. ,: 2 Trees 3 EA $ 1250.00 $ 3750.00 L =.Safe Hardscape c 3 4"Thick Concrete Paving Broom Finish 147 SF $ 15.00 $ 2,205.00 4 4"Thick Concrete w!Troweled Joints 352 SF $ 20.00 $ 7,040.00 1 5 18°Wide Concrete Banding 90 LF $ 35.00 $ 3,150.00 ' Site Amenities 6 Picnic Tables 2 EA $ 1750.00' $ 3500.00 7 Trash Receptacles 3 EA $ 850.00 $ 2550.00 Landsca e p • 8 Trees 2 EA $ 3500.00 $ 7000.00 I it � anon 9.. 9 Irrigation System-Adjustment of Irrigation Heads and Pipe 7 EA $ 12000.00 $ 84000.00 TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A $ 133.195.00 I ADD ALTERNATE NO.2 �} +r <.fi ex, '^w'.wo. 'h .< "kdc 7 'yr�.e y !"".�'' zr �{ { -'4a L - . . -1<,:rtr Lt,1, ,-.,,, at'.- ..9,4r,.`k• ffia,x8 B 1 tj( ..43 .�3•„t c,a-4-.s. �y ,z r d'��'IJ o , r,' 1� C_ 4 0 1 s: - ` t v •;ikz-@,gmg:,i•A,a.•?' s•�RF r �'iQ;':TAE, 't:Ac 4 ,r...t±,y.i£ '`. _V i* risFa J;•4,A.� �."iYA..G3wi ., ka•. :: _ S';'' .i r�,r...l .tSK4','.•*,• ,..., , ` �Y u-s .,,, fr" ct y d Kt. Yx e, :--1 fi s f- J+a r ,, , ,-., -& r ?x iV <, ,utA V,-„-,?. Yh.. ti:" rk.,`D' ;�• 1 ,''niL h,��:, `,,z: v :?a>�:�'dss .r has cc.�,'� -h,n:t t., .,t` .h„7 ':z ':.:i''tix..[> i�:i srTt xr.: ` "M2m5 i C-2.3 SECTION C PROJECT BID SCHEDULE A LeBard PARK IMPROVEMENTS CC1668 7 Mobilization,Overhead&Profit 9 LS $5000.00 $5000.00 . ,:.. . : ... .S ite;Demolition { 2 Wood Bollards 1. LS $6500.00. $ 6500.00 Fenein 3 48"Lodge Pole Fencing 95 LF $ 115.00 $ 10,925.00 TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A $ 22425,00 • TOTAL BID AMOUNT IN WORDS: (BASE BID ITEMS) Eight Hundred Seventy Nine Thousand Four Hundred Eighty Three Dollars and Fifty Cents TOTAL BID AMOUNT IN WORDS: (ADD ALTERNATE NO. 1) One Hundred Thirty Three Thousand One Hundred Ninety Five Dollars and ND Cents TOTAL BID AMOUNT IN WORDS: (ADD ALTERNATE NO. 2) Twenty Two Thousand Four Hundred Twenty Five Dollars and No Cents 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-2.4 SECTION C PROJECT BID SCHEDULE LeBard Park Improvements CC-1668 PROJECT BASIS OF AWARD: LeBard Park Improvements ITEM 1. Base Bid Items $ 879,483.50 IN FIGURES ITEM 2.Add Alternate# 1 $ $133,195.00 IN FIGURES ITEM 3.Add Alternate#2 $ $22,425.00 IN FIGURES BASE BID TOTAL AMOUNT LUMP SUM BID(TOTAL FOR ITEMS 1,2,31 $ 1,035,103.50 BASIS OF AWARD IN FIGURES C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Cass DIRPWC Dollar %of Item(s) Subcontractor License Registration.# - Amount Contract Number P M K PROFESSIONAL INC C-7/ 1000004512 27/28 17925 SKYPARK CIR SUITE C 959668 C 10/ 38,000.00 4.3% IRVINE,CA 92614 B 24/29/30/31 NO LIMIT FENCE COMPANY 1043317 5552 TANGIERS DRIVE C-13 61,413.00 7.0% Add A1t.2: 1000062759 HUNTINGTON BEACH,CA 92647 3 32/33/34/ CEDILLO LANDSCAPING 35/36/37/38 1435 E TURIN AVE 1057260 C-27 PW-LR- 28,750.00 3.3% ANAHEIM,CA 92805 1000592055 QUALITY ENVIRONMENTAL INC C-217 1000001511 4/5 13123 LAKELAND RD,SUITE A 876494 C-61/ 85,000.00 9.7% SANTA FE SPRINGS,CA 90670 C-22/ - / ASB 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on Marc— h 2,2023at Orange cA Date City State Keivan Shirali , being first duly sworn, deposes and says that he or She 1ST'E.O./PresidenUSecretary/rreasurer/Manager Thereof f Klassic Engineering and Construction Inc the party making the foregoing bid that the bid is not made in the interest of,or on the behalf of,any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly,sought by agreement,communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Klassic Engineer " `&Constrtuction Inc. Signature of Bidder' 250 South Tustin Street, Orange, CA 92866 Address of Bidder C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the LeBARD PARK IMPROVEMENTS, (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. Klassic Engineering and Construction Inc. Contractor Idjn va Shirali C.E.O./President/Secretary/Treasurer/Manager Thereof Title Date: March 2,2023 C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete,under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety. regulation? ❑ Yes ®No If the answer is yes,explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal,and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Klassic Engineering and Construction Inc. Contractor Keivan Shirali By ` ✓ 2 -23 C.E.O./President/Secretary/Treasurer/Manager Thereof Title Date: March 2,2023 C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Klassic Engineering and Construction Inc. Bidder Name 250 South Tustin Street Business Address Orange CA 92866 City, State Zip (714 ) 369-8389 Bids@Kecigroup.com Telephone Number Email Address 759241-AB/C-36 State Contractor's License No. and Class 2/18/1999 Original Date Issued 2/28/2025 Expiration Date The work site was inspected by Keivan Shirali of our office on February 3rd ,2023 The following are persons, firms,and corporations having a principal interest in this proposal: Keivan Shirali-C.E.O./President/Secretary/Treasurer/Manager Thereof 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. Klassic Engineering and Construction Inc. c CompanyName y--- - �----- . - -- f Signature of Bidder /f Mat 2 _ 2 Keivan Shirali-C.E.O./President/Secretary/Treasurer/Manager Thereof Printed or Typed Signature C-9 NOTARY CERTIFICATE Subscribed and sworn to before me this day of ma ,, 2023 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. State of Ca l i R r f I a, ) County of CYt a( C )On Marc . 3 a0 . before me, IV PKI S . N�eI SQ,f 0 1-6 �y p- Month, Day,and Year ,__—, I—n ame and Title of Notary ta personally appeared r"' - t cztl n N SW;iZ A L r Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name( is/a14 subscribed to the within instrument and acknowledged to me that he/s} e/thi.y executed the same in his/h/r/th‘ir authorized capacity(iis), and that by his/h/r/thir signature(A on the instrument the person(s)f, or the entity upon behalf of which the person("j 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. e..: NIKKI KATHERINE NELSEN r< Notary Public-California ' ;- Orange County E ,I,M f' Commission:2431068 _ My Comm.Expires Dec 15,2026 Signature L._.1.44 IlZ � 1�r , Signature of Notary Public (PLACE NOTARY SEAL ABOVE) c-10 Bidder's Project History For the purposes of this project the contractor and subcontractor must have, in the last five years, constructed at least five (5) projects of similar work specifically referencing the construction of {Describe specific work and experience necessary for project, for example "Reconstruction or rehabilitation of existing public park facilities including tennis courts".Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. The following list of projects meet the requirements of above: 1. Mount San Antonio College-1100 North Grand Avenue Walnut,CA 91789 Name and Address of Reference Name and Telephone No. of Project Manager: David Joseph-909-376-1462 $2,4339,942,00 Demolition,Framing,New Restrooms,Plumbing,HVAC 1/3/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Building 26-Humanities Building Renovation,Demolition of existing restrooms,installation of new restrooms, with new plumbing,HVAC,Drinking Fountains,Utilities to restrooms for the installation of rough plumbing 2. City of Chino-Public Works-13220 Central Avenue,Chino,CA 91710 Name and Address of Reference Name and Telephone No, of Project Manager: Keith Martinez-909-334-3421 $ 1,585,199.27 Ayala Park Improvements Project 9/7/2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Demolition of existing/installation of new:parking lot,adjacent landscape(including irrigation).hardscape,shade structure,drinking fountains,parking stalls,curb&gutter,ADA Ramps,PCCSidewalks,Multi-Use Trails,AC Paving,signage 3, Centinela Valley Union High School District-14901 South Inglewood Avenue,Lawndale,CA 90260 Name and Address of Reference Name and Telephone No. of Project Manager: _Kevin Flores-714-824-9747 $1,458,357.00 LeuzingerHinh School-Girls Gymnasium Renovation 1/31/2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Demolition of existing portion of gymnasium,new concrete foundation,slab,new concrete ramps,site concrete, asphalt, drinking fountains,new windows,doors and hardware all 4, Buena Park School District-6885 Orangethorpe Avenue,Buena Park,CA 90620 Name and Address of Reference Name and Telephone No. of Project Manager: Jeff Thomas-714--315-2299 $2,076,500.00 Buena Park MPR Renovation Project 2/15/2023 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Demolition of existing Multi-Purpose Room infrastructure,flooring,new framing,concrete slab,New Parking Lot area with signage and striping,Concrete walkways,path of travel ADA upgrades 5. City of Gardena-1700 West 162nd Street,Gardena, CA 90247 Name and Address of Reference Name and Telephone No. of Project Manager: Jeff Schippers-714. 906.2185 $ 653,000.00 Gardena-Fire Station#158 Ongoing Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Demolition of existing Electrical, Building Framing,Plumbing and installation of new with new HVAC C-12 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. Alexander Shirali * • Name of proposed Project Manager 714.582.8435 Telephone No. of proposed Project Manager Ayala Park Improvements Project-$1,585,199.27 9/7/2022 Demolition of existing/installation of new:parking lot, adjacent landscape(including irrigation),hardscape Project Name&Contract Amount Type of Work Date Completed Buena Park MPR Renovation Project-$2,076,500 2/15/2023 Demolition of existing and installation of new: Parking Lot,Mult-Purpose room infrastructure, Plumbing,p Drinking geFountains, etc. Tynep f Leuzinger thgI1 Schoo(iris Uymonas um Ke ov ti n-$1 'S ,35I Work 1/31�2�e3Completed Demolition of existing portion of gymnasium,new concrete foundation,slab,new concrete ramps,site concrete,asphalt,drinking fountains,new windows,doors and hardware Project Name&Contract Amount Type of Work Date Completed 2. Keivan Shirali Name of proposed Superintendent 714.552.1660 Telephone No. of proposed Superintendent Ayala Park Improvements Project-$1,585,199.27 9/7/2022 Demolition of existing/installation of new:parking lot,adjacent landscape(including irrigation),hardscape Project Name&Contract Amount Type of Work Date Completed Buena Park MPR Renovation Project-$2,076,500 Demolition of existing and installation of new: Parking Lot,Mult-Purpose room infrastructure,Plumbing,Drinking Fountains,etc. 2/15/2023 Project Name&Contract Amount Type of Work Date Completed Leuzinger High School-Girls Gymnasium Renovation-$1,458,357 1/31/2023 Demolition of existing portion of gymnasium,new concrete foundation,slab,new concrete ramps, site concrete,asphalt,drinking fountains,new windows,doors and hardware Project Name&Contract Amount Type of Work Date Completed *Multiple other similar park projects completed by both the Superintendent and Project Manager past the most recent 5 years.Available upon request C-13 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.I4.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPW CRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Klassic Engineerin and Construction Inc. Contractor Keivan Shirali By B idsRa,Kecigroup.com Email C.E.O./President/Secretary/Treasurer/Manager Thereof Title Date: 3/2/2023 PWC Registration#: 1000014420 C-14 A�o® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 05/10/2024 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(ies)must 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 Mike Shirazi NAME: Golden Capital Insurance PHONE g18 654-6985 FAX 21800 Burbank Ave.,#240 LA/C.No.Ext): ( ) (A/C,No): Woodland Hills,CA 91367 ADDRESS: service@goldencapitalins.com Phone:(818)654-6985 Fax:( )_ INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: CUMIS Specialty Insurance Company Inc. 12758 INSURED INSURER B: Everest Premier Insurance Company 16045 Klassic Engineering and Construction,Inc. INSURER C: INSURER D: 250 S Tustin Ave INSURER E Orange CA 92866- INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AWL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD NAM POLICY NUMBER (MM/DDIYYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY X X CS0001-00312-01 12/29/2023 12/29/2024 EACH OCCURRENCE $ 1,000,000 X CLAIMS-MADE X OCCUR DAMAGE TO D PREMISES Ea occurrence) $ 50,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) _ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B AND EMPLOYERS' YERS'LIABILITY COMPENSATION X 7600021520241 05/01/2024 05/01/2025 X STATUTE ER PER H AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Pollution Liability CSCU01-00312-01 12/29/2023 12/29/2024 Each Occ/Aggregate 1,000,000 A Employment Practices Lull CSCU01-00312-01 12/29/2023 12/29/2024 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CSLB#:759241 City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers are added as additional insureds in regards to General Liability.Coverage is on a primary and non-contributory basis.Waivers of subrogation applies in favor of the additional insureds.Except 10 Days notice of cancellation for non-payment of premium,30-day prior writen notice of cancellation to the certificate holder which require such action per contract or agreement. Endorsement forms attached. CERTIFICATE HOLDER CANCELLATION City of Huntington Beach 2000 Main Street,P.O.Box 190 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Beach,CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 611/46484 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD • This endorsement, effective: 12/29/2023 (at 12:01 A.M. standard time at the address of the Named Insured as showing in the Declarations) forms a part of Policy No: CSCU01-00312-01 Issued to: Klassic Engineering & Construction, Inc By: CUMIS Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY / NON-CONTRIBUTORY INSURANCE ENDORSEMENT (BLANKET) Name of Person or Organization Name of Project Any person or organization to whom the Named Insured Where specified by fully executed written contract that was has agreed by a written contract that was fully executed fully executed prior to an "occurrence". prior to an "occurrence"that such person or organization be added as an additional insured under this policy on a primary and noncontributory basis, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to "occurrences" subsequent to the making of such fully executed written contract otherwise covered by this policy. Effective Date: 12/29/2023 It is agreed that this policy is amended as follows: Notwithstanding any other provision of this policy to the contrary, the insurance afforded to the person or organization named in the above Schedule shall be primary to, and non-contributory with, any other insurance available to such person or organization, but only as respects liability resulting from "your work" performed by the Named Insured at the project designated in the Schedule above for the person or organization named in the Schedule above. This endorsement applies only to "bodily injury" or "property damage" caused by an "occurrence" under Coverage A and not otherwise excluded in the policy. All other terms, conditions and exclusions under the policy are applicable to this endorsement and remain unchanged. CSGL 00233 00 08 16 Includes copyrighted material of Page 1 of 1 Insurance Services Offices, Inc., used with its permission POLICY NUMBER: CSCU01-00312-01 COMMERCIAL GENERAL LIABILITY CG24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract or written agreement, provided such contract or agreement was executed prior to the date of loss,injury or damage. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 1 f7 POLICY NUMBER: CSCU01-00312-01 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations Any person or organization to whom the Named Insured Where specified by fully executed written contract. has agreed by a fully executed written contract that such person or organization be added as an Additional Insured, but only with respect to operations performed by or on behalf of the Named Insured and only with respect to occurrences subsequent to the making of such fully executed written contract otherwise covered by this insurance. 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 2. If coverage provided to the additional insured include as an additional insured the person(s) or is required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury", will not be broader than that which you are "property damage" or "personal and advertising required. by the contract or agreement to injury"caused, in whole or in part,by: provide for such additional insured. 1. Your acts or omissions;or B. With respect to the insurance afforded to these 2. The acts or omissions of those acting on your additional insureds, the following additional behalf; exclusions apply: in the performance of your ongoing operations This insurance does not apply to"bodily injury"or for the additional insured(s) at the location(s) "property damage"occurring after: designated above. 1. All work, including materials, parts or However: equipment furnished in connection with such work, on the project (other than service, 1. The insurance afforded to such additional maintenance or repairs)to be performed by or insured only applies to the extent permitted on behalf of the additional insured(s) at the by law;and location of the covered operations has been completed;or CG 20 10 0413 ©Insurance Services Office, Inc.,2012 Page 1 of 2 POLICY NUMBER:CSCU01-00312-01 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2010 0413 ©Insurance Services Office, Inc.,2012 Page 2 of 2 POLICY NUMBER: CSCU01-00312-01 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. J ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) _Location And Description Of Completed Operations Any person or organization to whom the Named Where specified by fully executed written contract Insured has agreed by a fully executed written contract that such person or organization be added as an Additional Insured for Completed Operations Coverage,but only with respect to operations performed by or on behalf of the Named Insured and only with respect to occurrences subsequent to the making of such fully executed written contract otherwise covered by this insurance. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement,the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law;and applicable Limits of Insurance shown in the 2. If coverage provided to the additional insured Declarations. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ©Insurance Services Office, Inc.,2012 Page 1 of 1 Executed in Triplicate BOND NO. GM238055 PREMIUM: $8,203.00 PERFORMANCE BOND Premium charged is for the contract term and is subject to adjustments based on the final contract price. KNOW ALL PERSONS BY THESE PRESENTS: • • WHEREAS,City of Huntington Beach(hereafter referred to as"City") has, by written agreement dated May 24 ,2024 entered into a contract with Klassic Engineering and Construction Inc. 250 S. Tustin Street, Orange. CA 92866 (name and address of Contractor) (hereinafter referred to as"Principal"),for performance of the work described as follows: • • Le Bard Park Improvements CC-1668 • (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are • • incorporated herein by this reference made a part hereof as though set forth herein in full;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt,full and • • faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of • California(hereinafter referred to as"Surety");and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said • Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M. Best,Moody's, or Standard&Poor's,to validate that Surety has positive ratings of being secure or • Stable;and Surety is registered and listed with the California Department of Insurance, NOW,THEREFORE,we,the undersigned,as Principal,and Great Midwest Insurance Company 800 Gessner Rd Ste 600. Houston TX 77024 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Two Hundred Seventy Three Thousand Four Hundred Twenty Five and ninety cents Dollars($ 273,425.90 ),this amount being not less than one hundred percent of the price set forth in the Contract,in lawful money of the United States,for the payment of which sum,well and truly to be made, • we bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these • • presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly,fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in • strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time;and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as"Obligees")fromany and all losses, liability and damages, claims,judgments,stop notices,fees and costs of every description,whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract,including all alterations,amendments and modifications thereto,and any warranties or guarantees required thereunder,then this obligation shall be void;otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration,change,deletion,addition or other modification to the Contract,or the work to be performed thereunder,shall in any way affect,limit,restrict,impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price,and any other alteration,change, deletion,addition or other modification to the Contract,or the work to be performed thereunder,and agrees • • • 1 5-45 84/1 1 71 74 Bond No. GM238055 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 SEE 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 All.�.��H E Principal to execute or properly execute this bond. Dated: May 29,2024 ATTEST Klassic En ineerin and Construction Inc 250 S Tuctin StrPPt OranpPne C ' (Corporate Seal) (Princi Name) ame: Title: ATTEST Great Midwest Insurance Company 800 GPssnpr Rd StP R00,Hnustnn TX 77024 (Corporate Seal) (Surety Name MAY 2 9 202i • Name:E and N.Hackett.Attorney-in-Fact (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) (713)935-4800 (Area Code&Telephone Number for Surety) • APPROVED AS TO F By: ichael E.Gates,City Attorney Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. PERFORMANCE BOND Page 2 of2 15-4584/117174 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange } On MAY 2 9 202f before me, C. Maestas , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Edward N. Hackett 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. t� 'r� C, blic.MAES cS Notary Public-California I certify under PENALTY OF PERJURY under the laws of Orange County the State of California that the foregoing paragraph is true <- % Commission p 2456669 and correct. i,roG � My Comm,Expires Aug 1,2027 Witness my hand and official seal. Signature� .: — Place Notary Seal Above otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Performance Bond No. GM238055 Document Date: MAY 2 9 2024 Number of Pages: D\___ Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Edward N. Hackett Signer's Name: None ❑ Individual ❑ Individual El Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): El Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General d Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation,with its principal office in Houston, TX, does hereby constitute and appoint: Edward N. Hackett, Christine Maestas its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY, on the 1 s"day of October, 2018 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed Twenty-Five Million dollars ($25,000,000.00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact,so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 11 th day of February,2021. ��S`VNSUggN\c r GREAT MIDWEST INSURANCE COMPANY oc, CORPORATE SEAL 1 BY vJ Vitie<,---- 0 Mark W. Haushill President FIRS CORPO9'' ACKNOWLEDGEMENT On this 11th day of February, 2021, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and say that he is the President of GREAT MIDWEST INSURANCE COMPANY,the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. 0:12t,, CHRISTINA BISHOP . %Notary Public,State of Texas BY �y ���•q+'�`�= Comm.Expires 04-14-2025 Christina Bishop O� Notary ID 131090488 Notary Public i is CERTIFICATE I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY,A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Houston, TX this 29th Day of May , 20 24 . EE? BY Secretary "WARNING:Any person who knowingly and with Intent to defraud any insurance company or other person,files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to c;iminal and civil penalties. No. 5780-2 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY,That,pursuant to the Insurance Code of the State of California, Great Midwest Insurance Company of Texas, organized under the laws of Texas,subject to its Articles of Incorporation or other fundamental organizational documents,is hereby authorized to transact within this State,subject to all provisions of this Certificate, the following classes of insurance: Fire,Marine,Surety,Disability,Plate Glass,Liability, Workers'Compensation,Common Carrier Liability,Boiler and Machinery, Burglary,Credit,Sprinkler,Team and Vehicle,Automobile,and Aircraft as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF,effective as of the 4`h day ofAugust,2015, I have hereunto set my hand and caused my official seal to be affixed this 4th day of August, 2015. • Dave Jones s _ Insurance Commissioner ' , ' - \71/1/L: By Valerie Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. 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 05/30/2024 before me, Andrew Makoto Cervantes, Notary Public (insert name and title of the officer) personally appeared Keivan Shirali who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 3 ANDREW MAKOTO CERVANTES WITNESS my hand and official seal. > ` CoCER 2431884 rn N ''; l'x NOTARY PUBLIC•CALIFORNIA V� / ORANGE CUU"1SY «a4 My COMM.EXP.DEG 20,2026T O Signature (Seal) Executed in Triplicate BOND NO. GM238055 Premium included in charge for Performance Bond. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: • WHEREAS,City of Huntington Beach(hereafter referred to as"City')has awarded to Klassic Engineering and Construction Inc. 250 S.Tustin Street.Orange.CA 92866 (name and address of Contractor) (hereinafter referred to as"Principal"),a contract("Contract")for the work described as follows: Le Bard Park Improvements,CC-1668 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M. Best, Moody's or Standard &Poor's,to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE,we,the undersigned Principal,and Great Midwest Insurance Company 800 Gessner Rd Ste 600,Houston TX 77024 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Two Hundred Seventy Three Thousand Four Hundred Twenty Five and Ninety Cents dollars($ 273,425.90 ),this amount being not less than one hundred percent(100%)of the total price set forth in the Contract,in lawful money of the United States of America,for the payment of which sum,well and truly to be made,we bind ourselves,and each of our heirs, • executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his,her,or its heirs,executors, administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code("Claimants")for all labor,materials or services used or reasonably required for use in performance of the work described in the Contract,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant,or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775,1813 or 1815 of the Labor Code,or any amounts required to be deducted,withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract,Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. PAYMENT BOND Page 1 of 2 1 5-5 84/1 1 735 7 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 SEE 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 ATTACHEE Principal to execute or properly execute this bond. Dated: May 29,2024 ATTEST Klassic En.ineerin.and nstruction Inc. • (Corporate Seal) (Pr• ipal By: Name. - rwommirie Title: e. 0 ATTE Great Midwest Insurance Company 800 Gessner Rd Ste 600.Houston TX 77024 (Corpo (Surety Name) Name:Edwa d N.Hackett Attorney-in-Fact (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) Q13)935-4800 (Area Code&Telephone Number for Surety) APPROVED AST M: By: ' hael E.Gates, ity ttorney 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 1 5-4 5 84/11 73 5 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On MAY 2 9 2024 before me, C. Maestas , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Edward N. Hackett 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) c.MAESTas acted, executed the instrument. Notary Public•California VA) I certify under PENALTY OF PERJURY under the laws of Orange County Commission 2456669 the State of California that the foregoing paragraph is true and correct.C My Comm.Expires Aug 1,2021 — Witness my hand and official seal. Signature Place Notary Seal Above Si otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Payment Bond No. GM238055 Document Date: MAY 2 9 2024 Number of Pages: Signer(s) Other Than Named Above: None Capacity(ies)Claimed by Signer(s) Signer's Name: Edward N. Hackett Signer's Name: None ❑ Individual El Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General 0 Partner ❑Limited El General l Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS,that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation,with its principal office in Houston, TX, does hereby constitute and appoint: Edward N. Hackett, Christine Maestas its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY, on the 1st day of October,2018 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed Twenty-Five Million dollars ($25,000,000.00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact,so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 11th day of February,2021. : ._._tra Nc GREAT MIDWEST INSURANCE COMPANY o \(1114 CORPORATE SEAL BY Mark W. Haushill o� President ASCORPOR�� ACKNOWLEDGEMENT On this 11th day of February, 2021, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and say that he is the President of GREAT MIDWEST INSURANCE COMPANY,the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. i 1 "tttt v.... .. CHRISTINA BISHOP S otary Public,State of Texes BY Ci7J-V----- OritEN �? Comm, Expires 04-14-2026 Christina Bishop 4,40 i* Notary ID 131090488 Notary Public t CERTIFICATE I,the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY,A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Houston,TX this 29th Day of May , 20 24 . si 1NSUggN e't ceo i CORPORATE SEAL ) BY Leslie K. Shaunty o4 Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person,files and application for insurance of claim containing any materially false information, or conceals for the purpose or misleading, information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime and subjects such parson tG;.:4ninal and civil penalties. No. 5780-2 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY,That,pursuant to the Insurance Code of the State of California, Great Midwest Insurance Company of Texas, organized under the laws of Texas,subject to its Articles of Incorporation or other fundamental organizational documents,is hereby authorized to transact within this State,subject to all provisions of this Certificate, the following classes of insurance: Fire,Marine,Surety,Disability,Plate Glass,Liability, Workers'Compensation,Common Carrier Liability,Boiler and Machinery, Burglary,Credit,Sprinkler,Team and Vehicle,Automobile,and Aircraft as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all,and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF,effective as of the 4th day ofAugust,2015, 1 have hereunto set my hand and caused my official seal to be affixed this 4fh day of August, 2015. .a'• b00- 27 ' 41" gs �. Dave Jones . Insurance Commissioner aljt By Valerie Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. 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 05/30/2024 before me, Andrew Makoto Cervantes, Notary Public (insert name and title of the officer) personally appeared Keivan Shirali who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SFyoF Ns ANDREW MAKOTO �r CERVANTES \\ WITNESS myhand and official seal. 'n CoMM.42431884 (� � "" ,`.- R NOTARY PUBLIC•CALIFORNIA Sri4 •,. ORANGE COUNTY G ° MY COMM.EXP DEC.20,20261 Signature gregalliP (Seal) ',""� � City of : _,untington Beach _ _w., t� 2000 Main Street • Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov V(1%oq r, , g 4)l Office of the City Clerk 'FCo 5ff Robin Estanislau, City Clerk J ,g June 11, 2024 Klassic Engineering and Construction Inc. Attn: Kevin Shirali 250 South Tustin Street Orange, CA 92866 Re: Klassic Engineering and Construction Inc. —CC1668 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Ar'rifft, edhliZZatttd Robin Estanislau, CMC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copy of insurance Triplicate/Original (1 of 3) bonds Sister City: Anjo, Japan Request for Taxpayer Give Form to the Form (Rev.October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service P.Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. Klassic Engineering and Construction Inc. 2 Business name/disregarded entity name,if different from above Klassic Engineering and Construction Inc. m 3 Check appropriate box for federal tax classification of theperson whose name is entered on line 1.Check onlyone of the 4 Exemptions(codes apply onlyto o P PP Y following seven boxes. certain entities,not individuals;see a instructions on page 3): p ❑ Individual/sole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trust/estate single-member LLC ai c Exempt payee code(if any) ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► o i? Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting c w LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that n v is disregarded from the owner should check the appropriate box for the tax classification of its owner. U Other(see instructions)► (Applies to accounts mamfaned outside the U.S.) � ❑ (1) 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) a 250 South Tustin Street 6 City,state,and ZIP code Orange,CA 92866 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding.For individuals,this is generally your social security number(SSN). However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other - - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 3 3 _ 0 8 2 8 6 3 4 Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding:and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am e pt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you) notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax ret, f / o r I estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,canncIlation co ributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,y "are not re it d to sig t 1a rtif ation,but you must provide your correct TIN.See the instructions for Part II,later, Sign Signature of Here U.S.person► Date► 3_2 2-- yen Z General Ingructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include, but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding. See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) Home I Online Services I License Detail I Personnel List ()Contractor's License Detail (Personnel List) Contractor 759241 License# Contractor KLASSIC ENGINEERING&CONSTRUCTION INC Name Click on the person's name to see a more detailed page of information on that person Licenses Currently Associated With Name KEIVAN SHIRALI Title RMO/CEO/PRES Association 02/18/1999 Date Classification A Additional There are additional classifications that can be viewed Classification by selecting this link. Licenses No Longer Associated With Name LORA LYNNE SHIRALI Title OFFICER Association 02/18/1999 Date Disassociation 01/09/2009 Date Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification Copyright©2024 State of California 1/1 I IIIIIIII IIII III 1111111 III IIII I 1111111 11111 liii IIIII IIIII 11111 11111 IIIII 11111 11111 11111 11111 11111 IIII IIII tQw BA20231560319 rn ;ls,. STATE OF CALIFORNIA �' For Office Use Only rOffice of the Secretary of State we STATEMENT OF INFORMATION -FILED- CORPORATION 0 California Secretary of State File No.:BA20231560319 0 Z S L• 1500 11th Street Sacramento,California 95814 Date Filed: 10/5/2023 0 (916)653-3516 - tv O IJ 1i.1 Entity Details co Corporation Name KLASSIC ENGINEERING&CONSTRUCTION, INC. IA CO Entity No. 2124494 Formed In CALIFORNIA Street Address of Principal Office of Corporation fD Principal Address 250 S. TUSTIN AVE. m ORANGE, CA 92866 H- m Mailing Address of Corporation s1 Mailing Address 250 S. TUSTIN AVE. kC ORANGE, CA 92866 Attention KEIVAN SHIRALI a H ~- Street Address of California Office of Corporation 1-1, Street Address of California Office 250 S. TUSTIN AVE. o n ORANGE, CA 92866 Officers C co Officer Name Officer Address Position(s) n KEIVAN SHIRALI 250 S. TUSTIN AVE. Chief Executive Officer, Secretary, Chief Financial Officer m ORANGE, CA 92866 'r ru k< Additional Officers 0 h.. Officer Name Officer Address Position Stated Position to None Entered rr rD rr m Directors Director Name Director Address KEIVAN SHIRALI 250 S. TUSTIN AVE. ORANGE, CA 92866 The number of vacancies on Board of Directors is: 0 Agent for Service of Process Agent Name KEIVAN SHIRALI Agent Address 250 S.TUSTIN AVE. ORANGE, CA 92866 Type of Business Type of Business CONSTRUCTION Email Notifications Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email. Labor Judgment No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law,for which no appeal therefrom is pending,for the violation of any wage order or provision of the Labor Code. Page 1 of 2 w N Electronic Signature rn ® By signing, I affirm that the information herein is true and correct and that I am authorized by Califomia law to sign. ,A Keivan Shirali 10/05/2023 r, Signature Date O to Ni O N w co iA co rid (D 0 rn r- C (D rr k< 0 H r- �n 0 a m 0 n (D rt Pi) n 0 i-n m rr SL rr cD Page 2 of 2 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) •A, Q CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: IA III2 SUBJECT: Bond Acceptance I have received the bonds for CaY'.SiYU e m . 1 1/I.(/. C (ComrCJ' Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. &NA 23% 055 Payment Bond (Labor and Materials) Bond No. (D rs42-55055 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 55/1-/2_02.9 (Council Approval Date) CC No. I LOg Age -+tem No. v2 N Z32- MSC No. City Clerk Vault No. 1,00. SD Other No. SIRE System ID No. gJforms/bond transmittal to treasurer UNT1N� 2000 Main Street, Poi, ti Huntington Beach,CA _ ® Pc City of Huntington Beach 92648 APPROVED 7-0 File #: 24-232 MEETING DATE: 5/7/2024 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: Denice Bailey, Capital Project Administrator Subject: Accept bid and authorize execution of a construction contract with Klassic Engineering & Construction, Inc. in the amount of$273,425.90 for the LeBard Park Improvements Project, CC-1668 and authorize change orders not to exceed 15 percent Statement of Issue: Last year, on March 2, 2023, the City received several bids for the Le Bard Park Improvements Project, CC-1668 and awarded the construction contract to Aguilar & Calderon Corporation (Aguilar). However, the City had to issue a Termination for Convenience of the construction contract with Aguilar on February 6, 2024, and it is now requested that the City Council award a new construction contract to Klassic Engineering & Construction, Inc., (Klassic) the next lowest responsive and responsible bidder, to complete the remainder of the Le Bard Park Improvements Project. Financial Impact: Total construction cost for the project, including the base bid, contingency and supplemental . expenses is $1,065,049.80, which was approved by Council on March 21, 2023. To date, $505,092.27 of the budget has been paid to Aguilar with an additional $150,000 in pending project expenditures. The remaining project funds are available in the Park Development Impact Fee account 22845017.82900 ($281,569) and in Infrastructure Fund account 31440005.82800 ($73,885). Sufficient funds are available to cover the new, proposed contract with Klassic for $273,425.90. Recommended Action: A) Accept the next lowest responsive and responsible bid submitted by Klassic Engineering & Construction, Inc. in the amended amount of$273,425.90; and, B) Authorize the Mayor and City Clerk to execute a construction contract in the form approved by the City of Huntington Beach Page 1 of 3 Printed on 5/1/2024 power&$'LegistarTM File #: 24-232 MEETING DATE: 5/7/2024 City Attorney; and, C) Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the contract construction costs, or $41,013.89. Alternative Action(s): Reject staff recommendation and direct staff to: A) Reject all bids and rebid the project, or B) Revise the proposed contract award to Klassic Engineering & Construction, Inc. to decrease the project scope. Analysis: The LeBard Park Improvements Project scope replaces tennis courts and removes the existing clubhouse building adjacent to the Santa Ana River at Indianapolis Ave. Prior improvement efforts made by Aguilar include demolishing the clubhouse building, replacing the tennis courts concrete slab, and installing irrigation. The remaining project scope includes repair of the existing tennis court fencing, windscreen, court resurfacing, netting, and replacement with park greenspace and table seating and renovations to adjacent park landscaping. The project was designed and bid with a base scope and two add alternatives for budget consideration. Add Alternate No..1 included a concrete pad with table seating in lieu of an open green space replacing the clubhouse building. Add Alternate No. 2 includes replacement of an existing post piling park fence with a new lodge-pole fence. Bids were opened on March 2, 2023 and are listed in ascending order below. Basis of award for the project is the price for the base bid and add alternate No. 1 and add alternate No. 2. Bidder Submitted Bid 1 Green Giant Landscape Inc $ 832,550.00 2 Aguilar& Calderon Corporation $ 999,879.50 3 Klassic Engineering & Construction Inc. $ 1,035,103.50 4 Elegant Construction Inc. $ 1,045,580.70 5 C.S. Legacy Construction, Inc. $ 1,095,578.00 6 KASA Construction, Inc. $ 1,226,743.75 7 Armstrong Cal Builders Inc. $ 1,253,498.00 8 JT Construction Group Inc $ 1,277,659.48 9 MBC Enterprises Inc. $ 1,288,621.70 10 Legion Contractors, Inc. $ 1,375,269.55 11 Rhome Profile Construction $ 1,376,461.24 12 M.S Construction Management Group $ 1,377,296.70 City of Huntington Beach Page 2 of 3 Printed on 5/1/2024 powers?'LegistarTM File #: 24-232 MEETING DATE: 5/7/2024 The low apparent bidder at time of bid opening was Green Giant Landscaping, Inc.; however, this firm did not possess the necessary licensing required at the time of bid opening. Therefore, Green Giant Landscape, Inc. was deemed non-responsive. The lowest responsive and responsible bidder, Aguilar, bid the project as outlined below excluding add alternates No.1 and No. 2, which were determined not needed at this time: Award $ 887,541.50 10% Construction Contingency $ 88,754.15 Construction Administration $ 88,754.15 Total Project Cost $1,065,049.80 Aguilar was terminated for convenience due to an impasse on contractual issues. A Termination for Convenience enables the City to legally bring the contract to an end without the need to establish that either party was in default and allows the City to arrange for another Contractor to complete the project. Given the Termination for Convenience of Aguilar, the next lowest responsive and responsible bidder, Klassic, bid the remaining project scope as outlined below excluding add alternates No.1 and No. 2: Award $ 273,425.90 15% Construction Contingency $ 41,013.89 Construction Administration $ 41,013.89 Total Project Cost $ 355,453.68 Environmental Status: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301. Strategic Plan Goal: Goal 6 - Infrastructure Investment, Strategy C - Conduct an assessment of all City facilities to determine priorities for upgrades and repairs, implementation and financial priority. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Vicinity Map 2. PowerPoint Presentation 3. Previously approved Project RCA 4. Klassic Engineering & Construction, Inc. Bid Proposal City of Huntington Beach Page 3 of 3 Printed on 5/1/2024 power LegistarTM VICINITY MAP . NOT TO SCieftLE , yoRktowN AVE. ADAMS AVE , ci cc 04 ec is.... 1.-- cri v) INDIMAPOLIS AVE vl ' 19'ROJECT ,-.. AREA Z ---. -.4. 1: 4:::41 `44K (IC ,Z (5 tn, 0:71 ILI Z l' OZ 0- 4:;J , 1 ATLANTA AVE VICTORIA ST, HAMILTON AVE ....---*------ i It 285 3CALE: KT.& 'I, L, �� flNG T ... kJ •••••••• 0* li, % 4„ , .�•• ,,,, ,pR PO RAT, .� \ • .. , . 14k _________ ______:_ __ __, .. I71 lik . ,r,.; A III 1,. 1 " if!' Le Bard Park - - __ ______ _- - - - - Improvements _____, ,____ a.,- ji,,,A, , _, .., )_,/,,,/,/„..: ii........, f • _ _ . roj e c 0 _ , _____ 0 • , ' PO •�� CO01 •�• • 17, g p9 ••. •••••••••••• \,01C 00 .. 0 UNTN t ## P ## YORKTOWN AVE • Project Location ADAMS AVE. wpe Ni 'ROJECT rNDranwaotrs AVE AREA c x a § 6 ti, ATLANTA AVE: VICTORIA SE HAMILTON AVE. /� I�i�� 11 NG 7-4-- VICTORIA ` .l OF \,�GOFeoq',Fp. ep\ 1 = v \ 1;1 \ %V 11' ,,� _e____ ._ o�!1 il SCALE: N.T.S. \�:�F�oU`�T �P���� ..,,. Cost Summary • Total Funding - $1 ,065,049.80 • Funds available - $409,957.60 • To finish project, request award to 2nd lowest bidder — Klassic Engineering & Construction • Recommended action includes award: Award $ 273,425.90 Construction Contingency $ 41,013.89 Construction Administration$ 41,013.89 Total Project Cost $ 355,453.68 Project History - Prior Efforts a4. r fi , .v a it,+r• �i• • iv• f i - Tr • ita �� .., .pil 4 Vim.. .fi:)� t� �� { s e t r Ls .• yy.. c .;�.�.. ' ::: ..:;-� 1. I F'91.`l.Y'"7 ,�1 —s- '__— —..._. ic,.,,�q- r:4 a� _ r ` ,.�" `.. '( j qq rY ,• i.,A - - �_. _.. ......:®. -. / ". terra, i+ r• '. i q� •S . . 9 • i .-s 4 . .. • Completed Work - demolished the clubhouse building, replaced the tennis courts concrete slab, and installed irrigation � � Y �� fa F�§` i.�' 8 � ` .. d 9*a !`St � f Ps . .1 p ,j2 . fit r e 5 L .-. 1441 Nir � ; �I��� a wsR 1r: ' ' ?e_ r" FA-el-0'k�i#k :&kY3 :4` *`pk t,T4 _, as# ,. t 'R dam' --x :. - .., •, �y { � tati'1 s ° • "3' - , ark -z -a ,a ;'.�y;5r..�'r ' A� . �' w ,pis rv'"� .- x' "'- . < a..R.- '�. !. to kt - , ac".g'$'�i +,a yr" g s. -' '' �:. 'K"' R," Ay a<. .. k t:mow �,# F a w s r '' a. - s '7i'•�Y•zI ° "i" ,Ti. "` a''a x s art ' �_��,.y 3 • , i rye �'�, l�a "'°'"`= b _ { v> *,; e. :, ... ," , i,.. C k if ,,;s ayRi t . k F• . a I �• �'t` T t` ...r"� "e +✓ ,� -a.�q f �� '�#��- ��` � L t � ry�}�mC�': ter. ' � -?•�'�•� { •,..�......�._,_._..�.,� � �. : .tom �} Y ^`t a. x mom + - '',,,''�-, ,,c,,� , [�' ' `4. \ ..<....� ,. . '' .•3.h _r' _ k— ; - . . ' tnitc. & i� fl '2 .„ ' -F'2°- Rya;.'-+` �• r, `k :e.-.w' "" �7 �+n; ('xE y-- " '''4tirj, 4A.2, ,-i.trZ'-Ilr rtg--271---1' a j-i .,-4J:.':' 'r '''''::11,1..''''-r.i.'1;7.7:?:::14:4,.4341tw''''':*:-.'4:4;%471:44t'51:It'''—'1"411 +r y °}e '""'.:. '• „' ,r,. ,- -v,.,�,rm,ter„ -off . • x* " •iS.r..,'+ a .M. •„s .,a, Ez, � m ,94 - �; ... v.. "da£ , . 1.4P... ! .+�.a"�k' s�.S* .3s• — ;` ti x.- 4f4 fe 4 i P .71 '}h r__ w, r 7 x X j.. 4.,' .1,1` , 4'k t ..' •.' e • 4 : C''d•i+Y _3i�i...:.`i 31 e Remainingwork to be done • Repair of the existing tennis court fencing, windscreen, court resurfacing, netting, and replacement with park greenspace and table seating and renovations to adjacent park landscaping • .;•"i ts:"* • ,,fi. t.a 61, as,� �'L t t" ,, '-', y a ya ,, .H€#�• A 1 ,.CC `� .` ` f '. -",,, t . : ' ', �At' a tm � Ic"'a" ° ?4p + 'e`) 7a{ xs 'C :x � , y�j ^i" s �»r .e t *� i= ,a k�,t�.s .r9if�4� .) 1 iffiy;- ',L.z - 1.m. r ?, `,a -1 • .14 4 4 rg .5.6.-7,,,.;,,,,,w:„.„-.„,,,-7. .,z<.- �"x 7 ex,,g ,• ~ } t �s , ii n`t -.,s,, .„ rt ; a"'Irp,•A.'":",-..i--17.,.., ,"', .-,,,",•".,,,,e •.',...,!,,,:,,,,,,5i.:,,..po, 11 .)t c y `° � J` j(j pyC ? - ..''‘ - -1/4,...c r::::: �,,47:4 - v :: A 'I--%-'.-yt tr''Yr 5a, *.. by t .'# _ i € �,�/y .tom f jj ' *---"" :" ''. ''''. ' :1;., e }4 l ` I „ I c , ., ... .• •.7.:f.:-::::-,.... „ - ...,.,,;•'•;•:::1,.:•.P. ' . . ''-' � - i;:- at " ..�. 4+n-.� .i.d Asa+.. _. Oil• Cii) 0 u) a) M pprovecA T-c, - ' 2000 Main Street, F;�'.' -7,4 Huntington Beach,CA # rp City of Huntington Beach 92648 9 ""' ?,, OF4pUN ,,Q�L,, File#: 23-223 MEETING DATE: 3/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: Brian Polivka, Capital:Project Administrator Subject: Accept bid and authorize execution of a construction contract with Aguilar &Calderon Corporation in the amount of$887,541.50 for the Le Bard Park Improvements Project, CC-1668 Statement of Issue: On March 2, 2023, bids were received for the Le Bard Park Improvements Project, CC-1668. Following a review of the bids, it is requested that the City Council award a construction contract to Aguilar& Calderon Corporation, the lowest responsive and responsible bidder. Financial Impact: Total construction cost for the project, including the base bid, contingency and supplemental expenses is $1,065,050. Sufficient funds are budgeted in the FY 2022-2023 Operating Budget; $786, 661 is available in the Park Development Impact Fee account number 22845017.82900 and $278,389 is available in Infrastructure Fund account number 31440005.82800 for the project. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Aguilar& Calderon Corporation in the amount of$887,541.50; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Actions):. Reject staff recommendation and direct staff to: A) Reject all bids and rebid the project, or B) Revise the proposed contract award to Aguilar& Calderon Corporation to increase the project scope to also include the Add Alternate No. 1. This would increase the total project cost to a total of City of Huntington Beach Page 1 of 3 Printed on 3/16/2023 powerM LegistarTM File #: 23-223 MEETING DATE: 3/21/2023 $1,160,945.40. Additional unidentified funding would be required. Analysis:, The Le Bard Park Improvements Project will replace tennis courts and remove the existing clubhouse building at the park adjacent to the Santa Ana River at Indianapolis Ave. Prior efforts at the park have renovated playground equipment and baseball field facilities. Current project scope includes repair and replacement of the existing tennis court fencing, windscreen, concrete slab, netting, clubhouse building demolition and replacement with park greenspace and renovations to adjacent park landscaping. The project was designed and bid with a base scope and two add alternatives for budget consideration. Add Alternate No. 1 includes a concrete pad with table seating in lieu of an open green space replacing the clubhouse building after demolition. Add Alternate No. 2 includes replacement of an existing post piling park fence with a new lodge-pole fence. Bids were opened on March 2,.2023 and are listed in ascending order below. Basis of award for the project is the price for the base bid and add alternate No. 1 and add alternate No. 2. Bidder Submitted Bid 1 Green Giant Landscape Inc $ 832,550.00 2 Aguilar& Calderon Corporation $ 999,879.50 3 Massie Engineering & Construction Inc. $ 1,035,103.50 4 Elegant Construction Inc. $ 1,045,580.70 5 C.S. Legacy Construction, Inc. $ 1,095,578,00 6 KASA Construction, Inc. $ 1,226,743.75 7 Armstrong Cal Builders Inc. $ I,253,498 00 8 JT Construction Group Inc $ 1,277,659♦48 9 MBC Enterprises Inc. $ 1,288,621.70 10 Legion Contractors,Inc. $ 1,375,269.55 11 Rhome Profile Construction $ 1,376,461.24 12 M.S Construction Management Group $ 1,377,296.70 The low apparent bidder at time of bid opening was Green Giant Landscape, Inc.; however, this firm did not possess the necessary licensing as noted to be required per the project specifications at time of bid opening. Therefore, Green Giant Landscape, Inc. is deemed non-responsive. The lowest responsive and responsible bidder for the project is Aguilar& Calderon Corporation as outlined below: • Base Bid $ 887,541.50 Add Alternate No. 1 $ 79,913.00 (concrete pad w/table seating) Add Alternate No. 2 $ 32,425.00 (lodge-pole fence) Total Bid (Basis of Award) $ 999,879.50 City of Huntington Beach Page 2 of 3 Printed on 3/16/2023 powereM Legistar'L' File#: 23-223 MEETING DATE: 3/21/2023 The total project cost with Alternative Action B) scope including add alternative No. 1 is $1,160,945.40 as outlined below: Base Bid $ 887,541.50. Add Alternate No. 1 $ 79,913.00 10% Construction Contingency $ 96,745.45 (concrete pad wl table seating) Construction Administration $ 96,475.45 Total Project Cost $1,160,9.45.40 The total cost of the proposed project excluding add alternates No.1 and No. 2 is $1,065,049.80 as outlined below: Award $ 887,541.50 10% Construction Contingency $ 88,754.15 Construction Administration $ 88,754.15 Total Project Cost $1,065,049.80 Since the original conceptual approval of the project and CIP budget allocation, construction costs have increased significantly. During the design phase, an engineer's estimate was received at approximately $800,000. Additional funding was expected to be needed to support the project and has been identified via the Schroeder Park Improvements project Infrastructure Funds account number 31440005.82800. The Schroeder Park Improvement project is currently in design. Therefore to stay within budget and available funding staff is recommending awarding the contract for $1,065,049.80 which excludes Add Alternates 1 and 2. CIAB/Public Works, Commission Action: The CIAB/Public Works Commission recommended this project on January 18, 2023, by a vote of 7- O. Environmental Status: This project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Vicinity Map 2. PowerPoint Presentation City of Huntington Beach Page of 3 Printed on 3116/2023 powerlat Legistart' VICINITY MAP NOT TO SCALE , YORKTOWN AVE. ADAIvIS AVE. LLI ILI LLI 44 Ci Cc t: t.... k , •ROJECT IAIDIANAPOUS AVE.tn (f) co a- AREA oc 6 1 C.D l'C (I) CD LL,I Z CC) 0 CC 0:1 ATIAIVTA AVE. VICTORIA ST. HAMILTON AVE. .,,--'-- - I 'P.tst 1 523 3.CALE: N.T.S. 296 7L �� rL NG / , r•i a.. " / 04/ 1111',. FD • �i ....._ i„ � al C.) a Bard P. wi �,�r � Imp _ __ .- • m r ov em e n� - ts ___ _ _._ _ _____=__:.. ip ! L; " .....4--, • _/ _,.....„7-- • Project ,.____ _ _ __ . ,, ,,, j p 1 _ • , . , , 8 •. 17, igni 4. ‘<sc 0 JONTNC.16.° N\00\ 40 1 297 • Table of C YORKTOWN AVE • Staff Report • Project History ADAMS AVE - Prior Efforts - Current Condition • Project Scope I y INDWNAPOUS AVf y ce H AREA CT • Questions coz m ATIANTA AVE V1CTORA ST. HAMILTON AVE I�• ,,\ INGTO til 1i o..`o�coerusar o.%e?•\ cD —°-__ 1 SCALE: N.T.S. :�cF\oU��jTv CP��/o�oi 298 Staff Report • Construction bids received in March 2023 • Total Funding - $786,661 (Park Development Impact Fee) • Request award to lowest bidder — Aguilar & Calderon Corporation Total Project cost = $1,065,049.80 - Requires reallocation of funds • Recommended action includes award of Base Bid scope only (no add alternates) • Alternative actions: - A) Reject all bids and rebid project - B) Award project scope including Add Alternate No. 1 --> Total Cost = $1,160,945.40 299 Project History - Prior Efforts ., • {� e'�� `�' �'t, •t°"..fit y x+ ', ri* �;. ! n. ,may ri + , } »a4 ' °,t't '+,?rye yo- = •t :'°^� p. .� ,#� �c . ' •{�+ • # "� F - d r�• 1.^" "� "2,iid �.'�./" �r"rj' .;y 4.;�� r "ns (x,-' I`y�t �4�'„ y °C % ' :4:*- 1 f. .. �TM �i�"� ...a"`" S,r.�' � �{,t� r�' i.'a ."t` ' .—" ,,..; ' '� ° j Ivy' �t.'�, g• i� p' # 3' 1 % w.T �1c�.rd, '' ' :_J�,�'.�tl t ,r- I a ,a -. 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Project Scope • Tennis Court Improvements • Clubhouse Removal _ � 0 O e e o e'� �/ .. �.........� r- KCYx0TC5.0 • Landscape Improvements 'Ft-7— ocir.� - � 11 ,./;/ -- w.._ ,,.-.• .., li .../TI ...,,-- ,,,,y ....._. 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I:::-0n.�a �� tea€rat a �� ti .ti ., ,�, q`A� x r4.F�.� ': - +� mot"ts. .P $ r' +q5 `"r '� ,p - Ea i.k°p a„ 3r ee '�3 s',,» it a� t ` at s` 4� r, _., a ti 'a � ��...i,�/�".r� . � �,g9 p.',.. gg .::.sue ,�. � 'Y., �` �'r��; � ....�..✓i . S�� „may y. .. {h ii ., " 1� ' L' " ,,., x �y ,,,,,:„„:,,,,,,,,,„. - - 4-, $` ., z.;' zk`°s�.,,k .ra y w 303 City of Huntington Beach Remaining Line Items for Project Le Bard Park Improvements(CC-1668) Klassic Engineering and Construction Inc. Item 1 Num Section Item Description Unit of Measure Qty. Unit Price Line Item Total: 1 Schedule A-Base Bid Mobilization,Overhead&Profit LS 1 $ 90,000.00 22 Schedule A-Base Bid Tennis Court Benches EA 4 $ 1,000.00 $ 4,000.00 24 Schedule A-Base Bid Hi-Lo Drinking Fountain and Sump EA 1 $ 4,500.00 $ 4,500.00 25 Schedule A-Base Bid Bike Rack EA 1 $ 2,000.00 $ 2,000.00 26 Schedule A-Base Bid Trash Receptacles EA 2 $ 500.00 $ 1,000.00 27 Schedule A-Base Bid Tennis Court S.S.Electrical Panel Enclosure EA 1 $ 25,000.00 $ 25,000.00 28 Schedule A-Base Bid Electrical Meter Pedestal and Concrete Pad EA 1 $ 25,000.00 $ 25,000.00 29 Schedule A-Base Bid 84"Tennis Court Gates,Posts and Footings EA 4 $ 2,500.00 $ 10,000.00 31 Schedule A-Base Bid New C.L.F.at Tennis Courts Gates Allow 1 $ 7,600.00 $ 7,600.00 32 Schedule A-Base Bid Soil Amendments SF 5417 $ 1.20 $ 6,500.40 33 Schedule A-Base Bid 5 Gal.Shrubs EA 113 $ 36.00 $ 4,068.00 34 Schedule A-Base Bid Sod SF 4578 $ 3.00 $ 13,734.00 35 Schedule A-Base Bid 2"Layer of Mulch SF 839 $ 2.50 $ 2,097.50 36 Schedule A-Base Bid Irrigation System Allow 1 $ 6,000.00 $ 6,000.00 37 Schedule A-Base Bid Irrigation Controller,Enclosure and Concrete Pad EA 1 $ 2,500.00 $ 2,500,00 Adjustment Existing Irrigation Heads for Head to Head 38 Schedule A-Base Bid Coverage.Replace Rainbird 8005 heads,as required per EA City Representative.(58,293 s.f.) 36 $ 45.00 $ 1,620.00 Concrete Grinding-Grind off high spots and rough concrete around posts.Sloping-Fill low spots in concrete,Smooth out any rough spots prior to resurfacing courts.Texture removal-Grind off approx.200 sq.ft.of debris left stuck to slab.Windscreens-Furnish and Install windscreens.78% wind blockage,polypropolene,double stitched,9 feet 4 inches high.Mastic-Remove all existing mastic/caulking from expansion joints and install new mastic.Surface new Tennis Court(bare concrete based on medium broom finish and*no curing compound*or ew asphalt).Acid etch, Schedule A-Base Bid power wash to clean.Apply primer coat.Apply black Sportsmaster resurfacer coat mixed with#60 Silica sand to provide a superior base for color coats.Apply two color coats,mixed with#90 sand of Sportsmaster color.Stripe to Specifications We cannot guarantee against the occurrence of any new spalls or pop outs.*Note*Structural Cracks in Concrete will undoubtedly return*Medium speed of play.Stripe play lines,Sharp and Accurate to ASBA specs.Lines to be white Latex Acrylic line paint,unless otherwise specified.Squeegee marks,lines or swirls are always visible in the application process,but will fade over time.Please be aware that only two(2)color choices are available(not including"Bright Red"or"Tournament Purple",these colors are considered Premium 39 Colors and would require an additional fee. $ 67,806.00 Project Total $ 273,425.90 304