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Home My WebLink AboutTTS Engineering Inc - 2024-09-03 (2) RECEIVED BY: CITY CLERK RECEIPT COPY V ` 't ' '',4P (CA Pk Return DUPLICATE to iC- M City Clerk's Office (Name) after signing/dating - h 5 _ (Date) t © CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: Q/LP 125 SUBJECT: Bond Acceptance I have received the bonds for 1( 1*-, inei . (Company Na e) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. rTh 9 U O� 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 , j;y�-,4-�7f" .3 it1C Ci7 • Re: Tract No. Approved 11FI2.0 (Council Approval Date) CC No. I1"11D Agenda Item No. MSC No. City Clerk Vault No. WO.GO Other No. SIRE System ID No. IS9—Th g:/forms/bond transmittal to treasurer ® CITY OF HUNTINGTON BEACH ►�' INTERDEPARTMENTAL COMMUNICATION DATE: 1/27/2025 TO: THOSE LISTED HEREON FROM: Eduardo Cerda, Senior Civil Engineer SUBJECT: Retention Release Payment- PO#31624-OJ Supplier#87415 Co.#314 Retaining Wall Rehabilitation, Project#CC-1770 Contractor's Name: TTS ENGINEERING INC Address: 10731 Chestnut Ave City, State and Zip Code: Stanton, CA 90680-2444 Phone Number: (714) 840-6346 City Business License Number: A267097 Notice of Completion (Date by City Clerk): 12/18/2024 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file. Da Chau L. Vu, Director of Public Works I certify that there are no outstanding invoices on file. i 14 ; Eck, ciz-Tn- 65 -- Date oyce Zacks, Deputy City Treasurer I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. Date Lisa Lane arnes, ity Cler Attachments 1. Notice of Completion 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company 12/18/24, 10:03 AM Batch 18502501 Confirmation • • • • --• -•- •. • • - - -- - • Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder II. 0111111111 II1II 11111I II II II NO FEE * $ R 0 0 1 5 3 0 4 5 4 0 $ * PLEASE COMPLETE THIS INFORMATION 2024000328687 9:54 am 12/18/24 504 412A N12 1 RECORDING REQUESTED BY: • 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 WHEN'RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn:Eduardo Cerda P.O.Box 190—2000 Main Street Huntington Beach,CA 92648 • • THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner In fee,2000 Main Street,Huntington Beach,CA 92648,that the contract heretofore awarded to US ENGINEERING INC,who was the company thereon for doing the following work to-wit: • Retaining Wall Rehabilitation,Project#CC-1770 That said work was completed 12/10/2024 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that saidwork was accepted by the Director of Public Works on 12/10/2024,per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Travelers Casualty and Surety Company,was surety for the bond given by the said company as required by This document Is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 27383 and should be recorded free of charge. DI for of c or ity Engineer ate City of Huntington Beach,California Tom Herbal STATE OF CALIFORNIA) County of Orange )ss: • City of Huntington Beach I,the undersigned,say:I am an Agent of the City of Huntington Beach,owner In fee,in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded In the Office of the County Recorder of Orange nty: • This document issolely the official business of �� 2 the City of Huntington Beach,as contemplated under Government code section 27383 and irec r of P lie o s or City Engineer D to should be recorded free of charge. City of Huntington Beach,California Tom Herbed THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) • https://gs.secure-erds.com/Batch/Confirmation/18502501 1/1 fr • Bond Number: 108070487 Bond Premium: Included in Performance Band • • MAINTENANCE BOND . KNOW ALL PERSONS BY THESE PRESENTS: • That TTS Engineering Inc (contractor's name) 10731 Chestni it AvP; Stantnn CA AGAR( (contractor's street address,city and state and zip code). as Principal (hereinafter called Contractor),and: Travelers Casualty and Surety Company of America(surety's name) One Tower Square; Hartford CT 06183 (surety's street address,city and state and zip code) a corporation organizes)and existing under the laws of the State of Connecticut with its principal office in the City of I-larr.iora as Surety(hereinafter called Surety),are held firmly bound unto CITY OF . HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of One Hundred Seventy Four Thousand Six Hundred Twenty Four Dollars ($ 174,624.00 ), equivalent to the entire . contract amount including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, • executors, administrators,successors,and assigns,jointly and severally,firmly by these presents, WHEREAS,Surety is a duly admitted surety Insurer under the laws of the State of California;and • • Surety is certified and listed in the U.S.Department of the Treasury Circular 570,and able to provide proof of bonding • limitation shown in said circular is sufficient to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best,Moody's,Standard • &Poor's,to validate that Surety has positive ratings of being secure or stable;and • Surety is registered and listed with the California Department of Insurance;and • Contractor has by written agreement dated September 6th 20 24 entered into a contract with.Owner for the • Retaining Wall Rehabilitation CC-1770 • in accordance • with drawings and specifications prepared by ITS Engineering.Inc which contract is by reference made a part hereof(hereinafter referred to as the Contract);and The Contract provides that the principal will guarantee, for a period of.one year,the work performed as part of the Contract from and against all defects in materials and workmanship;and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period.with a bond executed by a surety duly admitted in the state of California;and • The Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be. September 6th ,20.24 NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship., then this obligation shall be null and void;otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall,within • • thirty (30) days following Owner's written notice of default, either, (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its leans and conditions. i Surety shall save the Owner harmless from any claims,judgments, liens or losses arising from the Surety's failure to • either remedy the default or•to complete the Contract in.accordance with its terms and conditions in a timely manner. 15-4584/1.1.8138 1 . • • Whenever the Principal shall be,and declared by the Owner to be in default under the Contract,which shall include • without limitation, any breach or default of the Contract,then, after written notice from the Owner to the Surety,as • provided for below,the Surety shall either: (a)remedy the default or breach by the Principal;or(b)shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the.Contract with a contractor other than the Principal.,at its own expense, and make available as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the • surety may be liable hereunder, provided, however, that the procedure by which the•Surety undertakes to discharge its obligations under this Bond shall be subject to the advance•written approval of the Owner. Within thirty (30) days after Surety's receipt of a written, notice from Owner of the failure of performance of the Contract by the Principal,it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's • election to(a)remedy the default(s)of the Principal promptly,or(b)arrange for performance of the Contract promptly • by a contractor other than the Principal,time being of essence to this Bond. In said.Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) or its performance of the • Contract. The Surety's obligations for cure or remedy,include but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual.damages • caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to • the Owner upon completion of the cure•or remedy of the Principal's default(s)of its performance of the Contract. • If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s)of its performance of the Work within thirty(30) days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond,and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation:other than the owner named • herein or the successors of Owner. Signed and sealed this 19th day of December 20 24 ' i Principal Raised Corporate Seal US Engineering Inc [MUST BE AFFIXED] (Con act Name) ' By: (Seal) Principal Raised Corporate Seal - im W(LStx-) • [MUST BE AFFIXED] (Title) Travelers Casualty and Surety Company of America • Surety ��Name) ) : By: itt ki (Seal) • Natalie Guillozet, A orney-In-Fact i APPROVED AS . RM; H B : • NOTES: ,,Michael E. Ga es, City Attorney 1. Acknowledgments must be completed and returned f i. / as part of the bond. .. 1�' f 2. Raised Corporate Seals are mandatory.. 3. Please attach Power of Attorney. 15-4584/1 18138 2 Travelers Casualty and Surety Company of America AO*. Travelers Casualty and Surety Company TRAVELERS.1 St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Nichole Fisher,Natalie Guillozet,Darren Johnson,Daniel Peck,and Caitlin Elsasser of Fresno, California, their true and lawful Attorne s-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. F�H ARTFORN.� W HAFTTFORO, ILir , �a S 7bl 5 �' • ,."ri " r .. :`'fJ % • State of Connecticut • By: / • Robert. .Raney,Senior Vice President City of Hartford ss. On this the 21st day of April,2021,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of each of the Companies,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. /ge" • IN WITNESS WHEREOF,I hereunto set my hand and official seal. (Mak\ afi..4 rid 1 My Commission expires the 30th day of June,2026 • o i Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman, any Executive Vice President, any Senior Viceth Prt essden ent or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,p rovidon is in writing and a copy thereof is filed in the office of the Secretary;and it is . FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for. ory in the nature thereof,and any or purposes only iofn executing facsimile a ttesting eoorf acsim le seal shad ll be valid and binding upons and other writings tthe Company and any such power so executed and certiuch Power of fied d certificateu bearing such g by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E.Hughes,the undersigned,Assistant Secretary of each of the Companies,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 19th day of Decenbef 2024 , ,ai • U !i wRTFORO " H.�Rr M;' ' m+; c CONN. o � CAHN. a se fj " KevinEHst8t Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attomey(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Fresno ) On l o hgpoo before me, Nichole Fisher,Notary Public , Date Here InsertName and Title of the Officer personally appeared -. _ Vie rr V(,,, l I D ZeA- Name(s) of Signer(s) • who proved to me on the basis of satisfactory evidence to be te person 'whose nam€'( is/g subscribed to the within instrument and acknowledged to me tha /she/they executed the same in his/her/th ipauthorized capacity(is3),and that bylh s/her/titivk signature(s)on the instrument the persoheR, or the entity upon behalf of which the persolcted, 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. • . ur ry NICHOLE FISHER ` Notary Public California /„ a S:T _ Fresno County �_ 0((9/J T Commission#2487845 SI nature /i/e/9 <<,vo." My Comm.Expires Apr 23.2028 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: El Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General El Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator El Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC-1770 Project: Retaining Wall Rehabilitation The undersigned contractor on the above-referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 11 day of December , 20 24 , at Stanton , California. TTS Engineering, Inc. (Contractor Name) APPROVED 0 FO By: / / Mi• ael E. Gates t y Attorney 1 CONTRACTOR'S CERTIFICATE I, Tim Wilson , state and certify that: (Name of Declarant) 1. TTS Engineering, Inc. is the general contractor to the City of Huntington Beach("City") on Contract No. CC-1770 (the "Contract") for the construction of the public work of improvement entitled: Retaining Wall Rehabilitation (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): NONE 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California(list all disputed claims; if none, write "NONE"). NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at 1:00pm on this 13 day of De,-mber , 20 24 . (Si 'r,ture of Declarant) APPROVED AS ORM Michae . Gates City ttorney 1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC-1770 Project: Retaining Wall Rehabilitation The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 11 day of December , 20 24_, at_Stanton , California. TTS Engineering, Inc. (Contractor Name) APPROVED ' F By: Mic►.el E. Gates Ci Attorney 1 CONSENT OF OWNER H ❑ SURETY COMPANY CONTRACTOR ❑ TO FINAL PAYMENT SURETY OTHER A!A DOCUMENT G707 PROJECT: Retaining Wall Rehabilitation, CC-1770 (name,address) TO (Owner) ARCHITECT'S PROJECT NO: City of Huntington Beach Retaining Wall Rehabilitation,CC-1770 2000 Main Street CONTRACT FOR: Huntington Beach CA 92648 BOND NO.: 108070487 J CONTRACT DATE: September 3rd 2024 PRIME TRADE CONTRACTOR: TTS Engineering Inc PROJECT: Retaining Wall Rehabilitation, CC-1770 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here Insert name and address of Surety Company) Travelers Casualty and Surety Company of America One Tower Square , SURETY COMPANY, Hartford CT 06183 on bond of (here insert name and address of Contractor) _ TTS Engineering Inc • 10731 Chestnut Ave , CONTRACTOR, Stanton CA 90680 hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here Insert name and address of Owner) City of Huntington Beach 2000 Main Street , OWNER,. Huntinaton Beach CA 92648 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 22nd day of January 20 25 Travelers Casualty and Surety Company of America Surety Company clitroza Signature of Authorized Repr ntative Attest: (Seal): Natalie Guillozet,Attorney-In-Fact Title NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS,Current Edition AfA DOCUMENT G707•CONSENT OF SURETY COMPANY TO FINAL PAYMENT•APRIL 1970 EDITION •AIAO ONE PAGE ©1970•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 Travelers Casualty and Surety Company of America , ► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Nichole Fisher,Natalie Guillozet,Darren Johnson,Daniel Peck,and Caitlin Elsasser of Fresno, California, their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. 9,q�3f < CDHARTFM.; t�,r, T a i ` 'HART,ORO di_ l �'`C aw; CONN. la: s z r 6 e£ rr '1 State of Connecticut By: City of Hartford ss. Robert .Raney,Senior Vice President On this the 21st day of April,2021,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of each of the Companies,and that he,as such, being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. A ' aeja/ Ad My Commission expires the 30th day of June,2026 "now s w ru - Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance,contract of indemnity, or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President, any Executive Vice President,any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary of each of the Companies,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 22nd day of January,2025 . `�"Ywww,q, f:, M f4. Y'p0 sugph; svalVAyr LP,i ./.:i €l: } ., wx CONN o 2 t. . CONK 1.n :, . ,,' �� rF H"„ + ",,, ,r ;. Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attomey(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Fresno On 12s 2/ 25 before me, Caitlin Elsasser,Notary Public Date 1 Here Insert Name and Title of the Officer personally appeared N atall Z C U\`\b z Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person* whose name is/ r subscribed to the within instrument and acknowledged to me that NI/she/they executed the same in big/her/time big/her/time authorized capacity()e6),and that by higher/their signature on the instrument the personN, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph CAITLIN ELSASSER is true and correct. Notary Public•California = ` Fresno County ;; WITNESS my hand and official seal. J+ Commission It 2346727 ,roF"� My Comm.Expires Feb 12,2025 Signature A • Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) i CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION . TO: City Treasurer FROM: City Clerk DATE: a'11125 SUBJECT: Bond Acceptance I have received the bonds for T-r5 Gliteleri (Company e) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. 1 0n9-eD L �' 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. /1,, Other G�srf-, t �1 w ' Re: Tract No. Approved '1 131214 (Council Approval Date) CC No. I� �''� Agenda-ltam No. 51-9 - MSC No. City Clerk Vault No. (100.51') Other No. SIRE System ID No. tr41 g lforms/bond transmittal to treasurer 12/18/24,10:03AM Batch 18502501 Confirmation " " " - Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder II 111011110111 11111 111111111110 1111111110 NO FEE * S R 0 0 1 5 3 0 4 5 4 0. $ * PLEASE COMPLETE THIS INFORMATION 2024000328687 9:54 am 12118124 504 412A N12 1 RECORDING REQUESTED BY: 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 WHEN'RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn:Eduardo Cerda P.O.Box 190—2000 Main Street Huntington Beach,CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION • • - NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,Huntington Beach,CA.92648,that the contract heretofore awarded to TTS ENGINEERING INC,who was the company thereon for doing the following work to-wit: Retaining Wall Rehabilitation,Project#CC-1770 That said work was completed 12/10/2024 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on 12/10/2024,per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Travelers Casualty and Surety Company,was surety for the bond given by the said company as required by This document Is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 27383 and should be recorded free of charge. . A—blts43rc oity Engineer Clate City of Huntington Beach,California Tom Herbel STATE OF CALIFORNIA) County of Orange )ss: City of Huntington each I,the undersigned,say:I am an Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof:the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange ty: • This document Issolely the official business of ,�l the City of Huntington Beach,as contemplated /a//�/2�e'—" under Government code section 27383 and rec r of P Ilc a s or City Engineer D to should be recorded free of charge. City of Huntington Beach,California Tom Herbel • THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) https://gs.secure-erds.com/Batch/Confirmation/18502501 1/1 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn: Eduardo Cerda P.O. Box 190—2000 Main Street Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach,CA 92648,that the contract heretofore awarded to TTS ENGINEERING INC,who was the company thereon for doing the following work to-wit: Retaining Wall Rehabilitation,Project#CC-1770 That said work was completed 12/10/2024 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on 12/10/2024,per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Travelers Casualty and Surety Company,was surety for the bond given by the said company as required by This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 27383 and should be recorded free of charge. Dir tor o c o ity Engineer hate City of Huntington Beach,California Tom Herbel STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach I,the undersigned, say: I am an Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange nty. This document is solely the official business of the City of Huntington Beach,as contemplated " /' under Government code section 27383 and irec r of P lic o s or City Engineer D to should be recorded free of charge. City of Huntington Beach, California Tom Herbel THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) • R CEIVED BY: CITY CLERK RECEIPT COPY n 4 MCCG A h Return DUPLICATE to City Clerk's Office (Name) after signing/dating uIzy (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 012021 I SUBJECT: Bond Acceptance I have received the bonds for (Company N me) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. I(1)gO1-1)0 1"' Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other /2021-1 Re: Tract No. Approved (Council Approval Date) nib CC No. Agenda to No. 2CI-' 5-31— MSC No. City Clerk Vault No. (POO•So Other No. SIRE System ID No. (./4115.?"9"—° g:/forms/bond transmittal to treasurer . . ' . . CITY FUNDED CONSTRUCTION'CONTRACT BETWEEN • THE CITY OF HUNTINGTON BEACH AND : TTS Engineerinenc Retaining Wall Rehabilitation, CC1.770 THIS AGREEMENT("Agreernent") is made and entered into by arid between the City of : • : 1:1rintingtoril3each,:a municipal corporation of the State of California,hereinafter referred to as "CITY," and : TTS Engineering Inc" , . 4 California corporation,hereiriafter:referred to as "CONTRACTOR,' WHEREAS, CITY has solicited bids for a public works project,hereinafter referreci to as "PROJECT," more fully described as a retaining and ereen.combo wall reconstruction and stabilization at Busliard St and Gateshead Dr in the City of Huntington Beath; 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: : .• . : 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 Worknianlilce mariner, - : • 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. '16-5195/City Funded Contriiction colitqat.doci:--Teiiisd 04/201(i • : • : : ' : : : : . 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 woik,.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 tel 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, arid.:, that CONTRACTOR arid.its subcontractors; if any,:shall be bound.by the Contract Documents insofar as they relate in part'or in any way, diteetly or indirectly, to.the work covered'by this Agreement, "Contract Documents" as defined herein mean and.include: A: : This:Agreenient;. . B Bonds eovering.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; • 1.6-5195/City, Funded Construction contract,docx revised 04/2016 D. The ,edition. of Standar-d. 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 arid Addenda applicable,to the PROJECT. Anything menn tioned;in the Specifications and not indicated in the Plans of 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, 16-5195%City l uttded Construction Contract.doe*-revised 04/2016 .3, : COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful perforrriarice 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 One Hundred:Seventy-Four.Thousand Six Hundred Twenty-Four Dollars ($ 174,624.00 );as set forth in the Contract Documents, to be paid as provided in this Agreement: 4: . _ : COMMENCEMENT OF PROJECT CONTRACTOR,agrees to commence the PROJECT within ten(10)working days after;the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within Twenty-Five ( ; 25 ) consecutive Working days from the day:the Notiee.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 thisAgreeinent. 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 ,perfornned.and the priority'of,the work ;of other contractors, • 16'-5195/City Funded.Construction Con tract.docx-revised 04/2016 • subcontractors and CITY throes arid, in general, all matters concerning the timely and orderly '. conduct of the work of CONTRACTOR on the premises.. 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 oi dered 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 16,-5195/City Funded Constriction Contract.docx .revised o4/2016 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 hunched 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 conti act price to guarantee payment of all claims for labor. and materials'fintnished. 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 Constiu etion Contract.docx-revised 04/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder: 11. LIOUIDATED DAMAGES/DELAYS. It is agreed by the parties.hereto that in case the total work called for hereunder is :not in all parts and:requu•ements finished:or:cormpleted within the number of calendar days as set forth herein, damage will be sustained by. CITY; and .brat.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 suni : of : : One Thousand dollars ($ 1,000 : ) 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 dainages.herein provi,ded,.and further-agrees that CITTY 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 • dainages 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 mated 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 furthers period of time),notify:DPW in writing of the cause of the. t 6-5.195/City,Funded Const action Contract,docx-revised 04/2016 delay and CITY shall extend the time for completing the work if, in its judgment;the findings of fact thereon justify the delay, and the decision of DPW shall be conclusive on the parties'hereto.. Should CONTRACTOR be delayed in the prosecution or completion of the work • by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required:by this Agreement to be:furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not,responsible, or by the combined action Of the workers, in no way caused by or;resulting from default or collusion on the part:of CONTRACTOR; or:in the event of a lockout.by CITY, then .the time herein.fixed for the completion.of the work shall be:extended by the number of days CONTRACTOR has thus been delayed,but lip allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15) days•ofthe commencement ofsuch delay: No claims foi additional compensation .or damages fodelays,; 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 Connpletion,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 extensio n 8 . 1.6-5195/City Funded Construction Contract.docx revised 04/2010 (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 ari.amount'the CITY:disputes; : (d) Any disputes and other matters relating to the acceptability of the work perfoinied.or.the interpretation.of the Contract Documents; (e) A request for 'a time extension or:additional payment based:upon: • . • • diffet•ing site conditions,such as subsurface or latent physical conditions at the job:site differing •. materially from these: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 tithe extension or additional payment based upon acts of: • neglect by:CITY or due to.fires, floods,labor disputes;epidemics;.abnormal weather conditions oi•: : acts of God.. B, A Demand for time extension or payment of money;or:darnages 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 fifteen (15).days after receipt; including ' uestin additional information:from the CONTRACTOR:to determine whether to approve: �. by requesting. g. . . the Change Order the Demand seeks: The'DPW•shall•act on the Demand within fifteen (1.5):days : . 9..; 16-5195/Cityl:unded 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 tinder 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(l 5)days of ieceipt: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 eonfei•ence.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 tinge. 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 (coinmencing 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 lie tolled from the time the CONTRACTOR submits:his 10. 16,.519$/City Funded Construction Contract.,doex=.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 iteims.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 oi,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 wananted 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,arein variation to the quantities listed in the bid schedule. No claim by CONTRACTOR:for an equitable adjustment in price or time•foi 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.tune necessary for completion,DPW shall,ascertain the facti arid eircumstances 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%o) 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 flip work as determined from the bid schedule, and:if DPW • finds that satisfactory progress has been:and.is being,Made,'CONTRACTOR.may:bepaid such it : 1 6-5195/City.Funded Construction Contract docx revised 04/2016 • sum as will bring the payments of each month up to one hundred pc-remit(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 unenciuribered,of 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 150percent 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 accot:danee with the terms of the.Agreement and that :. the amount stated in the certificate is due under the terns of the.:Agreement. Partial payments on the Ceiitract puce shall not be consideied 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. :1:6: AFFIDAVITS OF SATISFACTION OP 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 L.revised 0412016. :' : or items in connection.with Notices to Withheld,;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 waives:of all claims against CITY Under or arising Out of this.Agieement, A. The CITY has ascertained from the Director of Industrial Relations of the State of California.thegeneral revailin rate of per diem Wages and the eneral prevailingrate: • prevailing p g' g ' . . for legal holiday and overtime work;in the'locality in wluch the work is to'be performed for each : craft or:type of work needed to execute this Agieernent,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 Agreeinent and in accordance with Section1774 and 1775 of:the.California Labei 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 16-5195/City Funded Construction Contract,doex,-:revised'04/2016' • resolution on file in the office of.the City.Clerk ofCITSt. 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 17.74; In accordance' with the provisions of Section 3700 of the. California Labor Code, CONTRACTOR agrees to : : secure payment:of:compensation:to:eveiy:employee.:' : : B. Puisuant to this Agi cement arid in accordance with Section 1774 and 1775 of the California Labor Code; CONTRACTOR.shall, as .penalty to CITY, forfeit:twenty-five dollars ($25) for each calendar day or portion thereof for 'each. Worker. paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established.for that particular craft or type of:work. 19. CALIFORNIA EIGHT-HOUR LAW : : • A California Labor Code,Sections:1810 et seq;shall:apply to:the perfoi mane: . . . 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 Mere than eight(8)hours of labor per day or.forty(40)hours per week from any one person employed by it thereiider, except:as stipulated in California.Labor Code Section 1815. CONTRACTOR and each.subcontractor employed by it hereunder shall, iri accordance with California Labor Code Section1812; keep an.accurate.record,.open to inspection at all reasonable hours, showing the • name and actual hours worked each calendarr• 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 16-5195/City Funded Construction Contract.dpcx^revised 04/201 G (1)calendar day oi•.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 17.77.5.' of.the.California Labor Code, regarding .the employment of apprentices is applicable to this PROJECT: . 22. PAYROLL RECORDS : : e CONTRACTOR agrees to.lceep;accurate payroll record showing tlie:ilamea . ry address; social securityiiuinber,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.: subcoritractoi s.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 Constriction 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 concui7ent 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 arid: 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 NSURANCE . . • Pursuant to California Labor Code Section 1.861:, CONTRACTOR acknowledges: awareness:of Section 3700 'of 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 terins of. : the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. l6. I6-5195/City"Funded Construction Contract.docx revised:04/201G 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. Iimit 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(s i,opo,000) for this.PROJECT; I .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.avaiIable 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 !6.5 t 95/City Funded Construction Contract.docx=.revised 04/2016 26: • CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS. Prior to commencing perfortance.of.the work hereunder; ,CONTRACTOR shall • • • furnish to CITY certificates of insuurance subject to'approval of the City Attorney evidencing the : • : • foregoing:insurance coverages as required by this Agreement; the certificates shall; . • 1 Provide the name and policy number of each carrier and policy; 2;. State that the policy is currently in force;,and 3. . Promise to provide that such policies will not be canceled or modified without thirty • . : : .(30).days' prior written notice of CITY. . : : CONTRACTOR:shall maintain the foregoing insurance coverages in:force until the: work under this Agreement:is fully completed and accepted by CITY. • The requirement for carrying the foregoing insurance coverages shall not derogate: . . . . from the CONTRACTOR's'defense,hold harmless and indemnification obligation's as set forth • under this Agreement.' 'CITY:or its.representative shall at.all:dines 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:premiuins on:all insurance hereitiabove'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.anypayment 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. . • 1.8 1.6-5195/City Funded Construction Contract,docx=.revised 04/2010 • .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 terminate this.Agreement upon the expiration of that.time: Upon such, : default by CONTRACTOR,CITY may elect not to terminate this Agreement; in such eventCITY 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.20. . 29.: TERMINATION FOR CONVENIENCE :CITY may terminate this Agreement for convenience at any time with or without cause; and whether or not PROJECT is 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. ; : CONTRA'CTOR's fee on work not Such payment CITY shall be CONTRACTOR'S .' 1.9 .. 16-S 195/City Funded Construction Contract.docx-revised 04/2016 sole and exclusive remedy far termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR: . ' 3.0: 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 : Agi`eement,: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.perfoimed pursuant to this.Agreement, Ng 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: : 1675195/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 caries or U. S. certified mail-return receipt requested: TO.CITY: . . TO CONTRACTOR: City of Huntington Beach : TTS Engineering Inc ATTN:Eduardo Cerda Public Works ATTN: Timothy Wilson 2000.Main:Street • 10731 Chestnut Ave Huntington Beach, CA 92648 : Stanton;CA 90680 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,lisnitor describe,or construe the intent • of the parties or affect the construction or interpretation of:any provision of.thisAgreement., 1.6-5195/City Funded Construction Contract.docx=revised 04/2016 36.. IMMIGRATION. CONTRACTOR shall be responsible for full corripliance 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 369,.the.City.Attorney is.the.exclusive legal counsel for : : CITY, and CITY shall not be liable for payment of any legal seivices 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 oven attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from thenon-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, arid 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 anyother.unless so expressly provided here. As;used in this Agreeinent, the masculine or neuter gender and singular or plural number shall be deemed to include the other,whenever the 22 . 16-5I95/City.Funded Constriction Contract.docx'-revised:04/2016 context so:indiicates or requires: .Nothing contained herein shall be construed so as:to require the coniinission of any act contrary to law; and wherever there is any conflict between any provision contained herein and any present.oi: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 cuitailed and limited only to the extent necessary to bring it within the requirements of the law. 4.0: GOVERNING LAW This Agi•eerrient 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 anddeliveiy, 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.. 441• MODIFICATION` No waiver or modification of any language in this Agreement shall be valid unless : : in writing and dilly executed.by both.parties:. 1.6-5195/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'CITYY 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 aiyone acting on that patty'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:' 2q , • 1.6=5,195/Gity.Funded Construction Contract,docx revised o47 :201b. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers one 3tf' `h 20 02t` . 4- * itle ilr at Csu o 3420214 CONTRACTOR: CITY ♦ 1i TINGTON BEACH,a municipal corpora `tIrti) . St to of California BY `P ur5 Ni L150 11 ll, ,1 &)- Mayor (print name) 6eritifli 9'6MlUeatiAd ITS: Chairman/Presiden .__ City Clerk ')P1424?s-- (circle one) INITIATED AND PR V D• AND By: P ._ . i!4 _ A.m.. D'rector of Public Works ,r44,mri . 1s a RF,VI 'D A PROVED: •hief Financial Officer / Asst. Secretary reasurer (circle one) City Mana er APPROVE O FO . City Attorney p_.._ 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 EXh ibif ;9 SECTION C PROPOSAL for the construction of RETAINING WALL REHABILITATION CC No. 1770 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 25 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. in the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. c-i Tf:awarded the:Contract, the undersigned agrees that in,the event of the BIDDER'S" default.it executing the required contract andfiling the necessary bonds and;insurance certificates within 1.0_ 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 ari4. this bid and the acceptance.hereof.may,:at the AGENCY'S option,be considered null and.void. Accom,an in this ro osdl,of laid,find Bid Bond; in`the amount of which: P Y g p p • said amount is not less than'10°A of the aggregate of the.total bid price, as required by the Notice inviting ELECTRONIC Bids, ayable to the: AGENCY. (Please insert the words "Cash' Certified Check or• ili3ood for.% ", as the case may be) Any standard Surety: Bid. Ilond.form is acceptable. Bidder shall signify'receipt:of all Addenda here, if any: A Benda No Date:Received Bidde 's Signature. NA • • • • • 4 • • • • • • • • C_2 r Cc1770 Retaining Wall Ref abilitation PROJECT BID SC�H,EDjULE : - m w 0,; xa w m as rc i al t„ 1 i as w,we �. .:. � �b:��s�:�nEx�im:�rc�Gi��i.�G3ta�+�,�xE3�ct�.��i��r�Et�+��t='�s ��i.�3�� €��el3T'E��'�'E��;Ei'��ra�� `1 �t�rt�c�ec�Ff�'�•it �. ar f3.6"'ilia" C',r'S. 6 iron `6 r1:0.E` 70.Ct9:.$,g4Eigilaf gP ,p91 !E;PSgMgrP!afig9:rp.;R° Ittriii f4t'a�:2411 aP s %i.. � .5�{ac:9,:a i57'+.v:.; '•g ,l `: 3 a.t.e? Ea a1[Er C� "„' : /�j, Cd 2' `.4ki b E: ^.F ".i 1 ,,,,, F3' €p ki?M' F,d aT a":€+ C:1: ... j ,�s a, v r�.��.� �7&§3� �sdi�is�-& b •. , � *�7fie3 � .� �� MOBILIZATION , 1 LS $ $9 625.00 $ $9 625 00 2 WATER POLLUTION COIQTROL PLAN I LS $; $5,325:00 $5 325.00 INSTALL AND MAINTAINCONS,TRUCTION' 3 .: $1 970.00 $ $1,970.00 ,BMPI t 4 :;FURNISH PROJECT TRAFFIC.CONTROL 1 LS $ _$11,165.00 $ $11,165.00 REMOVE AND DISPOSE OF EXI GGSTIN 10' 74 LF $ 5 $157 00 $ $11 618:00 BLOCK WALL REMOVE AND DISPOSE OF EXISTING 74 LF $ $97 00 $ $7 178 00 FOOTING 0 7 REMOVE AND DISPOSE.,OF EXISTING 3 EA $. $723 00 $ $2,169.00 !TREES I REMOVE AND DISPOSE,OF EXISTING .. - . . $520 5 $11 SIDEWALK. i.i F` : . 00. $ $5 720.00 FURNISH AND INSTALL TEMPORARY . 1 LS $; $3 550.00 $3 5.50.00 PRIVACY FENCE CONSTRUCT 10-;RETAINING &SCR.EEN $.44,104.00 1 0 74 LF $ $596.00 6 COMBO.WALL ... : $ 11 CONSTRUCT COMBO WALL FOOTING 74 .LF $ $203.00 .. $ .$15,022.00 if2 CONSTRUCT 10' HIGH 1.6"X16'' PILASTER 2 EA $ 4,015.00 $ $8,030.00 1.3 CONSTRUCT PILASTER'FOOTING 2 . EA $ 1 900 00 $ :. $3,800.00 14 CONSTRUCT SIDEWALK I. 540 SF $ 22.00 $ $ 1 880..00. 1 CONSTRUCT BLOCK WALL AND PILASTER 77 LF "1 BACKDRAIN $ 106.00 $ $8,162.00 • 15 ,,a FURNISH AND INSTALL SHO ING PIPE • PILES 1 LS $;. 3,616.00 pt$ $3 616.00 97 EXCAVATEEXISTING BACKFIL L 1,210 CF S. $600 $ $7.260,00: t 13 • INSTALL NEW SELECT FILL t ' • • '300 CF $ $19.00. :, $, $5,700.00 REINSTALL NATIVE SOIL BACKFILL 910 CF $ $3.00 $. $2,730.00 ' 20 REMOVEAND DISPOSE OF EXCESS SOIL 300 .CF $ $20.00 : $. $6,000.00 1 Total Amount Bld in Figures::$ 174,624.00 One hundred and seventy four thousands Ind six hundred and twenty four dollars and zero cents.. 1 r 1 i 1 Q 1 LIST OF SUBCONTRACTORS In accordance with: Governmen: Code Section 4104, the Bidder shall set forth the name and business address of each subcon actor who Will perform work or render service to the bidder on said contract m an amount m xcess of one-half of one percent of•the total bid or $10,000,. whichever is greater, and the;portion of the work to he done by such.subcontractor, • Bid Name andAd ress of State Class DIR PWC Dollar %•of itemn(s) Subcontractor License Registration# Amount Contract Number No subcontractors Y _ )y subm%ssion of ths i :propoal, the;Bidder certifies: 1 That he is able to and will perform the .balance of all work which is riot covered in the above subcontractors;listing; 2 That the AGENCY will be furnished:,copies of all subcontracts.entered into and bonda. furnished by subcontracto%for this project. C-3 NONCOLLUSI:ON AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID f declare under;penalty of perjury under the laws of the to of California that the,foregoing is true and correct and that this declaration is executed on 7 , at :Stanton , CA. Date CO State Timothy Wilson being first duly sworn, deposes and says;that he or`she.is President of TTS ENGINEERING 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 hid is genuine and not collusive:orsham,that the bidderhas not directly or indirectly induced.or solicited any other bidder to put in a false or sham bid; anc 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 no 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 statemints 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 1 corporation,partnership, company association, organization, bid depository or to any member or agent thereof.. to,effectuate a collusive or sham bid. TTS ENGINEERING INC: Name of Bidder Timothy Wilson. Signature of Bidder 10731 Chestnut:Ave, Stanton CA 90680 Address of Bidder • C-a a UTILITY AGREEMENT . HONORABLE MAYOR AND CITY COUNCIL CITY.OF IIUNTINGTON BEACH; CALIFORNIA • eitlemen The undersigne(t hereby promises and agrees that m the performance of the work specified in the contract,known;as the RETAINING WALL REHABILITATION (I)(we)(xt)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$;'California Administrative Code., Section 27Q0 as follows: "Qualified•Person:::. .A person who, by reason of experience or instruction, is familaar wadi;the operation o:be performed and the hazards'involved The undersigned also promised and agrees that all stiCk work shall be performed in accordance with all applicable electrical utility_company's requirements; Public Utility Commission orders, and State of California Cal-OSH4.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 orsubcontractors with the requirements contained herein:: • • TTS ENGINEERING INC CQntraCtot T1mothy WNilson • y President Title • Date: • C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete;under penalty of penury, the following questionnaire. QUESTIONNAIRE Has the Bidder, anyofficer of the Bidder or employee of the Bidder who has a�proprietary anyP p tart' interest m 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? CL'Yes ® No If the answer is yes,explain the circumstances in the space provided. NA Note. This questiofinaire constitutes ;a part of the Proposal, and a signature portion of the Proposal shall constitute 4ignature of this'questionnaire: 3 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 Codej which require every employer to be insured against liability for workers.,c' ompensation or:foe 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, TCS ENGINEERING INC, ::ntract0r Timothy W lson President' Title i i i Rate . • - st.. i I I B' DER'S. INFORMATIO N BIDDER certifies that the following information is true and:correct: TTS'ENGINEERING INC. Bidder Name 10731 Chestnut Ave; Busriness Address : Stanton,dA906.8Q • CA 90680 Cif; State Zip 714. ) 4Q46 kyleg ttsengineenng net. Telephone Number : m EailAddress. . 755079 Class A, B,;C1 Q State Con factor's:License No and Class :Original Date Issued 09/30/2025:. : Expiration r ate The work site-was inspected by of our office on 20.2_.. The following are persons,firms,land corporations,having a principal interest in this.proposal: Timothy Wilson(President): Travis Nicholson (Vice President) Kelly Gilbert(Secretary). J i 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 speicifications set forth', TTS ENGINIEERING INC` Company 11 acne ' Sral,, %:A e of Bidder Timothy Wilson (President) Printed or Typed Signature C-8 • NOTARY CERTIFICATE:. Subscribed and sworn to before e•this 1• day of. in . c-3`��r �2021_ A notary public or:other officer completing;tins certificate verifies only•the identity of the individual who signed the document. to 'which: ;this certificate is attached, .,and not`:the: truthfulness, accuracy, or vabd tp of that document: State of 0_:ektIti C�.• •County of U,c`a ;C.: � ) : On. :::•� before me t" r a o .:: . Cc 1 • 1 Da y,-and Year 1 Insert Name and Title of Notary personallyAppeared : - . .i :j e(s)of Signers) • who proved tome on:the basis of satisfactory evidence to be the •erso,, s)whose nar 5 %are: subscribed to the within mstrumd t and acknowledged to me,th.a*.a/sireftliey executed the same in.40 'cr/tlacir.authorized capaci '... and that:I i /he#thetr sigriat s)on the instrument the person :or the',enhtyupon behalf of which.the=pers acted, executed`the instrument: . I certify under PENALTY OF PERRY under:.the laws of tie State.:•of California that: the foregozn. paragraph.is•true and'correct. . WITNESS my hand and official seal. .t°.r PAULA A NETT- Y. r�s PALLARESAORENO .. -s "{ , Notary Pubbc—Califor n ia' € :P, =i orange County. " ; • :3 ' `Pk Coinmisston,/,243,4624` , F. , My c0; Exes Jn 15,2627 'Signature i . Signature of Notary Public (PLACE NOTARY SEAL ABOVE) • • • } idder's Project History For the purposes of;this',project, the bidder shall.:provide project history of similar work, specifically referencin g the construction of Retaining:Wall Rehabilitation Projects. Bidders are. encouraged to:submit supplemental relevant project history,in-addition to ithe projects listed herein. fisted below are the.,names,,;add Tess and tele hone numbers for three,bUlitiC,agencies'for which the bidder has performed similar work within the past eve years:; ' 1. REFER TO THE ATTACHED SHEET Name and Address of Public Agency Name and Telephone No of.Project Manager, ; Contract Amount Type of Work 'Date:Completed Provide-additionalproject description to show similar work: a ... 2: Name and Address of Publ.iC Agency Name and Telephone No of Projeet Manager Contract Amount 1 Type of Work Date Completed Provide additional project description to;show similar work: 3 Name and Address of Public Agency Name and;.T.elephone No of Project Manager:, p Contract Amount Type:of Work Date Completed Provide additional project d�sctiption to show similar work: 1 I c- o • LIST.OF COMPLETED PiRO ECT8 l •l Project Client Description pf: Completion Date. Cost of;•idder's Reference Bidder's Work: Word (agency (specify work • name and similar to City; • contact info) project) .... . ..... . City:bf Signal M. $e[tran Sidewalk/ADA ramps 6/2024 Hill 5.62 989•73i 1: Wet/Dry utii City of LU.as Estevez • Block/Retaining Wall 6/2023 $1.;5llll d Wet/Dry Lit! Placentia 714 993;8120 ( C:ity of HB barmy Kay Bloc/Rry a ii ing •wall 6/20,20 i 310 351,0138= Federal-Reality•:: I GC. for 12/2022: • $1;9iVf 323 3630257 development City of EMJ Ltd Nab Farhat GC for 12/2022 $1 M • 9:49 5872204:, development Reylenn Kevin Phipps W 12/2Q22 818 262::5603 et/Dry util $4 6NI• . T. dnsite/offsi#e • Millie Serversan Jahn Cornell; Wet'Dry util 12/2022'. $4 5M 562 889-1831. .. i �nsiteloffste,. is • • is . Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1 Kyle E. Wagner Name of proposed Project Manager Telephone No. of proposed Project Manager: 714-840-6346 EXT. 110 See previous page of bidder contract history. Project Name &Contract Amount Type of Work Date Completed See previous page of bidder contract history. Project Name &Contract Amount Type of Work Date Completed See previous page of bidder contract history. Project Name &Contract Amount Type of Work Date Completed 2 Jason Serrano Name of proposed Superintendent Telephone No. of proposed Superintendent: 714-840-6346 EXT. 107 See previous page of bidder contract history. Project Name &Contract Amount Type of Work Date Completed See previous page of bidder contract history. Project Name&Contract Amount Type of Work Date Completed See previous page of bidder contract history. Project Name&Contract Amount Type of Work Date Completed C-13 1 .. CONTRACTOR.BEGTSTRATION WIT'4 CALIFORNIA:DPARTMgNT Of INDUSTRIAL?RtLATIONS!(PIR).:CERTIFICATE Piirsuant.to SB 854,(Citing Labor,Code:Section t:I(a)),passed by the:California State Senate .. ... on Jniie2.(4:2014,,eStabliShod.a new polio work$.Contractor.gegistration-Program,which reOires:. all contractors and subcontractors: bidding and performing work .on Public Works Projects to register on an annual.basiS. (eachl :Tidy 1 through June .30:.state fiscal year) with the California Department of Tndustrial:Rolatiotis:(t)114: Currently the annual non-refundable registration fee for Contractors.is .$400; :EaCh'contr4ctor,:0 whom.a public works contract:has..been awarded shall sign the.follOWing,OertifiP4tg.: -I . fIR FACT SHEET on.SE 854 httpsliwwW:clit..ha.govipublio,works/PublicWorks813854.html DIR's Contractor Registration Link—:.C41(8 44)‘522-6734 https://www.dir.ca..gov/publie-worksicontradtor,registration:-Iittrili ... ,. DIR's:Conttactoriegistration:soarchahle database.t https://cadir.secureforco.-cotii/COntractorSearch I am aware and will comply.With:the provisions of Labor:Codo.Section.11.71a(a)-whiCh states,: , , . . "A contractor or subeontrantor shalt not be qualified to bid on be:liSted.in a bid Proposal; . .. subject to the requiremen4 of'Section 4104 of the Public Contract Code,•or engage in the performance of any,contract for public work.,;i as defined in,this chapter, unless currently registered and qualified to perform public work pursuant to :SeetiOn. 1.725.5.. It is not a - viOlatiou.of tiis...:soctionfor an unregistered contractor to stibinit.**t that is authorized by $. ofion:7029...1 of the.Business and Professions Code or by' otiolijo.i 0 or.201 03-,.5 of the Public. Contract codo),provided the contractor is registered to perform public work pursuant to'Section.1125.1 at the time the contract is;4w6..14ed!' 1 : .I furthermore will comply by prOiding proof of.registrationWith.131;k:as.the primary contractor, as,well as for ALL subcontractorslatthe time of submitting the bid. Tis,,ENGENEERiNG INC Contractor , . By Timothy Wilson . , , ,. I . • tvvilsori@ttpopgirtOriti6.pet :- Email . ' President 7 ud i Date: -?-) ' ' !,, Title, . • 1 PC kegistratico#:, 1000Q1,472,2,:DIR No , . 1 C42 . .: . ; D BOND ': TRAVE ERS CASUALTY AND SURETY COMPANY OF AMERI.CA Hartford, Connecticut 06183 CONTRACTOR SURETY (Name;legal stat g and address ,.' .. (Name, legal status and princrpal place q,f business) ITS Engineering,Inc' 7.'raveless Casual 10731 .Chestnut Avenue: t5'and Surety Company.of America, One 'ower Square • • Stanton,CA 9068D = hlaxtford,CT 06183: .. • OWNER:...:. ;. Orame legal status and,'address), • :City of Huntington Beach:. 2000.Maui Street : :' Huntington Beach CA'92648'.: BOND AMOUNT 'Ten Percent,(10%)of-Bid mount:: PROJECT: ' (Name,location.or address,andPraject nu bar, any) Retaining Wall Rehabilitation CC.1770 The Coritractorand Surety are bound to the caner in the.amount set forth above,for,the payment Cif-which:the Contractor;and:; 'Surety bind themselves,.their heirs,executors,administrators,successors and..assigns,jomtly:and severaaly,as provided herein:: The coiidntions of this Bond are_such that i the Owner accepts the,bid of the Contractor within the.time specified.m the-bidi documents,or within such trine period;as m y be agreed;to by the Owner and Contractor,and the Contractor either(1)enters • .into a contract with the Owner•in accordant with the•terms of such bid and gives such bond or bonds as ma be- t y specif�edxu:. flee bidduig or Contract,Documents, with a surety admitted in the,juiisdiction of the Project:and otherwise acceptable to.the Owner, for•the faithful performance of such Contract and for the prompt payment of labor and material furnished jai the' prosecution thereof, or(2) pays toh the;Owi er'the difference;;not tp'exed.ce ,the amount of thus Bond, between'the amount; specified said bid and"such larger azriount for which'the Owner may m good faith contract with another party to performnhe work•covered by;said bid,their this obligation-shall•be'null and;void;.:otherwise toremain in:full force and effect.,The Sure t5'` hereby waives any notice of an agreement 4etveen the Owner and Contractor to extend the time in which the Owner may accept the bid Waiver'of nonce by the Surety shall riot:apply to-'any extension exceedin 's 60 da s in the a g �3'°�( ) y. ggregate, beyond the time.for acceptance'of bids speci ed iii the;bid documents,and the:Owner;and Contractor;shall obtain the Surety's consent for an extension beyoud sixty(6.0)da If this Bo nd is issued >n connection with ai subcontractor's bid tao Contractor, tse term 0itOracfQr j.4.this Bond shalt:tie: deemed,to be-Subcontractor and the term bw`per shall be deemed to be::Contractor When this Bond has been furnished to connplyy.'with a statutory or other legal requirement in the location of the Project;.any provision;iii this Bon co d nflicting with said ptatutoiy or legal:-requirement shall be deemed deleted;lierefrom and provisions: .conforxming to=such statutory or other legal requirement shall be deemed incorporated;herein.`When so furnished,the intent is that this Bond shall be construedas a stautory.(ond andnot as a common law bond:. 1 1 i .. . g._. - .. The Company executing this bond vouchesithafithis document conforms to Ame1=ican Institute of Architects.Document A$ 0 2010 Edition 1 1 S2gned and sealed this;5th day;'of Aggust,2Q24 �E 17I7 En'" meeriij Inc `. ' ,.,(Principal) .. ... (Seal] .:. (Witness (T1lle) TraYelers Casualty and Surety Cortipauy ofAmrierica (Sur ItttESS. a.' _ . : .. ''': . .0::/iihrr'..''''''''''''''-''':::h ' :'. ' (Seal) • i`W } 1 .: (Title),Nichole Fisher,Attorn `In Fact. eJ':= 1 . • • .. i • • • ii:- . The Company executingthis bond vouchestha4this document conforms to'Amencan institute ofArchiteets DocumentA310;201.a 'Edition -RA ' E - -Rss.:-.••: • ••• • T av Travelers le '•Casual and Surety•Company of America • - e(ersCasual and Surety•Com an • St.Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALLMEN BY THESE PRESENTS That Tra •J,i : s setsCasalty aan.d:Seur ety C o l en o Ameri an, • • tt f Ct,a:s•uaty and Sue- Csomgp alya ndhPaul-Fire andMannaInurance Companyarcopationsdtiuty ognizduner thelas•otheStae ofConne:ycut(hen 00• vey-clle fieComanies) adthatthe Corpane doheebym CatliElsasser ofFresno`;Caifo th tuj, c sueandppointNPo FisherNaeGtloeDarren Jo`hhso "a nie ,Pek,ascn nsFeireaaawl Attorey(a)in actto sign, executesea and acknow`ir na>ay ad all bonds coditionandrtakngadotherwtios obligatoryin thenature•therefonbeha ft e Cmethnbsn i;• .thefdelrtyopersonsgaanteeinghepertans 4fcon46 aisecuting orguaatiteeingboodsdopars nesineoatsnteerg agti4ns orproceedingssilo t layr . : anundetakngs reuiredor permittedin any IN WITNESS;WHEREOF,the Companies have,cause'tt this instrument to be signed and their corporate•seals to bQ•.hereto•affixed this.21st day'of.April, 2Q21, : tr95w " • ,. s ` �ONla `r .t%aNr p. ..i wWy'.w .,�',.;:..Or{l} K110rat • .. • . .. • State of Connecticut . : .. • By Ciity.Of Hartford ss Robert Raney,Senior Vice President• On this the 21st day ofApnt 2021,before me_person ilyappeared Robert L.Raney who acknowledged himself to be the yen.for Vice P:resident of,each, of the Companiesy•arts that hems such;bein -authored so to,do,executed the foregoing-instrument,for the purposes therein contained b si`nin on: .• behalf of said_Companies by himself as,a duiya thor d>officer. • - 1N<WITNESS-WHEREOF,I hefeunto:set my hand a d officialsea1 • • +� ; f , Iv1y Comrrrission expires the 30th day of June,202 ' uiisa Anna P Nowik,Not=aryPubiic • • This::Power ofAttorney rs granted underand by the a horny of the following resolutions ad opted by.the•Boards of;Directors of each•of.the Companies'. which:resoluttons<ate now rn full force and e ffiect;;readi g as•foilQws,; RESOLVED that the Chairman the Presidents any ice Chairman any Executive\ice President:any Senior Vice President;any Vice President an;. Second Vice President,the Treasurer any Assistant Treasurer;:the Corporate Secretary or•any Assistant Secretary may appoint Attorneys in;Fact and- • • • • • • A9ents to act for and on behalf of the'Company and a."y give such appointee such authority as his:or her certificate of authority may prescribe to sign with the Company's"name and seal with the Compan V s>seal bonds,recognlzances contracts of indemnity Viand otherwntings;obligato y in thenature of::.. a bond recognizance,or conditional undertaking a d anyof said officer".or the Board of Directorrs•at anytime may remove any such appointee•and ;• :' revoke the power given him or her and rt is ,, PURTHER RESOLVED,that the Chairman,the Pre�ident,any Vice Chairman, ny Executive Vice President an Senior:Vice President or an .Vice. President ma del Y Y ,y agate all or any part of the foregoin �authonty to one or mole offoers or e[rployeesof th►s Company•provided•thatieacHsuch delegation. rs:in wntmg;and a copy thereof is filedin the office of theSecretary,and it is FURTHER RESOLVED,that arty bond,recognjzan4 contract of inderhrniity or writing obligatory tn;the nature of a boils rec,"ognizance orcotiditiona( undertaking shall pe:valid and gtnding upon the Companywhen,(a)signed bth'ey President any\lice Chairman any Executive.Vice President,an Senior Vsce;Ptesident or any,Vice President;any Second Vice;President,�Yhe Treasurer; any.Assistant Treasurer the Corporate. or Secretary any Assistant Secretary and dulyattesteii end sealed with the Conpanys seal by a Secretary:or Assistant Secretary or(b)duly':executed(under seal,€' •required)by one or more Aftorneyst inc,Fta4't and Agent pursuant'to the power•prescribed inrhis for her certificate or their certificates of authority or by one or more Company officers pursuant to a •wntten'deleglation ofait>tionty and it is ' FURTHER REt,SOLV ED,thatth e s igntatureof eaachS�€ tfiefollowng officers President an y ExecutiveVice.President any SeniorV bice Pe sind'eent any Presiden aryAssantVicePrsident ely e reay,anyAssstantSecreary andthe ealofthe Compan mmay afxedyfacsimil toany.Powar of Atoiney orto aycrtficae:relatingtheeoapoinngResdentVicePreiden Residentpslston SeGret$4*oAttorneysiPad forprposes onofeecutngndaesingbnsndifiderakngs;anotherWntng oblgaory in dnatretheefandany,such Power ofAttoneyo: certificate bearing such facsimile signature or facsimiie.seal shall;beyalid and binding upon the Company and any such power'so executed and:certified by.such facsimile signature and facsiritile seal shall�e•valid and;,binding on the Company in the future with�respect:to any.bond or-.understandingto . •which it is attached ` tl , .. l KevinE Hughes,the undersigned Assistant Secrets yof each of the Co it ttpanies,:do hereby certify that the above and foregoing is a,trueand:-correcti�. copy of the Power of lttorneyexecuted Ijy said Companies;which remains in full force and effect: • . Dated:this sth ,, Au ust Zo24 . da of s ,,, .. ,.`4- ,11; • 81 coniNs° o1 • ' x- : K. .•••,E Hughes Assistant Secretary. To Verl9r the authentrcifiy of fhrs Powerof Attorney;please callu ofs 1 E00-4213880, Please refer to the above-pained Atfomey(is)4n pact and the details of'the bond.to whrch4his.•Power ofAttorney is attached.. • • • .:CALIFORNIA.AWPURPOSE:.A - .. K. •ENT:' C11/IL CODE;§<1.189, 7 R 1 A;nat, ..ublrc�or�of � ,tary A.,, her ofificer-com etin this°certi'-'p. .-�J,.. frcaiko�::uer'ifes.�only:-tie:;identi��:bt tFie;;jndi'ideal. document towhich thiscOr#'ificate is; ?acl� :::, „, ed;`and:no#Atre#i�ithfulrjess� - of tfiat;documentne i State.. Califo ,:or:vai i • • • County:.of•• Fresno;.:• .:-; i. .. • •• • •• • .. ,:...::.:;..... ••• :.:.....: ^.. �° ,r q ^-_. beore me;.: . Natalie Guillozet Not -;-Public • Date:; : :: arY,. . �:: Her:.�, „ ,,exlnsert'Na»er�rt'q►�:rfle;;o�`the,0^ per,.sonali .:..,e ,.: fficer .. y..appeared: .::. : . . ... . . , w'-. Nair whop:,':,' j �,,.proveda me an the„basis`ot',satisfacto _ :M:-: ;l, !'y:;eildeiice ta•;tie, thersoia xuviiose.name- �,',; . ...subserib- :e te':tile ywithi i' s% n h..insf'rtimer►t.;ari�!'.:acknowiec�ged°,;toy rie�<that: ---.. . ;.�k Ist�e/th' ;�e�eciteci the:.sainex:rn:.'. l /harp r•:authorized:capacity(",' '`apcf,tf at"t • er/t ir' igna pure or#he•.enti a on ti` ` '= Y`b 1h' ;J t .,.(l ,;on tie:..,.ument,tk e-person ;: . " ty.`=�p ,ehalf:of1which'h t ie person(eted;executed;the instrurrient:% ,, • . I.certify:under.FRENALT(0P10RJU.I4Y'00er-tfe1aws� =nf ttie-Sfate:of Cr4forr7ia:that the-forgoing p-arabrapti is;true.and"correct: ;,•,"•s '.�.NATAi ..pultipzEr • • WITNESS<`my;har d and-official<seal,. 7,7, '`' ',.;Notary:Rabiic: California' ' • , • ••• - ...;* •.•: •••• :•:::'..'''.''''.. lit..,%: -'i:c ":.••• .. ''''': -• .•:-7 -, i::::-• .-.!.-- - - ' • r =.Commsort'�:2 394290: Y Si nature :',_ '.•e_ .>M dmm:Fx"ires`Mac 5206 tuf•1SIn aeo otaq,P, oiic: ;Pfa - 1 • Thq -h.this=secti r� ' ::). ,.... ,,.. ^ _ v. Ug (?n is optlonal;,.G ,(rtpietlpgxthisinformaton:can:deteraltergipti,of.th Q':documecit.or r M,fraudulent reatt''chment of tl is.form to an.;unintertdec:'r ocument Descriptio�F0"of Attaolted Documeil • . Title. or'T rpe:; if'1J'occi it e t • [7ocument:•Data :Number;yofx=;Pages: „Si Priers Other ' ' ,9y C)>°. . Tian Nained.'Above: . Capacity(ies)Claimed„byySigt er s)�, Signer's,Nam :. .. e: �`' :Si rie 's;Name: ET Corporrate;•Officer- 'Title(sj • ir..•-� Ci`Corp6rate-Officer.'•;=.:Title(s): .o Part`nerl F-r 0;Li>mited :'4D'Gerjera (`Partner-'.:= .CI Limited•!:Q'Genera) ❑individual ct . ..._. sr],Aitorney.in.,Fa�i Individual :::: �:Attomev'in 'Fact. (�Trustee � � �� [.'Guardian,or C iservator' . 0 Trustee., • '0`,Guardian;or Conservator • ❑Other: . . _ . . . a:;Other: • Signer Is Representin r •' • 9:; 'ii $igner''Is:RePresettui f ' ii.' ?g `�V`",��"=V .elac. .'�'V�G.��'IJ�.' 'P- +�1p5 0201 •4.Natipiial Notary:Assgciatioii,weir ,National otarjr:org,`;1• 800=11S=NOTAI 1'::1=>OU=$76=:fi82- . ... Item#5907 {> • • CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM:-7TS , /NG• PROJECT:le"G4f/.-)I' C441.4.. (Contractor Name) IZe14ik13/r•—(74'749"-) GC.-L71O /713 t ( ST Z Ave' (Street Address) s-phi--toe.) CA ?DI,If o (City,State and Zip) TO: Li 1 Y OF HUNTINGTON BEACH DECLARATION Attached hereto Is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement C1 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of ffuntington Beach(."City')and the above-named Contractor("Contractor")for the above-described project("Project"), declare under penalty of perjury under the laws of the State of California that the above statement is true and correct Signed on 5CP"reitiratic 20 at 5rfa�zor.� CA- (©ate) (City,gtate) (Signature rif Individual Who Is eking Declaration) WARRANTY Contractor hereby warrants and agrees to mdntaln 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 Croy as an additional Insured. Contractor shall supply to City,on at least an annual basis,a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. Signed on za'f ql'�1+ ,20 et S'd.J1c> -' C+ (date) ( ?'r S�) CONTRACTOR: turner "]'SS eottixelEv-i"-3 Name: • Title; 2776213 t ‘/C 'IC ® DATE(MM/pDlYYYY)" A o CERTIFICATE OF LIABILITY INSURANCE 09/09/2024 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 have.ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT CarrieStubblefiield,CISR NAME: DEJ Insurance Services Inc PHONE HO N Est): (559)741-2207 FAx No): .com d i i License#0F82089 E-MAIL carries@insurancedej.com j 653 W Falibrook Ave#103 INSURER(S)AFFORDING.COVERAGE NAILS Fresno CA 93711 INSURER A: Ascot Specialty Insurance Company 45055 INSURED INSURER B: Indian Harbor Insurance.Company 36940 T T S Engineering Inc INSURER C: XL Specialty Insurance"Company 37885 D B Equipment LLC INSURER D: 10731 Chestnut Ave INSURERS: Stanton CA 90680 INSURERS: COVERAGES CERTIFICATE NUMBER: ''24-25:GL IM UMB 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 ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDiYYYY) (MMIDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 1000 CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) $ 0,0 MED EXP(My one person) $ 5,000 A Y. ESGL231000011904 02/26/2024 02/26/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE $ 2.000,000 PRO- ' 1 LOC PRODUCTS:-COMPIOP AGG $ 2,000,000 POLICY X JECT / t Per Project Aggregate $ 5,000,000 OTHER: AUTOMOBILE LIABILITY GGhIBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED — SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Peraccidenl) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE s 5,000,000 B EXCESS LIAB CLAIMS-MADE SXS0065230 02126/2024 02/26/2025 AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION I'S ATUTE ER AND EMPLOYERS'LIABILITY Y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVE ( i N!A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $1,000 Deductible $250,000 Rented/Leased Equipment C Scheduled Equipment UM00109316MA24A 02/26/2024 02/26/2025 $1,000 Deductible Per Schedule DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may he attached If more space Is required) Project:CC1770 Retaining Wall Rehabilitation,Busliard Stand Gateshead Dr,City of Huntington Beach,CA. The City of Huntington Beach,Its officers, elected or appointed officials,employees,agents,and volunteers are Included as Additional Insured and Insurance is primar I�13)pj OVl1M f•+-:1MeiiDR CG2037 0413 and.CG2001 0413 attached. Per project aggregate as per form'CGA354 0920 attached. S MICHAEL E. GATES CITY ATTORNEY CIT\ ION Clt4 TfM RFACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St AUTHORIZED REPRESENTATIVE PO Box 190 /, Huntington Beach CA 92648 #ir'v.— ^' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The,ACORD name and'logo:are registered marks of ACORD "' ® OATE'(MMlDD/YYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE ‘,.....---' 09/09/2024, 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,th'e policy(les)must have ADDITIONALINSURED provisions or be endorsed, If.SUBROGATION IS WAIVED,subjectto the terms and conditions of the policy,,certain p'olicies,may require'an endorsement. A statement on thiscertificate does not confer rights to the certificate holder in=lieu ofsuchendorsement(s), PRODUCER CONTACT Carrie Stubblefield,CISR NAME: James.G::Parker PHONE,E (559)222 7722. FAX (559)222-1724 License 40554959 gAA CardeStubbtefield@Jgperker,com DDRESS: _ . . P'O'BOX 3947 INSURER(S)AFFORDING COVERAGE. NAIC N Fresno CA :93650 INSURER A: American Zurich Ins Co 40142 INSURED INSURER B1 ZurichAmerican Insurance 16535 T T S Engineering Inc INSURER C I D B Equipment LLC' INSURER D: , 10731 Chestnut Ave ` INSURER E: . . . Stanton CA 90680 INSURER FI COVERAGES CERTIFICATE NUMBER: :23.24.BAWC ,REVISION NUMBER: TH1S•IS TO'CERTIFY.THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME()ABOVE';FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM ORCONDITION 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 THETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN-MAY HAVEBEEN REDUCED BY PAlb+CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP.' LTD TYPE OFINSURANCE INSD WVD POLICY NUMBER (MhUDDIY.YYY) (MMIDDIYYW) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE 'OCCUR PREMISES(Ea occurrer ce) $ — MED EXP(Arty one person) S• . PERSONAL S,ADV INJURY S. GEN!L AGGREGATE..LIMIT APPLIESPER: GENERAL AGGREGATE - '$ n JECT POLICY. PR0. LOC PRODUCTS-COMPlOPAGG $' . OTHER: AUTOMOBILE LIABILITY COh181NE0(Eaacccct)dent.:?INGL£'L'IMIT $: 1,000,000 X ANY-AUTO BODILYINJURY(Perperson) • $ A OWNED —SCHEDULED BAP106300805 10/01/2023 1.0101/2024 BODILY INJURY(Per accident) ' S. AUTOS ONLY AUTOS -5 HIRED' NON-OWNED PROPERTY DAMAGE $ .AUTOS ONLY x AUTOS ONLY (Per accident) . $ UMBRELLA LIAB OCCUR' EACH OCCURRENCE $ — EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEO RETENTION$ '$ WORKERS COMPENSATION X STATUTE- £RH AND EMPLOYERS'LIABILITY YIN ' ANYPROPRIETORIPARTNER/EXECUTIVE - E.L.EACH ACCIDENT' S 'I000000 B OFFICER/AIEA(e£REXOLUDED? n N IA Y WC106300705 10101/2023' ,10l0172024 , (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE ,$ 1 000.000 Ityes,:describe under 1OOQ000 DESCRIPTION OF OPERATIONS below E.L;DISEASE-POLICY LIMIT $ , • 'DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may bo attached If more space Is required) Project:CC1770 Retaining Wall Rehabilitation,Bushard St and Gateshead Dr,City of Huntington Beach,CA. Waiver of subrogation in favor of the City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers as per form WC040306 0484'attached. CERTIFICATE HOLDER CANCELLATION. ' SHOULD ANY OF THE ABOVE,DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach . ACCORDANCE WITH-THE POLICY PROVISIONS. 2000 Main St AUTHORIZED REPRESENTATIVE PO Box 190 Huntington Beach CA 92648d;40, !Z$ e--.=-4-Nv ©1988-2015 ACORD,CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ESGL231.0000119-04 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 City of Huntington Beach,its officers,elected or appointed officials,employees,agents&volunteers 2000 Main St Huntington Beach CA 90802 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 additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" or "property damage" or"personal and advertising "property damage"occurring after: injury"caused, in whole or in part, by: 1. All work,including materials, parts or equipment 1. Your acts or omissions; or furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf; repairs) to be performed by or on behalf of the in the performance of your ongoing operations additional insured(s) at the location of the for the additional insured(s) at the location(s) covered operations has been completed; or designated above. 2. That portion of "your work" out of which the However injury or damage arises has been put to its intended use by any person or organization 1. The insurance afforded to such additional other than another contractor or subcontractor insured only applies to the extent permitted engaged in performing operations for a principal by law;and as a part of the same project. 2. If coverage provided to the additional insured 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 10 04 13 ©Insurance Services Office, Inc.,2012. Page 3 of 4 POLICY NUMBER: ESGL231.0000119-04 . COMMERCIAL GENERAL LIABILITY CO 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance,provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART • PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Huntington.Beach,its officers,elected or appointed officials,employees,agents and volunteers 2000 Main St. Huntington Beach,CA 90802 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 with Section Ill—Limits Of Insurance:. respect to liability for "bodily injury or "property If coverage provided to the additional insured is damage"caused, in whole or in part, by"your work" required by a contract or agreement, the most we at the location designated and described in the will pay on behalf of the additional insured is the Schedule of this endorsement performed for that amount of insurance: additional insured and included in the "products- completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown in the Declarations; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is Limits of Insurance shown in the Declarations. 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 4 of 5 • Policy#ESGL231000011904 COMMERCIAL GENERAL LIABILITY CG 20 01 0413. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and • CG 20.01 0413 ©Insurance Services Office, Inc.,2012 `Page.1 of 1 WORKERS COMPENSATION AND.EMPLOYERS'LIABILITY INSURANCE POLICY WC 0403 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work,under a written,contract that requires,you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND/OR ORGANIZATIONS' THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE. INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT' WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY 'YOU FOR THAT PERSON AND/OR ORGANIZATION. Policy#WC1'06300705 WO 252(4-84) WC 04 03 06(Ed.4434) • Page 1 of 1 Policy#ESGL231,000011904 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT 'SUBJECT TO CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated.Construction Project(s): All:projects Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rendes" under Section Coverage A, and for all expenses shall reduce the•Designated Con- Medical expenses caused by accidents under struction Project General Aggregate Limit for . . . Section I Coverage C, which can be attributed that designated• construction prClect. Such only to ongoing operations at a single designated payments shall not •reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction,project, and that limit is shown in the Schedule above equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To ' , . 2. The Designated Construction Project General You and Medical Expense continue to apply Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages 'because of',bodily injury" or rations, such limits will,be subject to theappli- cable Designated Construction Project Gen- "property damage" included in the "products- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits". CGA 354 09 20 • Page 1.of 2 D B. For all sums which the insured becomes legally D. If the applicable,designated construction project obligated to.;pay as damages caused by"occur- has. been abandoned, delayed, or abandoned rences"under Section I—Coverage A, and for all and then restarted, or if the authorized contract- medical expenses caused by accidents under ing parties deviate from, plans, blueprints, de- Section 1 —Coverage C, which cannot be at- signs, specifications or timetables, the project will tributed only to ongoing operations at a single still be deemed to be the same construction pro- designated construction project shown in the ject. Schedule,above: E. The provisions of Section III — Limits Of Insur- 1. Any payments made under Coverage A for ante not otherwise_modified by this endorsement damages: or under Coverage C for medical shall continue to apply as stipulated. expenses shall reduce the amount available F. Notwithstanding the foregoing or any other provi- under the General Aggregate Limit or the sion of this policy or any endorsement attached Products-completed Operations Aggregate thereto, the most we will pay under the Desig- Limit;whichever is applicable;and nated Construction Project General .Aggregate. 2. Such payments shall not reduce any Desig- Limit for all Designated Construction Projects nated '.Construction Project General Aggre- combined is: $5,000 000 gate Limit. C. When coverage for liability arising out .of the "products-completed operations hazard" is pro- vided, any payments for damages .because- of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce th,e Products-completed Operations Ag- gregate Limit, and not reduce. the General Ag- gregate Limit nor the Designated Construction Project General.Aggregate Limit. Page 2 of 2 Includes copyrighted material of the Insurance Services Office, Inc., CGA 354 09 20 with its.:permission. Bond Number: 108070487 Bond Premium: $1,991.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: • WHEREAS,City of Huntington Beach(hereafter referred to as°City")has,by written agreement dated September 3rd 2024,entered into a contract with TTS Engineering Inc • 10731 Chagtnut Avp, Stantnn CA coRRn (name and address of Contractor) (hereinafter referred to as"Principal"),for performance of the work described as follows: Retaining Wall Rehabilitation CC-1770 • • (Project Title) • WHEREAS, said contract, and all documents referenced therein '(hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing.The prompt,full and faithful performance of said Contract, by a duly admitted surety insurer under the laws •of the State of • California(hereinafter referred to as"Surety");and • Surety is certified and listed in the U.S. Department of the Treasury Circular 570,and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best,Moody's,or Standard&Poor's,to validate that Surety has positive ratings of being secure or Stable;and Surety is registered and listed with the California Department of Insurance, • NOW;THEREFORE,we,the undersigned,as Principal,and • • Travelers Casualty and Surety Company of America • One Tower Square;Hartford,CT 06183 • (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of One Hundred Seventy Four Thousand Six Hundred Twenty Four no/100 Dollars($ 17024.00 ),this amount being not less than one hundred percent of the price set forth in the Contract,in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly,fully and faithfully • perform each and all of the covenants,obligations and things to be done and performed by the Principal in • strict accordance with the terms of the Contract as said contract may be altered,amended or modified from • time to time;and if the Principal shall indemnify and save harmless City and all of City's officers,agents and • employees(hereinafter collectively referred to as"Obligees")fromany and all losses, liability and damages, • claims,judgments,stop notices,fees and costs of every description,whether imposed by law or in equity, • which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract,including all alterations,amendments and modifications thereto,and any warranties or guarantees required thereunder,then this obligation shall be void; otherwise, it-shall be and shall remain in full force and effect. • Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration,change,deletion,addition or other modification to the Contract,or the work to be performed thereunder,shall in any way affect,limit, restrict,impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price,and any other alteration,change, deletion,addition or other modification to the Contract,or the work to be performed thereunder,and agrees 1 5-45 84/1 17174 Bond No. 108070487 to automatically adjust the penal sum of this Bond to reflect such adjustments,alterations,changes, deletions,additions or other modifications. Surety agrees to provide written confirmation of such • adjustments in the penal sum to City on not less than a.quarterly basis, Surety also waives the • provisions of Civil Code§§2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to • • all obligations and liabilities of the Principal which.survive completion of the work. • IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. • Dated: September 6th 2024 • ATTEST TTS Engineering,Inc (Corporate Seal) PP (Principal Na e) • :l�By 10Q. Name: Tvc ins j&IAD if)b-►� • Title: Z til I)/t F O , • ATTEST Travelers Casualty and Surety Company of America (Corporate Seal) (Surety Name) • B • Name: ale ul e (Signature of Attorney-in-Fact for Surety) • (Attach Attorney-in-Fact Certificate) p59)241-7848 (Area Code&Telephone Number for Surety) • • APPROVED AS TO F • By. ✓ • Ichael E.Gates,.City Attorney r .24t�- ��3a • Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the • authority of any person signing as attorney-in-fact must be attached. • PERFORMANCE BOND Page 2 of 2 15-4584/117174 Travelers Casualty and Surety Company of America 411111l►, Travelers Casualty and Surety Company _TRAVELERS i St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Nichole Fisher,Natalie Guillozet,Darren Johnson,Daniel Peck,and Caitlin Elsasser of Fresno, California, their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. L -II. Sg�ei zfi or 9w. i Ec3!HARTFORD ;Ke K W.tHtFTTFORO < ,r1 '04 CONN tope,,, cONN. 'O 1�71�Y.,r r E�� 'i``F �S 6 2 '7a1 State of Connecticut By: Robert Raney,Senior Vice President City of Hartford ss. On this the 21st day of April,2021,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of each of the Companies, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. Corr �b , My Commission expires the 30th day of June,2026 p W, L�10 ,/�° Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance, or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E.Hughes,the undersigned,Assistant Secretary of each of the Companies,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this sth day of �ot.rn" 2024 . igt HAR-m.1� tf¢iHARTFORD i I 4-tat cONN. if,MIACONK n .4. k , // ';'r. v0:, . 1 fa, F 6 Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Fresno On CI I (P I I before me, Caitlin Elsasser,Notary Public Date 1 Here Insert Name and Title of the Officer �' personally appeared NQtak lQ, l V 1\\o z Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personK whose nameN is/t4 subscribed to the within instrument and acknowledged to me that /she/lacy executed the same in 'her/B: r authorized capacityQ,and that by bd/her/ff9 signatureM on the instrument the person, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph CAITLIN ELSASSER is true and correct. Notary Public-California =J•;e Fresno County WITNESS my hand and official seal. �, Commission It 2346727 L,•o•"w My Comm.Expires Feb 12,2025 atieltit, Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General El Partner — ❑Limited ❑General El Individual ❑Attorney in Fact El Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator El Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: • ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Damp_ _ On ` \ —` before me, ow. C W�tJ� / 1 V � \\ C— Date Here Insert Name and Title of the Offi er personally appeared 1- Uf 'S N.\L b St. Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ,�°', JULIA MARIE WILSON paragraph is true and correct.��d Notary Public-California u-.. ip = c4 Orange County _ _ WITNESS my hand and official seal. Commission fl 2491102 44.wo My Comm.Expires May 24,2028 Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited ❑ General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association Bond Number: 108070487 Bond Premium: Included in 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 TTS Engineering,Inc 10731 Chestnut Avenue;.Stanton,CA 90680 (name and address of Contractor) (hereinafter referred to as"Principal"),a contract("Contract")for the work described as follows: Retaining Wall Rehabilitation CC-1770 • (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 a's.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 Travelers Casualty and Surety Company of America One Tower Square;Hartford,CT 06183 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of One Hundred Seventy Four Thousand Six Hundred Twenty Four • dollars($ 174,624.00 ),this amount being not less than one hundred percent(100%0)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 inSection 3181 of the California Civil Code so as to give aright of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. • PAYMENT BOND Page 1 of 2 15-584/117357 Surety stipulates and agrees,for value received,that no change,extension of time,alteration, addition or modification to the terms of the Contract,or any contract document or any work to be • • performed thereunder;whether made after notice or not,shall in any way affect,impair or release the obligations of Surety under this bond. Surety hereby waives.notice of any such change, extension of time,alteration,addition,or modification to the terms of the Contract,the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code§§ 2845 and 2849. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party`s proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of • this bond,waives any defense which Surety has or may have by reason of any failure of the • Principal to execute or properly execute this bond. Dated: September 6th 2024 ATTEST TTS Engineering,Inc • (Corporate Seal) (Principal Name) By:" 1 Name: Title:-may iopf.F •. ATTEST Travelers Casualty and Surety Company of America . • (Corporate Seal) (Surety Name) By:.L'i - • Name: Natalie Guillo t (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) i;59)241-7848 (Area Code&Telephone Number for Surety) APPROVED AST M: f. gy: '' i6hael E.Gates, ity Attomey /, �1�°(� Note: This bond must be executed in duplicate and dated,all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. PAYMENT BOND Page 2 of 2 15-4584/117357 • Travelers Casualty and Surety Company of America Amok Travelers Casualty and Surety Company TRAVELERS i St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Nichole Fisher,Natalie Guillozet,Darren Johnson,Daniel Peck,and Caitlin Elsasser of Fresno, California, their true and lawful Attorneys)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. 34�yi•'...-...7.C�qY y�!94 'Z 04� �� ems,. .. ,n64 CONN :T �' GDNN 4 �r ;�li. e. a 'fix; State of Connecticut By: City of Hartford ss. Robert. .Raney,Senior Vice President On this the 21st day of April,2021,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of each of the Companies,and that he,as such, being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. Kp N& t%own ��My Commission expires the 30th day of June,2026 y,. vow* Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,•recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President, any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary of each of the Companies,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this ern day of septerribe, 2024 `ti��pu'°W, F . C SURFly�a4y 00/.[Y^ANy Z= livrh 'HART FORD, r HARiFORD CONN Yc 1r COH. n ,�d y �/ C `-%ta;�•'kl„"�'" . FI` k" Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document. State of California ) County of Fresno On I L I2-I before me, Caitlin Elsasser,Notary Public Date I Here Insert Name and Title of the Officer personally appeared N ate l L 2 GU �kb Z2+ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose nameN is/ subscribed to the within instrument and acknowledged to me that14/she/fly executed the same in 136./her/ !r authorized capacityjid),and that b 'bd fher/tt signatures on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CAITLIN ELSASSER Notary Public-California WITNESS my hand and official seal. _ : Fresno County �`- .s Commission#2346727 `' My Comm.Expires Feb 12,2025 + g a 4e".1_14.11,112/7 Si nature . Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: • ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of a'ci. Q J} On q I I a before me, l vWStyn ) I V V N Date v Here Insert Name and Title of the Officer personally appeared 1 iAN NS du 1�Cb Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing �UUryAMAPubliRclEwiLsoN-California paragraph is true and correct. zl�•� ��_'� NotaOrange County ,. .�r• Commission 112491102 WITNESS my hand and official seal. GkIFORM' My Comm.Expires May 24,2028 Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document -^p Title or Type of Document: I-0__ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer-Title(s): 0 Corporate Officer-Title(s): _. ❑ Partner- 0 Limited 0 General 0 Partner- 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) TTS Engineering,Inc Travelers Casualty and Surety Company of America 10731 Chestnut Avenue One Tower Square Stanton,CA 90680 Hartford,CT 06183 OWNER: (Name, legal status and address) City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 BOND AMOUNT:Ten Percent(10%)of Bid Amount PROJECT: (Name, location or address, and Project number, if any) Retaining Wall Rehabilitation CC-1770 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either(1) enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310,2010 Edition 1 Signed and sealed this 5th day of August,2024 • TTS En_ineerin_,Inc (Principal) . / (Seal) /,-SY) (Witness) (Title) `� Travelers Casualty and Surety Company of America (Surety) (Seal) (Witness) (Title)Nichole Fisher,Attorney-In-Fact The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310,2010 Edition 2 Travelers Casualty and Surety Company of America Aiilk Travelers Casualty and Surety Company TRAVELER: St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Nichole Fisher,Natalie Guillozet,Darren Johnson,Daniel Peck,and Caitlin Elsasser of Fresno, California, their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. 1 wwrFoaoV � t iS\ rsoN j�N e t , State of Connecticut By: City of Hartford ss. Robert Raney,Senior Vice President On this the 21st day of April,2021,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of each of the Companies, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. , FP. My Commission expires the 30th day of June,2026 rasa "r,. r Quo:••.; Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance,contract of indemnity,or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when (a)signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is , FURTHER RESOLVED,that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary of each of the Companies,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 5th day of August 2024 sue!NAHTFOR6 s11 ¢ HARirgarh 3 „�3 1 •: $, " ^� 'A# Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorneys)-in-Fact and the details of the bond to which this Power of Attorney is attached. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Fresno ) p' Natalie Guillozet,Notary Public On gJs)� d � before me, , Date J� I Here Insert Name and Title of the Officer personally appeared 1 V (� �cc�42._ Name(s) of Signer(s) , who proved to me on the basis of satisfactory evidence to be theperson(g) whose name p is/ subscribe to the within instrument and acknowledged to me that I /she/th* executed the same in IQ9/her/tlWr authorized capacity('L),and that by ikher/tii<ir signature(,on the instrument the person, or the entity upon behalf of which he personcted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. y�•= t NATALIE GUILLOZET WITNESS my hand and official seal. •:.;F Notary Public•California 4 e _ z ;�,. = Fresno County ! Commission 2394290 Signature (/��'� K jcMYCofl1mEXPWeSMar152O4 Signature of otary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General ❑ Partner — ❑Limited ❑General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 TTS 6746'hNd- "-/6 /,r/G to 73/ rToW/u7 EVE � Y� ppk-Giv eik 2 4f7z 55 6 k-�a�Cne, C3•ram 4. 7A-iiJHJG g-G L revAs/L114Y/0t CD B c)3HAQ 0 5T )47 GA 7 5I1 D D�' cc No . 177e GI7Y of -I0NTIrG7old 610A ci-t 2 G o riA I)I sr. / uNTIN6Tot' b�Q6H CA g2C4e tz Ij 1 f7 13oN D Public Works Engineering 81712- i y_3OrPl- Ky�c� g'rv-c e I T'Ncr City of Huntington Beach �` � 2000 Main Street • Huntington Beach, CA 92648 f (714) 536-5227 • www.huntingtonbeachca.gov Office of the City Clerk cFc�UNTY•z rs,", Robin Estanislau, City Clerk November 4, 2024 TTS Engineering Inc. Attn: Timothy Wilson 10731 Chestnut Ave. Stanton, CA 90680 Re: Retaining Wall Rehabilitation —CC-1770 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 714-536-5517. Sincerely, Q49A6htl/4,164) Robin Estanislau, CMC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copy of insurance Original bid bond Sister City: Anjo, Japan e��NTin,sro 2000 Main Street, j� ��, Huntington Beach,CA 92648 City of Huntington Beach Q-11 APPROVED 7-0 .CFI p ��F�yl File #: 24-577 MEETING DATE: 9/3/2024 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: Eduardo Cerda, Senior Civil Engineer Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with TTS Engineering Inc in the amount of $174,624 for the Retaining Wall Rehabilitation Project, CC-1770 Statement of Issue: On August 8, 2024, bids were publicly opened for the Retaining Wall Rehabilitation Project. Staff is requesting City Council to award the construction contract to TTS Engineering Inc, the lowest responsive and responsible bidder. Financial Impact: Total cost for the project is $237,913 with the breakdown as follows: Construction Bid $ 174,624 Contingency (15%) $ 26,194 Inspection Services $ 37,095 Total Project Cost $ 237,913 This project was not included within the City's Capital Improvement Program (CIP) Budget. However, funding has been identified within the current fiscal year budget in the following accounts and no additional appropriations are required: Infrastructure Fund Acct. 31485201.82800 $208,595 Infrastructure Fund Acct. 31440001.82800 $ 29,318 Total Funds Available $ 237,913 Recommended Action: City of Huntington Beach Page 1 of 3 Printed on 8/29/2024 powered LegistarT" File#: 24-577 MEETING DATE: 9/3/2024 A) Accept the lowest responsive and responsible bid submitted by TTS Engineering in the amount of$174,624; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the 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$26,194. Alternative Action(s): Reject all bids and not construct the wall. Analysis: This project will replace 114 feet of a 10-foot-high retaining and screen combo wall that is leaning towards the sidewalk. The city-owned wall is located on the west side of Bushard Street just north of Brookhurst Street and is the back wall of three private properties. A large portion of the wall will be reconstructed with new soil fill, concrete footing, wall drainage pipes, and concrete masonry unit. blocks. Two structural pilasters will be constructed to stabilize the remaining 40 feet of the retaining wall. It is expected that the construction will take approximately five weeks to complete. Staff reached out to the three impacted residents, and they are supportive of the project. Staff and the contractor will work closely with the residents during construction to address any issues or concerns they may have. Bids were opened on August 8, 2024, with the following results: Bidder's Name Bid Amount TTS Engineering Inc $174,624 US Builders and Consultants Inc $193,023 3M Construction Corporation $253,740 Asad Holdings LLC $259,290 Oppenheimer National $329,008 We R Builders Inc $343,585 HZS Engineering and Construction $597,060 Staff recommends awarding a contract to TTS Engineering Inc. in the amount of $174,624. TTS Engineering Inc. has successfully completed similar block wall projects. The total project cost is estimated to be $237,913, which includes the construction contract, a 15% construction contingency, and inspection services. Environmental Status: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15031c under Class 1 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, City of Huntington Beach Page 2 of 3 Printed on 8/29/2024 powered LegistarTm File#: 24-577 MEETING DATE: 9/3/2024 because it has no potential to have a significant effect on the environment. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. PowerPoint City of Huntington Beach Page 3 of 3 Printed on 8/29/2024 powered LegistarM \16)1 , , . -- .. -. .. ,,,., -,, : ite • ll .. . _____________________.„ _ _,._, ,,,, ,e , .: .. RetainingRehabilitation a,,„(,) , . ,. . .. , .. ci) N.. % . - -- P71. ..c • dit �: )fr : ... :. --- Project . . .". .. .. ... . .• • - • fil �� ___ September 3, 2024 • .-, ,e • \- : ,. . :- '. . ® . ,, 0 , ■ = ® ke es se 406 BACKGROUND /ea *'P* IllniqiiiiiL • 114 ft of a 10ft high retaining and screen combo wall is 5 y � ® Pl . leaning towards the sidewalk 1 llitri Ptak Pi MIN 0 MN • Leaning of block wall most likely caused by large palm -R ,Jinn m trees that used to be there, insufficient draining behind ( "4 y5� Me _ I the wall, and an under-designed structural footing �'� 05, ` r #IIF'p11u g �� ® 4viiii NE t" h .� 3 N • The wall is located at the intersection of Bushard St. and yak '�` \ 9r oact Gateshead Dr. `\ R �:� - �. , .�., ® �`' • 3 private properties are affected „/o"1NTINGt0 CI • Project opened bids publicly on August 8, 2024 k 4 Q x a Z p , i® N oT`( A. NEEDs/wHy/ BENEFITs • 74 ft of the 114 ft block wall needs to be reconstructed • The remaining 40 ft will be stabilized by constructing structural pilasters on both ends • New footing will be constructed • Wall drainage will be installed behind the wall to prevent excess water build-up • Rehabilitation of the wall will fix the problem and prevent the condition from worsening r . tk w ,' a � ter', i , , � ' t Q ° -`� � (P ... 17 W 0� d FUNDING . • Retaining Wall Rehabilitation Funding $237,913 • Infrastructure Fund $237,913 4 O ...��fOFPQ3410• , ds \. Ntk , , .®. ® 'OUNT '`' ,®. SCHEDULE • Construction to commence in Fall 2024 • Construction to finalize in Fall 2024 ��cat '`��0eol�AFF�••a,: �. is e�9,: - ii . `Lc � OUNT`[: � . • RECOMMENDATION • Accept the lowest responsive and responsible bid submitted by TTS Engineering Inc in the amount of $174,624 • Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. 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". -¢ 1 - ,,4 ice`S a-! .,,.,,,� ae _ .ems �' - ,�i CD/G Y)n • 7/1 /may Pub: 7/act??v SECTION A g/Jy NOTICE INVITING ELECTRONIC BIDS for the construction of RETAINING WALL REHABILITATION CC No. 1770 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 10:00 AM on Thursday, August 8, 2024, on the City's PlanetBids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal website at: https://www.planetbids.com/portal/portal.cfm?CompanylD=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at: https://www.planetbids.com/portal/portal.cfm?CompanylD=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California,which are available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code,Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. For electronic submittal of bids, the bid security must be received at the City of Huntington Beach Public Works Office,2000 Main Street,no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows: OFFICIAL BID SECURITY - DO NOT OPEN Project Name: RETAINING WALL REHABILITATION CC #: 1770 Bid Opening Date: Thursday, August 8, 2024 at 10:00 AM The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A, at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Project Description: The project consists primarily remove and dispose of a leaning 10' retaining&screen combo block wall, concrete footing, sidewalk, excess backfill, and trees. Hydraulically install pipe piles to support property walls, Construction of new 10' retaining & screen combo block wall, footings, pilasters, native backfill, new backfill,wall back drain, waterproofing, and sidewalk. NTP will be issued no later than Monday,October 14,2024 and the working days will commence for this project on this date. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to reject any or all bids,to waive any irregularity, and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 4th day of June 2024,by Resolution No. 2024-28. Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 Column INTERIM AD DRAFT This is the proof of your ad scheduled to run in Huntington Beach Wave on the dates indicated below. If changes are needed, please contact us prior to deadline at (714) 796-2209. Notice ID: hLSP019o316Su3DRogwG I Proof Updated: Jul. 18,2024 at 10:07am PDT Notice Name: NIEB- Retaining Wall Rehabilitation CC-1770 FILER FILING FOR See Proof on Next Page Tania Moore Huntington Beach Wave tania.moore@surfcity-hb.org (714)536-5209 Columns Wide: 5 Ad Class: Legals 07/25/2024: City Notices 767.64 08/01/2024: City Notices 767.63 Subtotal $1535.27 Tax% 0 Total $1535.27 NIEB - Retaining Wall Rehabilitation CC-1770 - Page 1 of 3 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of RETAINING WALL REHABILITATION CC No.1770 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY,invites electronic bids for the above stated protect and will receive such bids prior to 10:00 AM on Thursday,August 8,2024, on the City's PlanetBids System Vendor Portal,at which time or thereafter bids will be opened and made available online.Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this protect via the City's PlanetBids System Vendor Portal webslte at: https://www.pianetblds.com/portal/portal.cfm?Company I D=15340 Copies of the bid documents, including instructions to bidders,bidder proposal form, and specifications may be downloaded free at: https://www.planetbids.com/portal/portal.cfm?ComparlyID=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBlds system to view and download the Contract Documents,to be added to the prospective bidders list,and to receive addendum notifications when issued. Any contract entered into pursuant to tills notice will incorporate the provisions of the State Labor Code. Pursuanttothe provisions of the Labor Code of the Stateof California, the minimum prevailing rate of per diem wages for each craft,classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California,which are available online at www.dir. ca.gov/DLSR and also on file at the Office of the Director of Public Works,2000 Main Street,Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code,Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashiers check, or bidders bond made payable to the AGENCY for an amount no less than 10%of the amount bid. For electronic submittal of bids,the bid security must be received at the City of Huntington Beach Public Works Office,2000 Main Street, no later than the bid opening date and time.The bid security must be submitted in a sealed envelope bearing the name and address of the bidder,and the outside of the envelope must read as follows: OFFICIAL BID SECURITY-DO NOT OPEN Project Name:RETAINING WALL REHABILITATION CC#:1770 Bid Opening Date:Thursday,August 8,2024 at 10:00 AM The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractors License Class A,at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY.All extension of unit prices will be sublect to verification by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Project Description: The protect consists primarily remove and dispose of a leaning 10'retaining&screen combo block wall,concrete footing,sidewalk,excess backfll I,and trees.Hydraulically install pipe piles to support property walls,Construction of new 10'retaining&screen combo block wall, footings, pilasters, native backfill, new backfili, wail back drain, waterproofing,and sidewalk. NTP will be issued no later than Monday, October 14, 2024 and the working days will commence for this protect on this date. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the instructions to Bidders.Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to relect any or all bids,to waive any irregularity,and NIEB - Retaining Wall Rehabilitation CC-1770 - Page 2 of 3 to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,the 4th clay of June 2024,by Resolution No.2024-2B. Attest: /s/Robin Fstanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Huntington Beach Wave Published:7/25,8/1/24 NIEB - Retaining Wall Rehabilitation CC-1770 - Page 3 of 3 mi‘aiINCLFOUNTAIN UDES THE v....._P, _/ VALLEY VIEW 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714) 796-2209 legals@inlandnewspapers.com City of Huntington Beach- City Clerk's Office 2000 Main Street Huntington Beach, California 92648 Account Number: 5272431 Ad Order Number: 0011682130 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 07/25/2024 and 08/01/2024 Total Amount: $1535.27 Payment Amount: $0.00 Amount Due: $1535.27 Notice ID: hLSP019o316Su3DRoqwG Invoice Text: SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of RETAINING WALL REHABILITATION CC No.1770 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH,as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 10:00 AM on Thursday,August 8,2024, on the City's PlanetBids System Vendor Portal,at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non- responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal website at: https://www.planetbids.com/portal/portal.cfm?CompanylD=15340 [https://www.planetbids.com/portal/portal.cfm?CompanylD=15340]Copies of the bid documents, including instructions to bidders, bidder proposal form,and specifications may be downloaded free at: https://www.planetbids.com/portal/portal.cfm? CompanylD=15340[https://www.planetbids.com/portal/portal.cfm? CompanylD=15340]. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents,to be added to the prospective bidders list,and to receive addendum notifications when issued.Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California,the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California,which are NIEB - Retaining Wall Rehabilitation CC-1770 - Page 1 of 3 See Proof on Next Page INCLUDES THE FOUNTAIN foi VALLEY VIEW • Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 (714)796-2209 2000 Main Street Huntington Beach,California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,and not a party to or interested in the above-entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Irvine, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 07/2512024,08101/2024 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California,on Date:Aug 1, 2024. , Cantfeir S/�ure NIEB - Retaining Wall Rehabilitation CC-1770 - Page 1 of 3 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of RETAINING WALL REHABILITATION CC No.1770 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY,invites electronic bids for the above stated prolect and will receive such bids prior to 10:00 AM on Thursday,August 8,2024, on the City's PlanetBids System Vendor Portal,at which time or thereafter bids will be opened and made available online.Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this prolect via the City's PlanetBids System Vendor Portal website at: hops://www.planetbids.com/portal/portal.cfm?Company I D=15340 Copies of the bid documents,including instructions to bidders,bidder proposal form, and specifications may be downloaded free at: https://www.pianetbids.cam/portal/portal.cfm?CompanyI D=15340.Bidders must first regisfer as a vendor on the City of Huntington Beach PlanetBlds system to view and download the Contract Documents,to be added to the prospective bidders list,and to receive addendum notifications when Issued. Any contract entered into pursuant to this notice will Incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of Cal iforn la, the minimum prevailing rate of per diem wages for each craft,classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California,which are available online at www.dlr. ca.gov/DLSR and also on file at the Office of the Director of Public Works,2000 Main Street,Huntington Beach,CA 92648. The AGENCY will deduct 5%retention from all progress payments. Tile Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code,Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids to response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashiers check, or bidder's bond made payable to the AGENCY for an amount no less than 10%of the amount bid. For electronic submittal of bids,the bid security must be received at the City of Huntington Beach Public Works Office,2000 Main Street, no later than the bid opening date and time.The bid security must be submitted in a sealed envelope bearing the name and address of the bidder,and the outside of the envelope must read as follows: OFFICIAL BID SECURITY-DO NOT OPEN Project Name:RETAINING WALL REHABILITATION CC#:1770 Bid Opening Date:Thursday,August 8,2024 at 10:00 AM The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractors License Class A,at the time of the bid opening. The successful Contractor and Ills subcontractors will be required to possess business licenses from the AGENCY.All extension of unit prices will be subiect to verification by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Project Description: The protect consists primarily remove and dispose of a leaning 10'retaining&screen combo block wall,concrete footing,sidewalk,excess backflll,and trees.Hydraulically Install pipe piles to support property walls,Construction of new 10'retaining&screen combo block wall, footings, pilasters, native backfill, new backfill,wall back drain, waterproofing,and sidewalk. NTP will be Issued no later than Monday, October 14,2024 and the working days will commence for this prolect on this date. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders.Any other contact to City staff regarding tills bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to reiect any or all bids,to waive any irregularity,and NIEB - Retaining Wall Rehabilitation CC-1770 - Page 2 of 3 to take all bids under advisement for a maximum period of 60 days. • BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,the 4th day of June 2024,by Resolution No.2024-28. Attest: Is/Robin Fstonislnu CITY CLERK OF THE CITY OF HUNTINGTON BEACH Huntington Beach Wave Published:7/25,8/1/24 NIEB - Retaining Wall Rehabilitation CC-1770 - Page 3 of 3 UNSUCCESSFUL BIDS CC No. 1770 Retaining Wall Rehabilitation B1 �NTINcr oo � .. Gi.ofc � City of Huntington Beach �9 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov `tiny Office of the City Clerk F �UNTY C � Robin Estanislau, City Clerk ®etre959,- April 5, 2024 3M Construction Corporation 741 E. Sycamore Street Anaheim, CA 92805 RE: Retaining Wall Rehabilitation (CC-1770) Enclosed please find your original bid bond for CC No. 1770. Sincerely, 440, ebbytetralitu) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan • THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) 3M Construction Corporation 741 E. Sycamore Street,Anaheim, CA 92805 as Principal,hereinafter called the Principal,and (Here insert full name and address or legal title of Surety) Capitol Indemnity Corporation 2121 N. California Blvd.#300, Walnut Creek,CA 94596 a corporation duly organized under the laws of the State of,as Surety, hereinafter called the Surety,are held and firmly bound unto (Here Insert full name and address or legal title of Owner) City of Huntington Beach 2000 Main Street,Huntington Beach,CA 92648 as Obligee,hereinafter called the Obligee,in the sum of Ten Percent of amount bid Dollars($ 10%of amount bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs, executors,administrators,successors and assigns, jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for (Here insert full name, address and description of project) • RETAINING WALL REHABILITATION- CC#: 1770 NOW THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the ierms'of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance at such Contract and for the prompt payment of labor and material furnished In the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bonds or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then Ihis'obfipatibn shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 611i day of August,2024 3M Construction Corporation { (Principal) (Seal) fness) . ✓V { Capitol Indemnity Corporation sdroy) (Seal) (Witness) Andrew Sysyn life) Attorney-in-Pact • AIA DOCUMENT A310-BID BOND-AIA Q-FEBRUARY 1870 ED-THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C. 20008 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 1.Lr.-.�^.:r,'r:-�:,crk�,cam,r�^S�Z,i�`.�rti-c,c;C,c'✓.S�Cs�G�:e��.�'.�S6Y"�.�.f.>Lf.:Cf',cx-,�°rirri:.'r, �.crrrc=C;c;cc-rs�C.e:e.sScnC.rt,s=ems 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 AUG 0 6 2024 before me, Maria Svsyn,Notary Public Date Here Insert Name and Title of the Officer personally appeared Andrew Sysyn Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. t` °t rh MAMA SYSYN WITNESS my hand and official seal. Notary Public•California -06 Orange County s.• Commission N 2463022 My Comm.Expires Nov 7,2027 Signature .44C2ti" Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑Partner — 0 Limited ❑General ❑Individual ❑Attorney in Fact 0 Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator D Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ,x:�Gz;�c;"-�'`�trr<.c:t?rt'�c��et>ez�%t.�'_z,�,�'.�,��,�:� z�i�;�c7cxicGeez;�c;`cc�:t�`� tix.�cez:•nr; .��;i,`�?".;,�:r,�,wz,�z,`tiL�.i� ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 • CAPITOL INDEMNITY CORPORATION BBSU9438 POWER OF ATTORNEY Bond Numher KNOW All MEN BY THESE PRESENTS.That the CAPITOL INDEMNITY CORPORATION.a corporation of the Slate of Wisconsin.having its principal offices in the City or Middleton.Wisconsin.does make.constitute and appoint • -- — — —--- ANDREW SYSYN.PAW.A R.Gor:SCl 1----------------------------------------------------------— —its true and lawful Attorneys)-in-fact, to make. execute. seal and deliver for and on its behalf. as surety. and as its act and deed, any and all • bonds. undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of -------------------—-----------------AI.I.WRFITEN INS'I'RtIMENT:S IN AN AMOIINTN(li ft)NX('I:k:I):$2tl.Uttl.tntt This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting dub called and held on the 15th day of May.2111)2. "RESOLVED.that the President. Executive Vice President. Vice President. Secretary or Treasurer. acting individually or otherwise. he and the) hcreb are granted the power and authorization to appoint by a Power of Attorney for the purposes only or executing and attesting bonds and undertakings. and other writings obligatory in the nature thereof:one or more resident vice-presidents.assistant secretaries and attorney(s)-in-lact.each appointee to have the powers and duties usual to such offices to the business of this company:the signature of such officers and seal of the Company may he affixed tt am such power of attorney or to any certificate relating thereto by.facsimile. and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall he valid and binding upon the Company,and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is - attached.Any such appointment may he revoked.for cause,or without cause.by any of said officers.at any time."" In connection with obligations in favor of the Florida Department of Transportation only. it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee.shall not relieve this surety company or any of its obligations under its bond. In connection with obligations in favor ol'the Kentucky Department of Itighways only. it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot he modified or revoked unless prior written personal notice or such intent has been given to the Commissioner— Department of I lighw,iys of the Commonwealth of Kentucky at least thirty 00)days prior to the modification or revocation. IN WITNESS WHEREOF. the CAPITOL.INDEMNITY CORPORATION has caused these presents to he signed by its officer undersigned and its corporate seal to be hereto affixed duly attested.this I st day of January.2020. Attest: I t ;h,,,art ia:!u„rr1; ('APITOI.INDEMNITY CORPORATION Ryan J.Byrnes _tit' , iF 1-1 6* ' Senior Vice President. Chief Financial Officer and Treasurer SEAL,,= John I..Sennott•Ira Chief Executive 011icer and President _,,Ni, '`f Suzanne M.Broadbent "' „ t5 rini '•)'ta Assistant Secretary STATE OFWISCONSIN COUNTY OF DANI: On the let day of January.2f121)belire me personally came John I. Sennott. .Ir. to sic known. who being by me duly sworn. did depose and su). that he resides in the County of Hartford, State of Connecticut. that he is Chief Executive Officer and President of C.APITOI.. INDEMNITY CORPORATION.the corporation described in and which executed the above instrument. that he knows the seal of the said corporation. that the seal affixed to said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that he signed his name • thereto by like order. vunuuuur:,J:•. RF `oP�vQ S. GF:�.,, •40TA/ 0� 1(j David.1.Regele ' •.., Notary Public.Dane Co..WI STATT:OF WISCONSIN r,�FOF'wt My Commission Is Permanent COUNTY OF DANE } S.S: "Jnmmnt:nao I. the undersigned.duly elected to the office stated below. now the incumbent in ('APITOI. INDEMNITY CORPORATION. a Wisconsin Corporation. authorized to make this certificate. DO HEREBY CERTIFY that the tbregotng attached Power of Attorney remains in lull force and has not been revoked:and furthermore.that the Resolution of the Board or Directors.set firth in the Power of Attorney is now in force. Signed and scaled at the City of Middleton.State or Wisconsin this 6th (lax of August 21) 24 • SEAL) - 4ri '' r Andrew B.Diez Malos •,'"E;C°''"''•"' Sell or\ricC President.General Counsel and Secretary THIS DOCUMENT HAS BEEN GENERATED FOR A SPECIFIC BOND 11 YO1 I IIAVI' ANY QIII{STIt)NS CONCERNING THE. AUTHENTICITY OF THIS DOCUMENT CAI.I.800-475-4450. ('It'-cPN).\-NI(Rev 01-2021) SECTION C PROPOSAL for the construction of RETAINING WALL REHABILITATION CC No. 1770 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 25 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. c-i If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid,find Rid Rnnd 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 Bidder's Signature C-2 CC1770 Retaining Wall Rehabilitation PROJECT BID SCHEDULE Bid Contract I Unit Extended No. Description Quantity i'Unit Price ; Amount 1 MOBILIZATION 1 LS $8,010.00 $8,010.00 2 WATER POLLUTION CONTROL PLAN 1 LS $3,000.00 $3,000.00 3 INSTALL AND MAINTAIN CONSTRUCTION 1 LS $12,000.00 $12,000.00 BMP 4 FURNISH PROJECT TRAFFIC CONTROL 1 LS $24,000.00 $24,000.00 5 REMOVE AND DISPOSE OF EXISTING 10' 74 LF $250.00 $18,500.00 BLOCK WALL 6 REMOVE AND DISPOSE OF EXISTING 74 LF $75.00 $5,550. FOOTING REMOVE AND DISPOSE OF EXISTING 7 3 EA $1,000.00 $3,000.00 TREES 8 REMOVE AND DISPOSE OF EXISTING 520 SF $35.00 $18,200.00 SIDEWALK 9 FURNISH AND INSTALL TEMPORARY 1 LS $10,000.00 $10,000.00 PRIVACY FENCE 10 CONSTRUCT 10' RETAINING &SCREEN 74 LF $350.00 $25,900.00 COMBO WALL 11 CONSTRUCT COMBO WALL FOOTING 74 LF $220.00 $16,280.00 12 CONSTRUCT 10' HIGH 16"X16" PILASTER 2 EA $5,000.00 $10,000.00 13 CONSTRUCT PILASTER FOOTING 2 EA $300.00 $600.00 14 CONSTRUCT SIDEWALK 540 SF $75.00 $40,500.00 15 CONSTRUCT BLOCK WALL AND PILASTER 77 LF $70.00 $5,390.00 BACK DRAIN 16 FURNISH AND INSTALL SHORING PIPE 1 LS $8,975.00 $8,975.0 PILES 17 EXCAVATE EXISTING BACKFILL 1,210 CF $10.00 $12,100.00 18 INSTALL NEW SELECT FILL 300 CF $40.00 $12,000.00 19 REINSTALL NATIVE SOIL BACKFILL 910 CF $8.50 $7,735.00 20 REMOVE AND DISPOSE OF EXCESS SOIL 300 CF $40.00 $12,000.00 Total Amount Bid in Figures: $ 253,740.00 In Words; Two Hundred Fifty Three Thousand Seven Hundred Forty Dollars and Zero Cent C-2.1 '�1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater,and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar % of Item(s) Subcontractor License Registration# Amount Contract Number None By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the SITL. lfornia that the foregoing is true and correct and that this declaration is executed on w. , eA (�,�_`_v Date City State 4cszin /` ^ ` , beiriA, first duly sworn, de osee and says that he orris ift• V" of J� 6 v,a / ethe 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. 11•- c-VLb 61e-sj,' Name of Bidder Signature of Bidder S C mA 1•�-, Address of Bidder Stamped to Identify Pages Submitted to Notary C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Art9-11‘ geZ , , before me, C. E. Soto Hernandez, Notary Public, personally appeared �% eAC't.(.N'I { H24Ko7/d 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 State of California that the foregoing paragraph is true and correct. „p0,-.'mac. C. E. SOTO HERNANDEI COMM. #2341451 z WITNESS myhand and official seal. i r,�� Notary Public • California o Orange County 1 _n.,s • MI Comm.E.x.pires Jan. 14,2025 t SIGNATURE • PLACE NOTARY SEAL ABOVE 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 this form to another document. Description of attached document / Title or type of document: Ain/a //e ciK Document Date: Number of Pages: Z. N Signer(s) Other than Named Above: /� 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 RETAINING WALL REHABILITATION(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. 3M Construction Corporation Contractor Yessica Barron QSSiGe, q,A2/97 By Owner Title Date: 8/8/2024 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified,removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes /]No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: 3M Construction corporation Bidder Name 741 E Syvamore Street Business Address Anaheim CA 92805 City, State Zip ( 714 ) 724-7585 info@3mccorp.com Telephone Number Email Address 1099433 A, B,C33 State Contractor's License No. and Class 12/07/2022 Original Date Issued 12/07/2024 Expiration Date The work site was inspected by Moe Alanirah On Line of our office on ,202_. The following are persons, firms,and corporations having a principal interest in this proposal: Yessica Barron /Owner Mahmoud Merzi/Partner Reda Hammoud/G.M Moe Alamirah/Forman 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. 3M Construction Corporation Company Name Signs ure of Bidder Reda Hammoud Printed or Typed Signature C-8 NOTARY CERTIFICATE n Subscribed and sworn to before me this 7 day of 7 -cf. , 202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of ddevrhi'vt ) County of O`4410--- ) On Z6 before me, Cl• So*lie' 7Z/p4 onth, Day,and Year Insert Name and Tig of Nota personally appeared )&% f 4 44vuovOe Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. '�� CCOMry MPublic#234A4DEZ r-ce . 1 Nota • z California k Oran Countyge ,,, ,Irr• M Comm.Expires Jan. 14,2025 Signature Signature of Notary Public LACE NOTARY SEAL ABOVE) C-9 See Attached Sheets Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of Retaining Wall Rehabilitation Projects. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: c-io 3M Construction Corporation 3M Construction Corporation References Reference: 1 Desert Moon: Painting building interior,exterior, a ground up remodeling of two Banquets,one Dining room and Kitchen.Adding a Patio that Seats 45 Person. (Dec 20th, 2022—Jan 28th, 2023) Job Total: $275,350.00 finished $275,350.00 Contact: Mike Nouredine: (323) 385-4206 Reference: 2 Dream Coffee: A Complete renovation of two Rest Rooms and service area. Replace Loose wood around the building, Scrape, Patch, paint building exterior/ interior, resurface Side Patio and paint. FEB 05th, 2023—MAR 18th, 2023 Job Total: $235,100.00 Finished $235,100.00 Contact: Morris: (323)303-8107 Reference:3' City of Sierra Madre: Pressure washing Scrape, Patch. Changed roof Screens,changed all outside Building Roof Drains and replace unsound Areas. Paint Building Exterior MAR 19th, 2023- MAR 29th,2023 Job Total: $38,000.00 Finished $38,000.00 Contact: Damien Doperoy(626) 264-8906 Reference:4 City of Norwalk: Repair Damage Seals,And Reseal All Windows Around the Building. JUN 20th, 2023—JUL 5th, 2023 Job Total: $20,000.00 Finished $20,000.00 Contact: Brett Marshall (562)577-6006 Reference:5 Santa Ana College:_Scrape, Repair Plaster and paint building exterior"Elastomeric Paint" SEP, 31St, ,2023—NOV, 20th, 2023 Job Total: $53,800.00 Finished $53,800.00 Contact:Tim Wootton (562) 577-0295 Reference:6 Santa Ana Zoo:Complete Renovation of: Office, Bathroom,Windows,AC,Water heater, Floors work, Tiles and Restrooms. OCT, 2023 to JAN, 2024 Job Total $ 83,350.00 Finished Change Order$9800.00 Total $93,150.00 Contact:Jonathon (714) 916-114 1c1 Reference:7 City Of Los Alamitos: Large Banquet Dividers: High banquet Operable Wall Dividers Jan, 2024 to Mar, 2024 Job Total: $86,730.00 Finished $86,730.00 Contact: Steve (562) 357-4525 Reference:8 Cypress College: Two Rooms Flooring, Painting and Mini Kitchen Dec, 20th, 2023—Jan 30th, 2024 Job Total: $54,930.00 Finished $54,930.00 Contact: Alejandra (714)484-7732 Reference:9 Los Angeles County Sanitation Districts Wall Renovation in 25 Offices and 15,000.SQ break Room MAR 24th, 2024 till June 7th, 2024 Job Total 218,730.00 Change Order$20,825.00 Total$239,555.00 Contact Alex Rossi (562)449-9986 Reference: 10 City of Paramount Building two restrooms at Dill's Park Undergoing till Oct/13/2024 6500 San Juan St City of Paramount,CA Total Job: 213,730.00 Contact:Jason Brown (310) 502-9931 741 E Sycamore ST—Anaheim Ca,92805 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. Yessica Barron Name of proposed Project Manager Telephone No. of proposed Project Manager:_(714) 724-758 Retaining Wall Rehabilitation , Huntinton Beach $255,730.00 Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed 2. Name of proposed Superintendent Telephone No. of proposed Superintendent: Project Name&Contract Amount Type of Work Date Completed Project Name& Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed c-11 \ \ / CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)),passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is $400. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 https://www.dir.ca.gov/publ ic-works/PublicWorksSB854.html DIR's Contractor Registration Link—Call (844)522-6734 https://www.dir.ca.gov/public-works/contractor-registration.htm I DIR's Contractor Registration searchable database: https://cadir.secure.force.com/ContractorSearch I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code,or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. 3M Construction Corporation Contractor Ii Yessica Barron 7 (.0 V A By info@3mccorp.com Email Owner Title Date: 8/8/2024 PWC Registration #: 1001014995 C-12 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1 861 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. 3M Construction Corporation Contractor Yessica Barron ess �{ By Owner Title Date: 8/8/2024 C-7 MM'( Cd1(ss1r a ch A(P c rri 2a-d(0k . 144 ttit lAkOL C t 6. S/cawt (6kX, n P. r CA 9(LC CO c PALL tudyk I vt ffs e can Cit-Lj 06— -HutAid-k5k5q bizackk tAti ikopy-k e.e...acift. ce.f-Cycy-tAick 7---6 Ne Ack_ / 1 W (-4 P9.4t6k/\'‘ \NA( Akekhi VI 4406 cc - (1:4-o f .tea C`i +u[H zbiic w sox i90 ?.Ai1Q Main Streeat Huntington Beach,CA 9264g 2702 T"k � INGT�.� i.° e City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 -_ -__ (714) 536-5227 ♦ www.huntingtonbeachca.gov you Office of the City Clerk �UUNTY CP�l' Robin Estanislau, City Clerk November 4, 2024 HZS Engineering, Inc. dba H Z S Construction 1403 N. Batavia St. #108 Orange, CA 92867 RE: Retaining Wall Rehabilitation (CC-1770) Enclosed please find your original bid bond for CC No. 1770. Sincerely, I4 q614.41.4.1444) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan a SECTION C PROPOSAL for the construction of RETAINING WALL REHABILITATION CC No. 1770 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 25 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. c-i If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid,find Bidder's Bond in the amount of 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 10% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: A ender lVo....... Date Received 41ddeek StehairA , C-2 CC1770 Retaining Wall Rehabilitation �y PROJECT BID SCHEDULE �� Bi r e ,''a„ ' Aso , ;.^i - °s �r x C`ontract rr'i r'r '' m-�iJ1�� t r`a rtE ended "' �$k i ...1 c t� $C- $.&,.�$7. � 9.�....y �$ ,�� $�: � $ka�� 9 I"'�'$$9'�`P a 9�„ ,� zr�,' e ��a z �r as�;� S� �3 � E�1� a`` � iVA I MOBILIZATION 1 LS $ 50,000.00 $ 50,000.00 2 WATER POLLUTION CONTROL PLAN 1 LS $ 4,000.00 $ 4,000.00 3 INSTALL AND MAINTAIN CONSTRUCTION 1 LS $ 19,000.00 $ 19,000.00 BMP 4 FURNISH PROJECT TRAFFIC CONTROL 1 LS $ 30,000.00 $ 30,000.00 REMOVE AND DISPOSE OF EXISTING 10' 74 LF $ 575.00 $ 42,550.00 BLOCK WALL 6 REMOVE AND DISPOSE OF EXISTING 74 LF $ 495.00 $ 36,630.00 FOOTING REMOVE AND DISPOSE OF EXISTING 7 3 EA $ 3,000.00 $ 9,000.00 TREES 8 REMOVE AND DISPOSE OF EXISTING 520 SF $ 38.00 $ 19,760.00 SIDEWALK 9 FURNISH AND INSTALL TEMPORARY 1 LS $ 11,000.00 $ 11,000.00 PRIVACY FENCE 10 CONSTRUCT 10' RETAINING &SCREEN 74 LF $ 1,000.00 $ 74,000.00 COMBO WALL 11 CONSTRUCT COMBO WALL FOOTING 74 LF $ 900.00 $ 66,600.00 12 CONSTRUCT 10' HIGH 16"X16"PILASTER 2 EA $ 15,000.00 $ 30,000.00 13 CONSTRUCT PILASTER FOOTING 2 EA $ 7,700.00 $ 15.400.00 14 CONSTRUCT SIDEWALK 540 SF $ 58.00 $ 31,320.00 15 CONSTRUCT BLOCK WALL AND PILASTER 77 LF $ 270.00 $ 20,790.00 BACK DRAIN 16 FURNISH AND INSTALL SHORING PIPE 1 LS $ 63,000.00 $ 63,000.00 PILES 17 EXCAVATE EXISTING BACKFILL 1,210 CF $ 19.00 $ 22,990.00 18 INSTALL NEW SELECT FILL 300 CF $ 50.00 $ 15,000.00 19 REINSTALL NATIVE SOIL BACKFILL 910 CF $ 32.00 $ 29,120.00 20 REMOVE AND DISPOSE OF EXCESS SOIL 300 CF $ 23.00 $ 6,900.00 Total Amount Bid in Figures: $597,060.00 C-2.1 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. Bad Name and Address of State Ctass I IR'P C` Dollar of Item(s,) Subcontractor icense' eg►s ration' mount Co tract ,. 1Vumber _ By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 8/7/24 , at Orange , CA Date City State Hamid Shekaramiz , being first duly sworn, deposes and says that he or she is President/CEO of HZS Engineering Inc Dba HZS Construction 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. HZS Engineering Inc Dba HZS Construction Name of Bidder Signature of Bidder 1403 N. Batavia St Unit 108 , Orange, CA. 92867 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the RETAINING WALL REHABILITATION (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. HZS Engineering Inc Dba HZS Construction Contractor By President/CEO Title August 7 ,2024 Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ®No If the answer is yes, explain the circumstances in the space provided. N/A • Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. HZS Engineering Inc Dba HZS Construction Contractor By President/CEO Title Date: August 7 ,2024 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: HZS Engineering Inc Dba HZS Construction Bidder Name 1403 N. Batavia St Unit 108 , Business Address Orange, CA. 92867 City, State Zip ( (949 415 9556 hshek@hzsengineering.com Telephone Number Email Address 1039476 A, B, C-8 State Contractor's License No. and Class 5/17/18. Original Date Issued 05/31/26 Expiration Date The work site was inspected by Joe Fadden of our office on July 25 ,2022 , The following are persons, firms, and corporations having a principal interest in this proposal: HZS Engineering Inc Dba HZS Construction Hamid Shekaramiz President/CEO 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. HZS Engineering Inc Dba HZS Construction Company Name Signature of Bidder Hamid Shekaramiz Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this day of , 202_ . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of ) County of ) On before me, Month,Day, and Year Insert Name and Title of Notary personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature - Signature of Notary Public (PLACE NOTARY SEAL ABOVE) Nam Jed C-9 , . , . ............. !CAUFORNIA itARAT A notartpublic brother i4tIcer_.tompieting , .. „ tvrduai too,sttned ,. . font thiscerwativaiintsonkthe-Nentittofthoincl-- t , , ... , , .• -.lbedOttinettito*WhAtttettlitcatetattacheri atichtiotthettuthrufnestOtairacti'V"Irddra - - document ''.."7"7 ,.. . . .,. ,. sTATE.OFOOFoRtm. t , . , t. , cbtiftrrof ISMA, I 211,4, , , ., , A.4,,,ip' Subsciittedandswomtotoraffkniedtaeratereotitikthis . .7 , . .. , tow. 4 rwr 11141114.. '"' 4. I\htisNS tt Sit EXAtikT 4Z, ': „Feero:.stiti*EneonthebottoxiVactooitdditngTh— yaiiii..004004‘ OA*a'AP ;41*Aber4o. ,, .mer-.: , ... . , - 4000100440004 . . ::.:_, :..,,z,.-• umi_Arni.,..12t,wettertmetiti:4sz! :: 1 bu I #Ytkeilitatgri$141:6 , ... , •.. . • . Sod ,/, - iqaceNtaolearith0Ve , (1110110i4At ' - • ;;'.- ' ..,,.. .....„.....,,,..,.....•:, ...... 4,0,,,, —........-..00.o.-m.' ,.... ...., ' : di/radio:it' optigna6laitiiitetia.g;thigiajnitirition40,4001tercift OltheitettintintOrfiriithr fent tethf PRittterairimintendOt ountent. ' OestriptiOncifikttachettgotOnt' fing- : VitiectIVP4otpacurnen •.'' '''' ; . , . ' Docuiteriroate , .......,,, fitiniberOPtger. '— ' .4i.. .. - ;.....o........„ , „. ertsjotherVianttemediAtoiteL. - ~ , , 4 . ... - Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of Retaining Wall Rehabilitation Projects. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. City of Los Angeles 200 N. spring Street, Los Angeles, CA 90212 Name and Address of Public Agency Name and Telephone No. of Project Manager: Peter Bilkian (213) 485-4503 $ 804,949.00 Street Work June 2021 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. City of Pico Rivera 6615 Passons Blvd Pico Rivera, CA. 90660 Name and Address of Public Agency Name and Telephone No. of Project Manager: Kenner Guerrero 562-801-4421 $ 108,000.00 Masonry Wall September 2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3 City of Carson 701E. Carson Street, Carson CA. 90745 Name and Address of Public Agency Name and Telephone No. of Project Manager: Victor Lopez-310-830-7600 $ 126,000.00 Access Ladders and Concrete Work June 2024 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: c-io 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. Hamid Shekaramiz Name of proposed Project Manager Telephone No. of proposed Project Manager: (949)415 9556 Sanborne Ave$804,949.00 Street Improvements June 2023 Project Name& Contract Amount Type of Work Date Completed Carson Access Ladder Access Ladders and Concrete June 2024 Project Name.& Contract Amount Type of Work Date Completed Seal Beach Pier Repair Concrete Repairs and Painting of pier July 2024 Project Name & Contract Amount Type of Work Date Completed 2 Joe Fadden Name of proposed Superintendent Telephone No. of proposed Superintendent: 951-226-4040 Carson Truck Weigh Station- 10 Mil. Caltrans Truck Weigh Station August 2023 Project Name& Contract Amount Type of Work Date Completed Bikeway Improvements-7 Mil. Elevated Concrete Bikeway along Channel May 2023 Project Name& Contract Amount Type of Work Date Completed City of Long Beach Seaside Bridge 8 Mil. Pedestrian Bridge Oct 2022 Project Name&Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR). Currently the annual non-refundable registration fee for Contractors is $400. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 https://www.dir.ca.gov/public-works/Public WorksSB 854.html DIR's Contractor Registration Link—Call (844) 522-6734 https://www.dir.ca.gov/public-works/contractor-registration.html DIR's Contractor Registration searchable database: https://cadir.secure.force.com/ContractorSearch I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. HZS Engineering Inc Dba HZS Construction Contractor By hshek@hzsengineering.com Email President/CEO August 7, 2024 Title Date: PWC Registration #: 1000529847 C-12 • 1-413AI• - Alt ® Document A310TM — 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place HZS Engineering,Inc.DBA H Z S Construction of business) 14 N.Batavia St#108 Orange,CA 92867 United Fire&Casualty Company ADDITIONS AND DELETIONS: 03 118 Second Avenue SE The author of this document has Cedar Rapids Iowa 52407 added information needed for its , OWNER: completion.The author may also (Name,legal status and address) have revised the text of the original City.of Huntington Beach AIA standard form.An Additions and 2000 Main Street. Deletions Report that notes added Huntington Beach,CA 92648. • information as well as revisions to the BOND.AMOUNT $ • standard form text is available from Ten percent of amount bid(10%of amount bid) the author and should be reviewed.A vertical line in the left margin of this PROJECT: document indicates where the author (Name, location or address, and Project number, if any) has added necessary information I Retaining Wall Rehabilitation at Bushard St&Gateshead Dr CC No. 1770 and where the author has added to or deleted from the original AIA text. :The Contractor and Surety are.:bound to the Owner in the amount set forth above,for the This document has important legal -payment of which the Contractor and Surety bind themselves,their heirs,executors, consequences.Consultation with an administrators,successors and assigns,jointly and severally,as provided herein.The attorney is encouraged with respect conditions:of this Bond are-such that if the Owner accepts the bid of the Contractor to its completion or modification. within the time specified in the bid documents,or within such time period as may be Any singular reference to Contractor, agreed to by the Owner and Contractor,and the Contractor either(1)enters into a Surety,Owner or other party shall be contract with the Owner in accordance with the terms of such bid,and gives such bond considered plural where applicable. or bonds as may be-specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance>ofsuch Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or.(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for:which the Owner may in good faith contract with another party to perform the work covered by said bid,then this:obligation shall be null and void,otherwise to remain in full force and effect.The Surety waives any notice of an agreement between the Owner and:Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60).days. If this Bond is issued:in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. AIA Document A3IOTM—2010.Copyright©1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document Init. is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it, .l may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:55:14 on 01/10/2013 under Order No.6871475021_1 which expires on 12/27/2013,and is not for resale. User Notes: (1177639241) • • Signed and sealed this 25th day of July,2024. HZS Engineering,Inc.DBA H Z S Construction (Contr for Principal) (Seal) • ( itness) (Title)Hamid Shekaramiz-President United Fire&Casualty Company (Surety) (Seal) see attached acknowledgment (Witness) (Title) Kevin . ee o e ct AIA Document A310114—2010.Copyright 01963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA°Document Init. is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlAe Document,or any portion of it, 2 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:55:14 on 01/10/2013 under Order No.6871475021 1 which expires on 12/27/2013,and is not for resale. User Notes: (1177639241) IFS e..„...._...,, ...,q. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) on July 25, 2024 before me, Jessica Tinoco Garcia, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Kevin P. Reed Name(s)of Signer(s) who proved to me on the basis of satisfactory evideirtAto be the person whose nam-,t:iiis :re subscribed to • the with' 1 h in trument a cknowledged to me t . she/they executed th s e i ir er/their authorized capacity(i ,and t t by is er/their signatur� onthe instrumentthe person ,or the entity upon behalf of which the perso n n ) cte , the e instrumint.rj I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,,f,�,- >y JESSICATINOCOGARCIA } . ..... r �� Notary Public-California z li =.,..:.. , =' Orange County r '�� Commission;2400291 Signature '• My Comm.Expires Apr 10.2026 r Signature of Notary Public Place Notary Seal Above ---------____________------_----- Though this section is optional,completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document • Title or Type of Document Document Date Number of Pages Signer(s)Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ©Corporate Officer—Title(s) ©Corporate Officer—Title(s) ©Partner 0 Limited 0 General 0 Partner 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other 0 Other Signer Is Representing Signer Is Representing ©2014 National NotaryAssociation • www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 • 101 UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surety Department Ufg UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY,LOS ANGELES,CA Cedar Rapids,IA 52401 INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company—See Certification) KNOW ALL PERSONS BY THESE PRESENTS,That United Fire&Casualty Company,a corporation duly organized and existing under the laws of the State of Iowa;United Fire&Indemnity Company,a corporation duly organized and existing under the laws of the State of Texas;and Financial Pacific Insurance Company, a corporation duly organised and existing under the laws of the State of California (herein collectively called the Companies),and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint KEVIN P. REED, JESSICA GARCIA, AARON FOSBURG, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $50,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the 28t h clay of July, 2024 unless sooner revoked by United Fire&Casualty Company, United Fire&Indemnity Company,and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire&Casualty Company,United Fire&Indemnity Company,and Financial Pacific Insurance Company. "Article VI—Surety Bonds and Undertakings" Section 2,Appointment of Attorney-in-Fact."The President or any Vice President,or any other officer of the Companies may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance,bonds,undertakings and other obligatory instruments oflike nature.The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby;such signature and seal,when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact,subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 28t h day of July, 2022 a,y 4!" ��F..l;64?N• UNITED FIRE&CASUALTY COMPANY co,uowvt 4. ,A,conpoRATH`c'' Q �° A'''°F° UNITED FIRE&INDEMNITY COMPANY 57 sE.t �� ; YELL teas b` FINANCIAL PACIFIC INSURANCE COMPANY ck By: State of Iowa,County of Linn,ss: Vice President On 26th day of July, 2022, before me personally came Dennis J. Richmann to me known,who being by me duly sworn,did depose and say;that he resides in Cedar Rapids,State of Iowa;that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument;that he knows the seal of said corporations;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. Judith A.Jones Iowa Notarial Seal Commission number 173041 Notary Public My Commission Expires 4232024 My commission expires:4/23/2024 I,Mary A.Bertsch,Assistant Secretary of United Fire&Casualty Company and Assistant Secretary of United Fire&Indemnity Company,and Assistant Secretary of Financial Pacific Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS,and that the same are correct transcripts thereof,and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect In testimony whereof I;have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 25th day of July ,20 24 . „utt tligq „O,Ilttq, `,pOg1u"�u,,,,, p¢r ' `ovggt o„i, 1NS0 uic 0C+��'s E-74MCOxPOKAIT rI jl r{7�DyI,,`, . -SE ATti >c,=r+_)ULY? _Z I�:O 71�11 / y/��} sEAt s� i° SEAL +'' 2�: uses \T; Assistant Secretary, °''„,,,,,,°S.�`` ''";:4 tn�"`� UF&C&OF&I&FPIC BPOA0045 122017 HZS Ent3fneer 'ir cunol ConV4v-Ac+Man }71 ` ,r7 .c!s�h��f HownlolaKa,tamlZ y r� I40-5 N• LZ«r4owkrt Si-. , LAW& .R.I OS' t n4;��k V ' 424E,1 W $ V k I ee ; , , prom, GA r F i r ^' uG a., to� r� k • p - i ` : 1 ' �t' ?+P �1 f'g yam.t f 4 1z."i1 4 f'�.A, '' L•t!° pTS'49,145;4 t:h� . frrt :3 ##"T` Y ,,e a r s < � 3 ".f ,'f"', r 1A y . ' F, {a J t r^ is. .a vt �. r iitr'.,7 �' `.',rt.l k e YA1.i e: TI } k ' f ' r h a7 Al CcFaYG r ++r�4.�, s i,�'A'.' , `A fi'i• { •r i tk fob • i. r, r •'�:r.`.l $,k� i'^y,wi-4f x'y4 7'6 st .E' fl'A S ; L;ti i `, C4r 4 91; a�'yTt. +;r..,i, ..t'i7, ,. �, 1rf3`•t' ti, CoCf . 5,.,„ niMl l.,,r� tq# r• $ i'w -- 5 r t is fi f i��.HY "! ,�(� a/1�.` � j p 1,��.�"}��J" �t[�a'"�,'S Y5 A{f,'.L��'»T w 1 ; + �1 • I a 4 r "�,�°�' y p�k c 3��'+t;��l aaaib g r yhyy�� }4�x r�f � � 1�+�; Public Works Engineering - Wr stc : s,;4# fw,1 t t`'fi I t, z aN* ;o f`'� , 4'k Cv \ W W .,r 't- :, r3. `"' I-?,?.iit '�',,'4;'' , y ay. ;1.r i^'ta t1 t: t.L , ,0 N�'N�TL/ City of Huntington Beach ig Off.<< ',cn' Fa 2000 Main Street • Huntington Beach, CA 92648 - _-=_ (714) 536-5227 • www.huntingtonbeachca.gov ��92 " -_ - e Office of the City Clerk O01 °0" fig C Robin Estanislau, City Clerk ofirNovember 4, 2024 Asad Holdings LLC dba OrangeBlue General Contractors 27021 Cabot Road Unit 108 Laguna Hills, CA 92653 RE: Retaining Wall Rehabilitation (CC-1770) Enclosed please find your original bid bond for CC No. 1770. Sincerely, 64441; 9"6/141 Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan k �gggs yp ,4 eilhoz., a rr inke, SECTION Cry ' PROPOSAL for the construction of RETAINING WALL REHABILITATION CC No. 1770 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 25 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It'is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, <. fees, etc., and will be guaranteed for a period of sixty days=from the bid opening date.,, If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. c-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid,find Bidder's Bond in the amount of 1 0% which said amount is not less than 10%of the aggregate of the total bid price,as required by the Notice Inviting ELECTRONIC Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for % ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: °Addenda'No.. Date Received.: 'Bidder's Signature C-2 • 40010 ketiIRnirtg d l Rehabit atiart PEtaJEcrlittte uL• ._.... .Ike*; . 0500 on __ ;. Unit Wiiiit o : A JV1a@ILthIEt I$.. A ` < Q t, 1= tt T 1O l t[I TAIt CANS I 11_! $ ...4rR 4 0NraI P}R ECTT AFF tINTt OL R ,ram r $ ', y •: , r g:r_.+t>. K .....nw........,.v... �...,a ...v «....i t 4 .. ,..., ...,14 f tlO ,AN VED DIDii�aF�ii� _ _.' > eta � NM�:.. . REM it+i0I I SE:flfi siG, -; i d 5 M ': ! P `�� ICE` ... � `!� Pc, 1S C"P"'O TAINING S E EE,.N Jim aaN 'Rr1Ct r.FOO 7 ` k 1. if 'NS.TR Gri 0%'I6`PILASTER 2 $ ' . - i BACK A!lr FC11't tISH AND iNSTALLSHORING PIPES LS ! outs 1 ANSTALLNWSEI E`C' :FILi. .,, _..w...__ JQo , :$ y r 49 . REINST ATIIESOIL`BACK L i _ 410,a• t e nwtF% .�.::. ._ .,.y ...su, ,X. •..... �-.. .. 1He uX.tm _ __ ..__ .... �.1, _.40„J RE PWAIWO!I PO, ...4 XCESSS.SOH. . . .. _...', 0 i.n . $ ,, , F :,... `TO2IrAnunBid iiiF ue f ` 2,► � ' F r� , ' ' ,-,-.',J::::::;,,,,,foi ..„:,::: :,,,-;,-. . 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':' "''--:::::ETI',',!.',.'7:.:::.:;;C:..:',,1._:11- __„.,.--,,::_:.........- _- :_..... .N. .--.... . .- „ -.... ,- , ,. .- • . i• ::.5.:.: 1:'::,i,. ,,. ...'.,. •-. :,,,,. „ ;,„:-.--:.,• ..,.' ,.., t#1-..t. ' .,..,:,,,....„.-(,:', ::,, 4,,,,„,q, ', '7•` •! ,,,,',,:.,, 1 r i'::',..:.:: 1:'.::', p,, ,,,,i,,,,,i; .:2:5.411,!'f,.'t.:0.4*,, ',:',:yo;Wi0,,, I:, 1.„,--,!:,-,.::':1 c't,ri "4„ :::::, . ,..--., ', 1 ... „. ,. .. .• . • , ! , .• , ... „.„.,..... .., . . . . . . : .•. . .. ., • , . . , .. . . •• . . ,. . ,•: . , : . ,• •: ., . ,m. •„,.:„. . . . . . . , . . . , .. . . , . .:_.„., ... . . , • .• .• i • , . _. „ .. . *.s.titida-faivertii-*&iatiti.:di‘ltiddoicertdest, . 4,, -Thattiew4b,tototitrointhebaiabge wid,r*ottivihickottatie&.-etedltotte- ...*0...,yftsoconitaptotbst1144, ,In d, 'Ilitatifil .,,ATOOldtvoilti. :11aliithish—eitoopiasgaiiii,:auftonfra6tz4.,:eniAted .anbog : . . ,. .• .„ . 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 08IOhL 24 , at Laguna Hills , CA Date City State Arrnan Tehran! , being first duly sworn, deposes and says that he or she is Managing Member of Mud Holdings LLC QBA C angaBlus Gonad Coalman 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. .Asad Holdings LLC..D, Orange8lue Name of Bidder: Signature o Bidder 27071 Cabot Rd,Suit 108,Laguna Hills CA 92653 Address of Bidder C-a 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 RETAINING WALL REHABILITATION(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. GrangeBlue General' Victors Con { Arne 1 mber By Title Date: 1;404 94 C-S DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 4STNo If the answer is yes,explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Asad Holding ,LLC DBA OrangeBlue Contractor, k Arena naging Member Managing ember Title Date: 08/07/24 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Asad Holdings LLC DBA OrangeBlue General Contractors Bidder Name 27071 Cabot Rd,Su1608 Business Address Laguna Hills CA 92653 City,' State Zip 949- 317- 5700 info@orangeblue.org ( ) Telephone Number Email Address 1074946-04/20/2021 A&B State Contractor's License No. and Class April 4 2021 (B)- Original Date Issued 1 A Expiration Date The work site was inspected by Slamak TehranlAnnan Tehran' of our office on August end ,20 The following are persons, firms,and corporations having a principal interest in this proposal: 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:: ,,Asad Holdings Lk. DBA orangeBlue Company N urdder e Pnn or' lYt ypea signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me thisday of Sw} A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of ` C? �rtJr r` `"` ) County of Vim , _ e- ) t ' t, On / � v5V 2 Z-� before me t�`"' bFn�• J Nd ` . olt#` Month,Day,and Year Insert Name and Title of Notary � personally appeared,; ra>n t, �' Yc�`^:.. 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/hertheir 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. t;r- KIAN JOHN WITNESS my hand and official seal. *��r' ?� Nota,y public_ Orange Coimty Commisslon+f 7490902 = zL' µy Comm.Expires Jun 20,2027 Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of Retaining Wall Rehabilitation Projects. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. City Of Seel Beach-211 Eighth Street Seal Beach,CA 90740-(562)431-2527 Name and Address of Public Agency Name and Telephone No.of Project Manager: Nick Hardin-Anser Advisory 714-457-1340 2,075,000 Site and Building Improvement June 2024 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Included:Traffic.Control.Underground Site Investigation.4000,SQFT Building Demolition.Block walls,Underground conduits and ud7ities, Site Lighting,fencing 2. North Orange Community County College Distinct-Cypress College Name and Address of Public Agency Name and Telephone No. of Project Manager: Anne Acurso I C:(626)255-3300 380,000 ADA Parking and Side Walk Compliance Aug 2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Demolition,Planter Walls,Curb and Gutter,Concrete and Asphalt 3. NOCCC-Saddleback College Name and Address of Public Agency Name and Telephone No. of Project Manager: -OSA Inspector UCM1 . . . .._ Subcontract 150,000 . . Block Walls July 2022 Contract Amount -Type of Work Date Completed Provide additional project description to show similar work: Block Wall on HIII Side C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Siamak Tehrani -MArch Name of proposed Project Manager Telephone No. of proposed Project Manager: 949-541-1141 SB- Tennis Center- $2,075,000 Building and Site Improvement June 30 2024 Project Name &Contract Amount Type of Work Date Completed Fargo Residence-$ 800,00 Site Improvement November2023 Project Name&Contract Amount Type of Work Date Completed Sea Bridge Villa Paving /PCC Paving/ Asphalt October 2023 Project Name&Contract Amount Type of Work Date Completed 2. Arman Tehrani Name of proposed Superintendent 949-3175700 ext 2 or 949-332-0652 Telephone No. of proposed Superintendent:: . .. ._ Green Foliage-City Of Santa Ma$100,000 Site Fencing Improvement April 2023 Project Name& Contract Amount Type of Work Date Completed Packing Lot 1 Barrier Removal-Cypress College 380,000 Parking and Sidewalk ADA August 2023 Project Name &Contract Amount Type of Work Date Completed 2-0 Retaining Wall- Brown Residence H eexcavaU ,."nag° Shak4.Mn,wit cominwlim August 2023 Project Name&Contract Amount Type of Work Date Completed c-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is'$400. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 https://www.dir.ca.govpublic-works/PublicWorksSB854.htm1 DIR's Contractor Registration Link -Call(844)522-6734 https://www.dir.ca.gov/public-works/contractor-registration.html DIR's Contractor Registration searchable database: https://cadir.secure.force.com/'ContractorSearch I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Asad .Holdings LLC DBA OrangeBlue Contractor Arman T= - anaging Member Be arman E6Fiorangeblue.org Email x Managing Member/QS Date: 08/07/2024 Title PWC Registration#: 1000994213 C-12 0 .„ Document A310TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal stafrts and principal place of business) Asad Holdings L..0 DBA QrangeBlue General Contractors The Ohio Casualty Insurance Company This document has important legal 27021 Cabot Road tirnit 108 790 The City Drive South Suite 200 consequences.Consultation with Laguna I tills.CA 92653 Orange,CA 92868 an attorney is encouraged with respect to its completion or modification. OWNER: Any singular reference to (Name, legalstatus and address) Contractor,Surety.Owner or City of Huntington Beach other party shall be considered 2000 Main Street plural where applicable. Huntington.Beach CA 92648 BOND AMOUNT: PROJECT:(Name, location or address,and Project number, if.any) Retaining Walt Rehabilitation at Bushard St&Gateshead Dr CC No.1770 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.'The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents.or within such dine period as may,be agreed to by the Owner and Contractor,and the Contractor either(1)enters'into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for,the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof:or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith,contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bidsecified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for t] W an extension beyond sixty(60)days. 2 If this BondI`sissued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall •,:e be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 1 4�s I- J When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, a 3 any provision in this:'Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and 'jj Q Yprovisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so in furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 4 Signed and sealed this 2nd day of August 2024 Asad Holdings LLC D Y"' gt. feral Contractors rtrtcr (Seal) (Wrur�ss `z � •� � �,a� x (S �etyf � (Wr/ness) v (Title) Kevrn`P Reed. Att y in•Fact # CAUTION:You should sign an original AIA Contract Document,on which this text appears In'.a ED An'oii inal`assureathat changes will not be obscured. a r tl s r ` tz} Init. AIA Document A3101"—2010.Copyright°1963,1970 and 2010 by The American Institute of Arelfit'ects.All rights reserved:WARt1ING�„This AlA'r Document is protected by U.S.Copyright Law and International Treatlea Unauthorized reproduction or distribution of thI,Ale,Documvnt,.or any portion of it.may result in severe civil and criminal penalties.and wilt be prosecuted to the maximum extent possible unduythe law Purchasers are permitted to reproduce ten(10)copies of this document when completed,To report copyright violations of AIA Contract lrieurir "e-matLx The American Institute of Architecns'Iegel counseti copy tl a r'lltIto ;`x Gic.Ei+ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) on August 2, 2024 before me, Jessica Tinoco Garcia, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Kevin P. Reed Name(s)of Signer(s) who proved to me on the basis of satisfactory evi `i to be the person(iwhose am.4.,‘ is/:re subscribed to the within i strums t a9d�acknowledged to at it e�she/they executed the s rte in er/their authorized capacity(i ),an t atby{(ii�/her/their signature )ontheinstrumenttheperson( ,or the entity upon behalf of which the person( )acte ,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. IESSICA TINOCO CAnCIA c- • a `'_ ram: NOW/Public Ca4iforma ' Signature / }r - 1 Orange Gobi r. �,t! V `` K - Commission;2400291 Signature of Notary Public .-& c•-'' My comm.ExpiresAP410.2026, Place Notary Seal Above ---_._..._.. ay ---------------OPTIONAL- - _-_---_-_---------------------_ Though this section'Is optional,completing thinformation can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Document Date Number of Pages Sgner(s)Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer`s Name /- - ••- . ” 1,� ❑Corporate Officer—Title(s) 0 Corporate office r•-=Title(s) ❑Partner El Limited ❑General El Partner ❑Limited ❑General ❑Individual ❑Attorney in Fact ['Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee 0 Guardian or Conservator ❑Other ❑Other Signer Is Representing Signer Is Representing ©2014 National NotaryAssoclation• www NationaiNotavv orp!1-800?USNOTARY(1-800-876-6827)Item#5907 ,` This Power of Attorney limits the acts of those named herein,and they have no authority to bind the,Company except in the manner and to the extent herein stated. r `lii �-. Liberty Liberty Mutual Insurance Company A " Mutual• The Ohio Casualty Insurance Company Certificate No: 6208853-969612 West American Insurance Company SURETY • POWER OF ATTORNEY KNOWN AU.PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New-Hampshire„that Liberty Mutual Insurance Company is a corporation duly orgarrzed under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively caned the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Jessica Garcia.KevinP„Reed;Silvia Ortiz;Sonya Silva;Stanley Tuiton 'a11 of the f�y of Santa°Ana. -- :,�;state of -...- CA ,< ::a cacti ndividualty ifthere beware'tenant named:,i s truewand lawful attanaydn-fad`tormake,„ execute peat,acknowledge and deliver facand chi its behalf as surety andas its actand deem,any and all undertakings,bonds,recognizances and other surety obligations,, 'ill in pursuance these'presents and Shah be as binding; a the Companies as if they have been duly signed by the president and attested by the secretary of the Compares in then own proper p IN WITNESS WHEREOF,zthis Power of Attorney has been subscribed by an authorized officer or official of the Companies and the c aporate seals of the Companies have been affixed thereto this 14th day', October , 2022 . Uberty Mutual Insurance Company tNsugq op INa, P, iNSuR, The Ohio Casually Insurance Company i°a4"oy°m 3°oa1OR,� t 4 49-- 14>t,c,� West Amsncan;InsuranceCompany 4 1912 0 at' 1919 ,, WI 1991 a eh Y ` Y o, O d O K / - a 0 rd0 400'yC A O�Nit 0t D� �r�, JNad� 4. lj0� �'chi c ell Mt/ )3' 44) * )31 By' om m David P(Carey,Assistant Secretary -`a State of PENNSYLVANIA c d 0 County ofMONTGOMERY `; o E ;r Q. ex o= On thus -14th--,;day of October 4,.:.2022 ,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance cc°i o To a) Company;-The Ohio Casualty CampanY„"TWast'Amet�can Insurance Company,"and that he,as such,being authorized so to do,execute the foregaingiinst ,E ument for the purposes•�a a)To> therein contained by signing an behalf of the oorporaAAns by himself as a duty authorized officer. •' a ce c-o IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth fileeting,Pennsylvania,oaths day and year first above written;,, .r re �O O- ��AedwSAF( Coi dpemsnyaia-NouiiSeal e C 4Q4p 4.8 new Paonaa fineryPuEfe ./ G1'rp ,.;61ontgorneey County (/ ��,�/� -� C o.0. • OF My expires Match 28,2025 By: Q,,u a C(rc�V 0 0 c coCommission slumber 1126044 = y., tessrty► were PennrykrMaNmaaaanaMakin y mesaPastella,Notary Public Q O 01 t* 4ras ti) ry m 0 C gill, This Power of Attorney is made and executed pursuant to and by authority of the fallaxbng By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual 3 Orr e�;e Insurance Company,and West American Insurance Company which resolutions are new n mutt force and effect mailing as follows: Met) ARTICLE IV-OFFICERS:Section 12.Power of Attorney. o aq ° Any officer or other official of the Corporation authored for that purpose to writing by the Chairman or the President,and subject to such limitation as the Chairman or the v 32 v President may prescribe,shall appoint such attorneys-in-fact as may be necessaryto act iir behalf of the Corporation to make,execute,seat aduiowledge and deliver as surety a > m any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-m-tad;;subject to the incitation set forth.in their respective powers of attornet shag a}S 1- have full power to bind the Corporation by their signatae and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such s 6z cut instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the m provisions of this article may be revoked at anytime by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ti o. ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in wniti ng by the chairman or the president,and sub)ect to arch Imitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fad,as may be necessary to act in behalf of the Company to make,execute,sad.adcnowbdge and deliver as surety any and all undertakings... bonds,reahgnizancra and other surety obligations.Such attorneys4n-fad subject to the limitations set forth inirrtheir respective powers of attorney,shell have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the sea of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys•eh- fad as may be necessary to act on behalf of the Company to make,execute,seal,ariinawledge and deliver as surety any and all undertudtngs,bonds,reargnizances and other surety obligations. . ;Authorization-By unanimous consent oft the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistantserxetary of the lay wherever appearing upon a certified copy of any power of"attorneyissued the Company by parry yi connection with surety bands,shall be valid and binding upon the Company with 'fie same force and effect as though manually affixed. I,Renee C.Uewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company;Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a hull,bye and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. t+ ,�,, I t t r•t,i r IN TESTIMONY WHEREOF,I have hereunto set my hand an affixed the srAh;a1 aad...ampanies Ks 2nd day of August ;-;;�2024 . �,ittsup ' atY INet ",t€t ViStro4 K 3'oar : " asO cr ,oriel:y� ,i7 ,,o004,, t-, s co 2s1912 -(4 , i s1919 < "';:' 19.91 GI / Circe ,• 2 's- ,�` O B J - ,= d.aaieNu.edL . t 0\ ,,_..9 4eAt 'rp �Nemr:: Jb y:Renee'' t Assistant Se t O d 4/ 2 N ewefiyn, story LMS•12673LMICOCICWAIC Muth Co02121 - ., ''- i '�a,` ' 4: , s 1, .7.. 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 ) -7 26 \-k- Klan John Abedi, Notary Public, On-„AY:V4i-__ -'.._...,_, _ 1.._ before me, (insert name and title of the officer) , .--„ ,-.c, 'A ifklf-A.A.-_ personally appeared ,-2-CitiVa--- ------ 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. rd........................a....abt. , WITNESS my hand and official seal.. ! I -4',irvii-4;,...: NotaKr°IyA tNPaun JbtOeliHc county BalMifo rn,ia t.,..›,,'"' . , 7 „J'/,, ' . •</le..3.1.)- My Comm.Expires Jun 20,2027 Signature ,,',, " - .L' (Seal) MEV AIA Document A310TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and principal Asad Holdings LLC DBA OrangeBlue General place of business) Contractors The Ohio Casualty Insurance Company This document has important legal 27021 Cabot Road Unit 108 790 The City Drive South Suite 200 consequences.Consultation with Laguna Hills,CA 92653 an attorney is encouraged with Orange,CA 92868 respect to its completion or modification. OWNER: Any singular reference to (Name, legal status and address) Contractor,Surety,Owner or City of Huntington Beach other party shall be considered 2000 Main Street plural where applicable. Huntington,Beach CA 92648 BOND AMOUNT: PROJECT: (Name, location or address, and Project number, if any) Retaining Wall Rehabilitation at Bushard St&Gateshead Dr CC No. 1770 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for I-^ acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for f] an extension beyond sixty(60)days. t9 If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. w When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, ILI any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and O Yprovisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 2nd day of August 2024 Asad Holdings LLC DB. u-,G- eral Contractors _ (Principal) ;fp/ (Seal)(Witness) Aar (Title) ,Ainiur/L The Ohio Casualty Insurance Copsoy (Suret)) (Seal) (Witness) d#.ZiI (Title) Kevin P.Reed, Atto •y-in-Fact CAUTION:You should sign an original AIA Contract Document,on which this text appears in kED.An oliginai assures that changes will not be obscured. _ AIA Document A3101"—2010.Copyright®1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AlA® !nit Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AlA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible undar the law. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Docurnrintt,e-mail The American Institute of Architects'legal counsel,copyright©aia.org. °au-ito CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. • State of California ) County of Orange ) ' on August 2, 2024 before me, Jessica Tinoco Garcia, Notary Public Date Here Insert Name and Title of the Officer _ Personally appeared Kevin P. Reed Name(s)of Signer(s) who proved to me on the,basis of satisfactory evid n to be the person whose am 4.•.1 is/:re subscribed to the within i strume a acknowledged to m at I e�'she/they executed the s ne in l' er/their authorized capacity(i ),an t atbr i /her/their signature )on the instrumentthe person( ,or the entity upon behalf of which the person()acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the . State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. "1' JESSICA TINOCO GARCIA c- y�"`-'s Notary Public.California = a 5 Orange County Signature ' Z ; ."" Commission#2400291 Signature of Notary Public r„„c•`' My Comm.Expires Apr 10,2026 Place Notary Seal Above OPTIONAL Though this section is optional,completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s)Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name 0 Corporate Officer—Title(s) 0 Corporate Officer—Title(s) 0 Partner 0 Limited 0 General 0 Partner 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other 0 Other Signer Is Representing Signer Is Representing ©2014 National NotaryAssociation • www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 • ... _.• This Power of Attorney limits the acts of those named herein,and they have no authority to r� bind the Company except in the manner and to the extent herein stated. ‘ iik *. Liberty Liberty Mutual Insurance Company PMutual. The Ohio Casualty Insurance Company Certificate No: B208B53-969612 West American Insurance Company • SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint Jessica Garcia;Kevin P.Reed;Silvia Ortiz;Sonya Silva;Stanley Tutton all of the city of Santa Ana state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be,as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 14th day of October , 2022 . Liberty Mutual Insurance Company v%NsUR `(Y INSU�Q, a%Nstl,4 The Ohio Casualty Insurance Company - �JPGioc'airtiy.6 SJPaoNPo�r L �GPoo mii,„yp West American Insurance Company �� No to *r b o sr 4. o to 1912 0 0 1919 0 2 1991 0 //! rri N d�yaaACNoSe L so 2%NAraPS��3, Y � ,•.. L G�� . U t� �' By: m ��i * * Hl * so'M * David M.Carey,Assistant Secretary c Ta `m State of PENNSYLVANIA • 2 rn County of MONTGOMERY SS g E .v m On this 14th day of October , 2022 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o co Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes 7-= ID, > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. >g ar m IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. 0 c•N aO co N 5p PASp .-._ O L. 4 NONw F� Commonweabh of Pennsylvania-Notary Seal ? — 4Q el Y,A f Teresa Pestella,Notary Public ///I ®�� C•co am+ c, ,s 9 Montgomery County �;�A2��. / E E p w OF My commission expires March 28,2025 By: /!!(( 0 0 = t6 e• Commission number 1126044 �` eresa Pastella,Notary Public _ VP �G Member,Pennsylvania ASsocia6on or Notaries Q OO to• w ...CON C)N cn a? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual a N E•E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: en ARTICLE IV—OFFICERS:Section 12.Power of Attorney. o m `o 0 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the c,-- I? t President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety ro= o aci any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall-o o have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o 0 z 0 . instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the c d provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. U— Q, ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,_ bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. , IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed tits seal„.of said Companies this 2nd day of August , 2024 . V tusu „.ZY oa INSVp a WS/�P opP ,l'z yr pon,� `7y `P epoa, go t I'vo, to3 i • r4� m , o R %1.9:)120 a :1�3) ' w 1991 0C,ji / alS SO� ✓ gY ••S �NDIANl' da Renee C.Llewellyn,Assist ant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 • 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 1ki°N 5. ( 2 `.' ' before me, Kian John Abedi, Notary Public, (insert name and title of the officer) personally appeared Arkla who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myhand and official seal. KIANJONNABEDI ,.� :,L Notary Public-California �- -�`" Orange County ' Commission 82450902 c,L,:oo My Comm.Expires Jun 20,2027 Signature (Seal) V 0 0 . 4 iv I o� 0 90 0 r x f'@ 1 i D g - P o fir • 3 3 o , o r ,. 6y'06dsma City of .-luntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 - ---- (714) 536-5227 • www.huntingtonbeachca.gov � a _ Q� �c0�� Office of the City Clerk pUfoi�P �� Robin Estanislau, City Clerk November 4, 2024 Oppenheimer National 31878 Del Obispo Street San Juan Capistrano, CA 92675 RE: Retaining Wall Rehabilitation (CC-1770) Enclosed please find your original bid bond for CC No. 1770. Sincerely, 9"6714110-14)4) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan 6;*,,,r1/1"--ande-ifq../ SECTION C PROPOSAL for the construction of RETAINING WALL REHABILITATION CC No. 1770 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 25 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. c-i If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid,find 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: N/A A`dcleitdu,lV 13ate Receiveit ., n ladder'ralkitaiki ...... C-2 CC1770 Retaining Wall Rehabilitation PROJECT BID SCHEDULE L314� fi 43 � sss^ � xzx� xr'q � 3' �� No. q : �',_' a isr j t"rak, fs t t a1 t volt woOrtOgagi lowwooticow 1 MOBILIZATION 1 LS $25100.00 $25100.00 2 WATER POLLUTION CONTROL PLAN 1 LS $12100.00 $12100.00 3 INSTALL AND MAINTAIN CONSTRUCTION 1 LS $10600.00 $10600.00 BMP 4 FURNISH PROJECT TRAFFIC CONTROL 1 LS $25100.00 $25100.00 5 REMOVE AND DISPOSE OF EXISTING 10' 74 LF $231.08 $17100.00 BLOCK WALL 6 REMOVE AND DISPOSE OF EXISTING 74 LF $163.51 $12100.00 FOOTING REMOVE AND DISPOSE OF EXISTING 7 3 EA $2866.67 $8600.00 TREES 8 REMOVE AND DISPOSE OF EXISTING 520 SF $16.54 $8600.00 SIDEWALK 9 FURNISH AND INSTALL TEMPORARY 1 LS $,9100.00 $9100.00 PRIVACY FENCE 10 CONSTRUCT 10' RETAINING &SCREEN 74 LF $812.27 $60108.00 COMBO WALL 11 CONSTRUCT COMBO WALL FOOTING 74 LF $406.76 $30100.00 12 CONSTRUCT 10' HIGH 16"X16"PILASTER 2 EA $6550.00 $13100.00 13 CONSTRUCT PILASTER FOOTING 2 EA $5050.00 $10100.00 14 CONSTRUCT SIDEWALK 540 SF $34.44 $18,600.00 15 CONSTRUCT BLOCK WALL AND PILASTER 77 LF $131.17 $10100.00 BACK DRAIN 16 FURNISH AND INSTALL SHORING PIPE 1 LS $15100.00 $15100.00 PILES 17 EXCAVATE EXISTING BACKFILL 1,210 CF $10.00 $12100.00 18 INSTALL NEW SELECT FILL 300 CF $30.33 $9100.00 19 REINSTALL NATIVE SOIL BACKFILL 910 CF $13.30 $12100.00 20 REMOVE AND DISPOSE OF EXCESS SOIL 300 CF $33.67 $10100.00 Total Amount Bid in Figures: $ 329,008.00 C-2.1 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 `l a ne andAddress of tat DIR P C Dollar %of kpA:y r � e4rrl � ito �',..r • By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 08-08-24, at san juan capistrano , CA Date City State Tee Teymoorian , being first duly sworn, deposes and says that he or she is Vice President of Oppenheimer National 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. Oppenheimer National Name of Bidder Tee Teymoorian-Vice President Signature of Bidder 31878 Del Obispo ste 118510 San Juan capo CA 92675 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the RETAINING WALL REHABILITATION (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. ' Oppenheimer National Contractor Tee Teymoorian By Vice President Title Date: 08-08-2024 C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ®No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Oppenheimer National Contractor Tee Teymoorian By Vice President Title Date: 08-08-2024 C-7 t .DEW . INFoRm,, ATJOl f BIDDE t.certaltxes that the:teltOMArig InitOrtriatint.la tree and correct Apper heliner National 0.ic der Xatne 11911 Dei Qbispo ,ste 1 4t 3usirtess Adder San art Capistrano 9265 :it t State ,( .94 )ae,4-2640 hictig0,14matwn Telephone Ne m xer Email Address 1095956 R&E State Eon actor's;Lroense No,:old Class aat3t22 Orghlat Date Issued DWI/2024 EVir74.0011:Date 'The Work site was:inspected by Tee reYmddd3rt of our office on AU9Mst 7th O The kilOwingore persons,firms,and corporadomhavittg a pnn0ipa i W0=4 n tas p p sak Rusteen(-wilted > Abtin;Teymoonan*COO Teertio TeYrriebriattViOe President Anton Fard nassemi-CFo Shayart eyrr►oorian Secretary, e tindersiigt: is prepared to satisfy,the fOt veil ofthe Cif of ft znnngton Beach of its albiYYtg financially or.otherwise tO perfc n. the fact for the proposed wo and i.tnpr ements tn- :a or'd a*it'd*plans and.specifications set forth., OPPentleltner Natranat Cd att :Nam ignature o i • il'i d or Typed tgnat re cAt _ . NOTARY CEATIVWATE . , . .. , stibstribed: ..anctsvatritto.be, foritm—this :- ,. da. yet ' titiak.H,,.4141 ,.,- A.notary public 0-0ther office completing this;vettfOcae'vtrifiet only the Identity dthe .--, individnal. .00 signed the dectithentt to *Wh, this, ;0.004 ',Is attached, 00 not the I: tnithfitArt. e4.4 ...4`c graq080#44 attlat 40.04fttenti . ; . . Ga crori , . 0.4. ber, A 4nth0‘Y and Year lA.sce„.rt,Name 404141A10;9fN btatY to :- " . , , 8 persfatt_allylappeared. N4r 17—t:', 4 e .43-1y1-00-111 ,, . . vitn'prnytd to me on the basis a satteloy evidence,0 he the fepett(**htst Vogi0(s)Wargi subscribed to the Withig:instrument and„oninieneeagtd It me that helshelthey executed the same in listitetitheiF anthotiiedcapaeity(Ie ),andthathy Wheethekstonahtew,eh.thent:the Pe430004'ort#votics'4041/cW0t*Wit 0000*led he,exeented t instrument _ ... •._ - I.e er* '':„*.der PS.N.,417...: OF,PERIPXY undet the lays,er the_state,d,,Wreinia.that,the : sfottgthig paregraiikis true,atta mato, VAINESS-my hand and official 44, ,04-,. AtVIEt titirMidAft Notarylublic,Catiforru4 1*cill* . t I ,,,.. _ _._ . - . s i ' ‘.4,--, ,144sCoascr,.£41tres Mat,)q,zoa i . _ , , .. . . Signature S igtiatUtt 6 f NO ta tY PUNIC' '(PL ACE NOTARY SEAL/MOVE), , . . . . , , .. . , ... .. . ,, ,,- 04 • . Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of Retaining Wall Rehabilitation Projects. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. Laguna Hills 25555 Alicia Parway Laguna Hills Ca 92653 Name and Address of Public Agency Name and Telephone No. of Project Manager: Joe Ames 949-707-2655 255,000.00 Park Improvements Dec 2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Park Improvements, Build and Erect block Walls with tile finish,footing, Rebar, Site work 2. City of Chino Hills 14000 city center Dr Chino Hills Ca 91709 Name and Address of Public Agency Name and Telephone No. of Project Manager: Luther Martin 909-364-2849 96,750.00 Side walk repair, Concrete, Site work, Dec 2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Demo and Replace Side walk/Concrete/Clear roots/Site work 3. City of Fullerton 303 W Commonwealth Ave Fullerton CA 92832 Name and Address of Public Agency Name and Telephone No. of Project Manager: Joseph Hernandez 714-773-0049 $265,000.00 Concrete and sitework Dec 2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Park and complex Improvements grading, Demo, cocnrete slabs, Footings, Rebar, Fixture installations C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Tim Teymoorian Name of proposed Project Manager Telephone No. of proposed Project Manager: 949-264-2640 Park and complex Acacia Park $265,000.00 Improvements Dec2023 Project Name & Contract Amount Type of Work Date Completed English Springs R&R 96,750.00 Concrete,walkway, parking lot Dec 2023 Project Name & Contract Amount Type of Work Date Completed Park and complex Dec 2023 Laguna Hills Sports Complex 255,000.00 Improvements Project Name & Contract Amount Type of Work Date Completed 2. Same Name of proposed Superintendent Telephone No. of proposed Superintendent: Same as Project Manager Same as Project Manager Project Name & Contract Amount Type of Work Date Completed Same as Project Manager Project Name &Contract Amount Type of Work Date Completed • Same as Project Manager Project Name & Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR). Currently the annual non-refundable registration fee for Contractors is $400. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 https://www.dir.ca.gov/public-works/PublicWorksSB 854.html DIR's Contractor Registration Link—Call (844) 522-6734 https://www.dir.ca.gov/public-works/contractor-registration.html DIR's Contractor Registration searchable database: https://cadir.secure.force.com/ContractorSearch I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently . registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Oppenheimer National Contractor Tee Teymoorian "°..c..-- By bid@oppnat.com Email Vice President Title Date: 08-08-2024 PWC Registration #: 1000975733 C-12 Bid Bond No N/A itli =rr i Document A310' - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Oppenheimer National United Surety Insurance Company 31878 Del Obispo Street 233 Needham Street,Suite 440 San Juan Capistrano,CA 92675 Newton,MA 02464 This document has important OWNER: legal consequences. (Name. leaal status and address) Consultation with an attorney City of Huntington Beach is encouraged with respect to 2000 Main Street its completion or modification. Huntington Beach,CA 92648 Any singular reference to BOND AMOUNT:Ten Percent(10%)of the Total Bid Amount Contractor,Surety,Owner or other party shall be considered PROJECT: plural where applicable. (Name, location or address, and Project number, if any) Retaining Wall Rehabilitation Huntington Beach, CA The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid:Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor s bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and Init. AIA Document A310"-a0 t o.Copyright B 1963,1970 and 2010 by The American Institute of Architects.All rights reserved.The'American Institute of Architects,"AIA,'the AIA Logo,and'AIA Contract Documents are registorad trademarks and may not be used without permission. 1 provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 8th day of August , 2024 Oppenheimer National (Contractor as - (Seal) (Witness) (Title) United Surety Insurancceompany (Surer ;7, y (Seal) (Witness) (Title) a ry J. Mefferd,Attorney-in-Fact wtttl i iii/� INSUR4,,.\\(4k. A'o,' .\ J F . . = ;- GORPORAr ,n =O • SE ...0: ' a f'Iiiiiittttt�\ • • 1°`iENOthPUbH PJ KEN( c-1 1 °' j_� Orange Col • r' yrp I+ Commission#. �' °."' My Comm.Expires i Notary Certificate Attached Init. AIA Document A310"-2D 10.Copyright©1963,1970 and 2010 by The American Institute of Architects.Al!rights reserved.The"American Institute of Architects,"'AIA,"the AIA Logo,and"AIA Contract Documents"are registered Trademarks and may not be used without permission. 2 i • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 ie r^4^411 cr ir.ANre-r c ear sr r xfglxkr424,-.r a cecer.•r�icc c r e4e• r-r, ,e=r, xrcraX,,isi 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 • Ud'� ) on y, �a `� before me, PJ Kehoe, Notary Public Date Here Insert Name and Title of the Officer Personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrumentthe person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. �.1� PJ KENOE WITNESS my hand and official seal. Notary Public-California Orange County 1_►'�` Commission#2410788 "` " My Comm. Expires Aug 12,2026 Signature '19 • Signature of Notary Public Place Notary Seal Above OPTIONAL 2026 Though this section is optional,completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document I -& -- &IX ' Document Date Number of Pages Signer(s)Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name 0 Corporate Officer—Title(s) ❑Corporate Officer—Title(s) ❑Partner ©Limited ❑General ❑Partner ❑Limited ®General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee 0 Guardian or Conservator ❑Other ®Other Signer Is Representing Signer Is Representing @2014 National NotaryAssociation • www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 EllUNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company POWER OF ATTORNEY 172437 KNOW ALL MEN BY THESE PRESENTS:That United Casualty and Surety Insurance Company,a corporation of the State of Nebraska,and US Casualty and Surety Insurance Company and United Surety Insurance Company,assumed names of United Casualty and Surety Insurance Company(collectively,the Companies),do by these presents make,constitute and appoint: Zachary J.Mefferd,Zachary M.Matter,Havilah S.Watson,Tina M.Bockholt,Shannon L Cox,Kamri Wolfe,Jimmy L.Brown its true and lawful Attorneys)-in-Fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred In Its name, place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to Include riders,amendments,and consents of surety,providing the bond penalty does not exceed One Million&00/100 Dollars ( $1,000,000.00 ). This Power of Attorney shall expire without further action on December 31",2025. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called and held on the 1"day of July,1993: Resolved that the President,Treasurer,or Secretary be and they are hereby authorized and empowered to appoint Attomeys-in-Fact of the Company,in its name and as its acts to execute and acknowledge for and on Its behalf as Surety any and all bonds,recognizances,contracts of Indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company In their own proper persons. That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond,undertaking,recognizance or other written obligation In the nature thereof;such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed,this 17th day of July,2024 UNITED CASUALTY AND SURETY INSURANCE COMPANY °;SvxEr}'�,' oS�MTY hp-,. „ .t u asR Vic, US Casualty and Surety Insurance Company �_ ,� :_ <'��o^^•. ym. '"�a�'°_�e'o= United Surety Insurance Company y -W . o. SEAL :`"' ii'''+ SEAL `r, - SEAL /aE �� y` i2 'De %;o1;:. :'to =;.r`:. :t'o g�`• :Tom' 12. 444 "^,t R.Kyle Fowler,Treasurer Corporate Seals Commonwealth of Massachusetts County of Suffolk ss: On this 17th day of July,2024 ,before me,Colleen A.Cochrane,a notary public,personally appeared,R.Kyle Fowler,Treasurer of United Casualty and Surety Insurance Company,US Casualty and Surety Insurance Company and United Surety Insurance Company,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct. WITNESS my hand and seal. . 4__a t , JL� �,, (Seal) ' 9 Notary Pu60c,Comma Of 2lls Notary Public Commission Expires:1 7/2028 My Commission Expires 1027/2028 I,Robert F.Thomas,President of United Casualty and Surety Insurance Company,US Casualty and Surety Insurance Company and United Surety Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect; furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Boston,Massachusetts this day of "PINk5\5+ -2—o -2-1 . Corporate Seals ,..ter ,,.`„" : ,,*- PY 7• .4441"" kS SEAL' _ SYAI• g;- Gy SEAL • - Robert F.Thomas,President TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL CONFIRMBOND@UNITEDCASUALTY.COM Sig \ bz- , sa- sa-t-- 1189. a',,. cKe- ,2-(�s Dff l3 D SEGU1e. 17_ Do o i p .A.r A. ��'• City of Huntington Beach �� 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov -_~,moo=$ `„o o sv. 4 Office of the City Clerk 'cc ��NTY Robin Estanislau, City Clerk November 4, 2024 US Builders and Consultants, Inc. 126 Desert Lotus Irvine, CA 92618 RE: Retaining Wall Rehabilitation (CC-1770) Enclosed please find your original bid bond for CC No. 1770. Sincerely, AWL, 9,6714414,441) Robin'Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan le-4 SECTION C PROPOSAL • for the construction of RETAINING WALL REHABILITATION CC No. 1770 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 25 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 Bid Bond in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting ELECTRONIC Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here,if any: Addenda No. Date Received Bidder's Signature N/A C-2 CC1770 Retaining Wall Rehabilitation PROJECT BID SCHEDULE Bid Contract Unit' Extended No. Description Quantity Unit Price Amount 1 MOBILIZATION 1 LS $ 10.727 $ 10,727 2 WATER POLLUTION CONTROL PLAN 1 LS $4,290 $ 4,290 3 NnSPTALL AND MAINTAIN CONSTRUCTION 1 LS $4,290 $ 4,290 4 FURNISH PROJECT TRAFFIC CONTROL 1 LS $ 290 $ 4,290 5 REMOVE AND DISPOSE OF EXISTING 10' 74 LF $ 80 $ 5,920 BLOCK WALL 6 REMOVE AND DISPOSE OF EXISTING 74 LF $ 13.5 $ 999 FOOTING REMOVE AND DISPOSE OF EXISTING 3 EA $ 431 $ 1,293 TREES 8 REMOVE AND DISPOSE OF EXISTING 520 SF $ 9.25 $ 4,810 SIDEWALK 9 FURNISH AND INSTALL TEMPORARY 1 LS $ 4,290 $ 4,290 PRIVACY FENCE 10 CONSTRUCT 10' RETAINING &SCREEN 74 LF $ 528 $ 39,072 COMBO WALL 11 CONSTRUCT COMBO WALL FOOTING 74 LF $ 320 $ 23,680 12 CONSTRUCT 10' HIGH 16"X16" PILASTER 2 EA $ 1,292 $ 2,584 13 CONSTRUCT PILASTER FOOTING 2 EA $ 1,390 $ 2,780 14 CONSTRUCT SIDEWALK 540 SF $ 37,5 $ 20.250 15 CONSTRUCT BLOCK WALL AND PILASTER 77 LF $ 17.75 $ 1,366.75 BACK DRAIN 16 FURNISH AND INSTALL SHORING PIPE 1 LS $ 10,726.25 $ 10,726.25 PILES 17 EXCAVATE EXISTING BACKFILL 1,210 CF $ 8.50 $ 10,285 18 INSTALL NEW SELECT FILL 300 CF $ 6.25 $ 1,875 19 REINSTALL NATIVE SOIL BACKFILL 910 CF $ 4.5 $ 4,095 20 REMOVE AND DISPOSE OF EXCESS SOIL 300 CF $ 118 $ 35,400 Total Amount Bid in Figures: $ 193,023 One hundred ninety three thousand and twenty three dollars C-2.1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar %of Item(s) Subcontractor License Registration# Amount Contract Number None By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 08/07/2024, at Irvine ,California Date City State Tamer Awad , being first duly sworn, deposes and says that he or she is Vice President of US Builders & Consultants 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. US Builders & Consultants Inc Name of Bidder gnature of Bidder 126 Desert Lotus, Irvine, CA 92618 Address of Bidder . C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA r« Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the RETAINING WALL REHABILITATION(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. Tamer Awad 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, r' and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. US Builders & Consultants Inc Contractor Tamer Awed By, Vice President Title Date: 08/07/2024 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete,under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified,removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? CI Yes 0No If the answer is yes,explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. US Builders & Consultants Inc Contractor Tamer Awad By Vice President Title Date: 08/07/2024 1+ C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: US Builders and Consultants Inc Bidder Name 126 Desert Lotus, Irvine, CA 92618 Business Address Irvine, CA 92618 City, State Zip ( 714 ) 317 - 8402 tamer@us-builders.com Telephone Number Email Address 1067739 Type A&B State Contractor's License No. and Class 12/18/2020 K. Original Date Issued 12/31/2024 Expiration Date The work site was inspected by Tamer Awad of our office on 08/07/2024 , 2024. The following are persons,firms, and corporations having a principal interest in this proposal: Mohamed Almallah President Tamer awad Vice President The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 4 US Builders and Consultants Inc. Company Name Signature of ' er Tamer Awad Printed or Typed Signature C-8 NOTARY CERTIFICATE • Subscribed and sworn to before me this_day of , 202_. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. f State of California ) County of Orange ) On 67 le I 9-0 ' —Lk r2—Lk before me, 1Y tr., rv�� e_ir— Month, Day, and Year Insert Name and Title of Notary personally appeared CGl Vvk EC (N,-`"-/ a- A Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TERRY CORMIEk. c, COMM. #24564C o :` 3s . Notary Public•Cali or z`." ';� Orange County . !<. M Comm.Expires Au..1. Signature \ ,........v.,,--N---- o �'Y Signature f`Y of Public (PLACE NOTARY SEAL ABOVE) g TERRY CORMIER s �� COMM. #2456406 a `�= Notary Public•California p cc .. F,. 4 Orange County 44:«,,, Comm.Ex pires Aug.1,2027 C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of Retaining Wall Rehabilitation Projects. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. City of Orange Name and Address of Public Agency Name and Telephone No. of Project Manager: Tuan Cao (714) 288-2492 $528,000 Bin Storage Structure 04/25/2024 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Reinforced concrete. Installation of Industrial Mater Shade Structure 2. City of San Bernarido Name and Address of Public Agency Name and Telephone No.of Project Manager: Ziad Mazboudi, (626) 532-2028 $819,983 Interior & Exterior Renovations 04/25/23 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Stuco, Concrete. Tiles and Renovations 3. City Of Laguna Woods, 4264 El Toro Road, Laguna Woods, CA 92637 Name and Address of Public Agency Name and Telephone No. of Project Manager: ABaumgarten, (949) 639-568 $113,400 Finishing Work & Renovations 01/15/2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Concrete, Asphalt, Utilities C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Mohamed Almallah Name of proposed Project Manager Telephone No. of proposed Project Manager: (949) 501-3885 City Hall Refurbishment & Safety Project $113.400 Renovations 01/15/2023 Project Name &Contract Amount Type of Work Date Completed Project no 13476-ADA restroom renovationsat Paul Villasenor Library and Howard Rowe Library $819,983 Renovations 04/25/2023 Project Name&Contract Amount Type of Work Date Completed CN 99811.7 Informal Bid 22-011 Building 0-1 -Room 203 Modernization Project $157,000 Renovations 10/15/2022 Project Name &Contract Amount Type of Work Date Completed 2. Tamer Awad Name of proposed Superintendent Telephone No. of proposed Superintendent: (714) 317 - 8402 City Hall Refurbishment and Safety Project: 01/15/2023 Phase 3 $113,400 Renovations Project Name&Contract Amount Type of Work Date Completed Project no 13476-ADA restroom renovationsat Paul Villasenor Library and Howard Rowe Library $819,983 Renovations 04/25/2023 Project Name &Contract Amount Type of Work Date Completed • CN 99811.7 Informal Bid 22-011 Building 0-1 -Room 203 Modernization Project Renovations 10/15/2022 Project Name&Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is $400. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 https://www.dir.ca.gov/public-works/PublicWorksSB854.html DIR's Contractor Registration Link—Call (844) 522-6734 https://www.dir.ca.gov/public-works/contractor-registration.html DIR's Contractor Registration searchable database: https://cadir.secure.force.com/ContractorSearch I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code,or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. US Builders and Consultants Inc. Contractor Tamer Awed. By tamer@us-builders.com Email US Builders and Consultants Inc. Vice President Title Date: 02/29/2024 PWC Registration#: 1000756487 C-12 BID BOND(SECURITY) (Note:If Bidder is providing a bid bond as its bid security, Bidder must use this form,NOT a surety company form.) The undersigned, U.S.Builders&Consultants,Inc. as Principal("Principal"); and Merchants Bonding Company(Mutual) as Surety ("Surety"; a corporation organized and existing under and by virtue of the laws of the State of Iowa and authorized to do business as a surety in the State of California)are held and firmly bound unto the City of Huntington Beach-Dept.of Public Works,as Obligee,in the sum of$ 10%of the Total Amount Bid Dollars,lawful money of the United States,for the payment to the District will and truly to be made pursuant to the provisions herein. Principal and Surety each of us,bind ourselves,our heirs,executors,administrators, successors,and assigns,jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted a bid to the City for all Work specifically described in the accompanying bid and if the City awards the contract to the Principal and, within the time and manner required under the Contract Documents, after the prescribed forms are presented to Principal for signature,the Principal enters into a written contract, in the prescribed form in accordance with the bid, and files two bonds (one guaranteeing faithful performance and the other guaranteeing payment for labor and materials as required by law),and meets all other conditions to the contract between the Principal and the Obligee becoming effective, or if the Principal shall fully reimburse and save harmless the Obligee from any damage sustained by the Obligee through failure of the Principal to enter into the written contract and to file the required performance and labor and material bonds,and to meet all other conditions to the Contract between the Principal and the Obligee becoming effective, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect and the Surety shall immediately issue full payment of the sum stated above to the Obligee upon notification from the Obligee that the Principal has not taken all steps to nullify or void this obligation. Surety agrees that no change, extension of time,alteration or addition to the terms of the call for bids, or to the work to be performed thereunder,or the specifications accompanying the same,shall in any way affect its obligation t, under this bond,and It does hereby waive notice of any such change,extension of time,alteration or addition to the call for bids,or to the work,or to the specifications. In the event suit is brought upon this bond by the Obligee and judgment is recovered,the Surety shall pay all costs incurred by the Obligee in that suit,including a reasonable attorneys'fee to be fixed by the Court. If the City awards the bid,the security of unsuccessful bidder(s)shall be returned within sixty(60) days from the time the award is made. Unless otherwise required by law, no bidder may withdraw its bid for ninety(90) days after the date of the bid opening. IN WITNESS WHEREOF,this instrument has been duty executed by the Principal and Surety above named,on August 7th. ,20 24 U.S.Builders&Consultants. Inc. Principal By Merchants Bonding Company(Mutual) Surety Retaining Wall Rehabilitation at Bushard St.&Gateshead Dr..CC No.1770 04/ •. •A :_• •v . 1933 • Z an a Hernandez,Attorney-in-Fact • .d�. :•aQ~ By Y Y Y-. .f$'. :\. ••..•r•.• Performance Bonding Surety&Insurance Brokerage Name of California Agent of Surety 15901 Red Hill Avenue,Suite 100 Tustin,California 92780 Address of California Agent of Surety (714)505-7011 Telephone Number of California Agent of Surety Bidder must attach Power of Attorney and Certificate of Authority for Surety and a Notarial Acknowledgment for all Surety's signatures. The California Department of Insurance must authorize the Surety to be an admitted Surety Insurer. END OF DOCUMENT , Retaining Wall Rehabilitation at Bushard St &Gateshead Or,,CC No.1770 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 AUG 0 7 202�i , before me, Christina Rogers , Notary Public, personally appeared Zyanya Hernandez 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 State of California that the foregoing paragraph is true and correct. •'�:''�, CHRtmNA ROC#RS Notary Public•California WITNESS my hand and official seal. Orange County ;f Commission#2463205 — "° My Comm.Expires Sep 14,2027 rn SIGNATURt� PLACE NOTARY SEAL ABOVF. 1� ^ 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 this form to another document. Descri tion of attached document Title or type of o etL Document Date: Number of Pages: Signer(s)Other than Named Above: CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT WaMFOLxfMK.xOmCOGUF1MaNOWLIDWF,MMOVM1FOLUFMKWowIFD.011.1xOWIEDG.KWOm104Mt,x..(xxOwIFOLM[MKWP'hFDWnMTACWOMMLIMACMOWIEC.ENTA WUwiFWnFMAMOWLF041.10MCWOWIECKAWFACO WIEOWtxIAMOWIEDLu1MMcxwMEOCMFxfxC.xOwllof INUC.xOwIFOW.P..0wltO41MIT aq 3 A notary public or other officer completing this certificate verifies only the identity of § the individual who signed the document to which this certificate is attached,and not 5 1 the truthfulness,accuracy,or validity of that document. 9 1 R State of California ) i Y County of O try ) 3 1 On 8 / s / 2 l-"\ before me, --1—c-`1- r ) Cd V- t e'er` 1 1 (here insert name and title of the officer) § personally appeared �_0•vt" (\---1/4-, c - k I . y i 1 1 who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to R ) the within instrument and acknowledged to me that he/she/they executed the same in his/her/their t authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity # 1 upon behalf of which the person(s)acted,executed the instrument. 1 a I certify under PENALTY OF PERJURY under the laws of the 1 State of California that the foregoing paragraph is true and correct. ...L TERRY CORNIER a ;'ir; kc COMM. #2456406 z & 0`" Notary Public•California c 9 3 WITNESS myhand and official seal. Z ,! M Comm.Ex Tres Auty 1,2027+ 2 s <\—: Signature (Seal) i ( § yW n•J03CxOxUrlx3w'AltMOxrlrLi3WO03wOMJVIMw9alwomUrlMw9o3Nwxnrtx3mla3woxDWx3wA3w9xpru,3mA3vnOxUr1x3w9a3uwxvJgxinxluloxnrix3rvO03uW xUruAWOa3LxoxUrix3 WOOlwoxrinMwD03 VnoxUrix3n703w.OMJrIx3mJOltMWUJr1MWOOJvwMJviMwO03UwxOWxiw003 Wiwa>ru,3n'J03w.OxUv� Optional Information Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized docum nt and may prove useful to persons relying on the attached document. Description of Attach Document '. iAdditionaI Informafion . The preceding Certificate of Ackn edgment is attached to a document Method of Signer Identification titled/for the purpose of Proved to me on the basis of satisfactory evidence: 0 form(s)of identification 0 credible witness(es) Notarial event is detailed in notary journal on: containing pages,and dated Page# Entry# • The signer(s)capacity or authority is/are as: Notary contact: ❑ Individual(s) Other ❑ Attorney-in-Fact Additional Signer(s) ❑ signer(s)Thumbprint(s) ❑ Corporate Officer(s) Title(s) ❑ ❑ Guardian/Conservator ❑ Partner-Limited/General ❑Trustee(s) ❑ Other: representing: Name(s)of Person(s)or Entity(ies)Signer is Representing • 0 Copyright 2007-2021.Notary Rotary,PO Box 41400,Des Moines,IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. MERCHANTS ' • BONDING COMPANY.. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the 'Companies')do hereby make,constitute and appoint,individually, Albert Metendez;Christina Rogers;Erik Johansson;FM Archerd Jr;Jennifer Anaya;Joaquin Perez;Jonathan Bath;Martha Barreras;Mary Martha Langley;Melissa Lopez;Vanessa Ramirez;Yu Cheng Chiang;Zyanya Hernandez their true and lawful Attomey(s)-in-Fact, to sign its name as surety(fes)and to execute, seal and acknowledge any and all bonds_ undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of . Directors of Merchants Bonding Company(Mutual)on April 23,2011 and amended August 14,2015 and April 27,2024 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015 and amended on April 27,2024. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-In-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.' `The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed In connection with obligations in favor of the Florida Department of Transportation only,It is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the Slate of Florida Department of Transportation making payment of the final estimate to the Contractor andlor its assignee, shall not relieve this surety company of any of its obligations under its bond. - In connection with obligations in favor of the Kentucky Department of Highways only.It is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation, In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 2nd day of August •2024 . ,...••""•••.., .•• •••. MERCHANTS BONDING COMPANY(MUTUAL) • 110 N4 • OP CQ�•., MERCHANTS NATIONAL BONDING,INC. ••o a LPO 1 t.p ,O�'�1P 09'':it•. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY v`•. 2003 p es s 1933 • : By '71'117 7c P-7/1, L'd .. .. •.; '.,'i• '','�a'• President ill STATE OF IOWA •.., 1"f ..• • • COUNTY OF DALLAS ss, """`�� On this 2nd day of August 2024 before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. -_`-- 45.-WA( Penni Miller Commission Number 787952 ' y'' r• • .��•�. • My Commission Expires MN January 20,2027 Notary Public (Expiration of notary's commission does not Invalidate this instrument) I, Elisabeth Sandersfetd, Secretary of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 7th day of August ,2024 . ..... '•f.. .... • •.NG .C. . • • �ION4�• • L .ci?:* q'V. =*: 2003 :�q •y' 1933 C' Secretary 1 , MERCHAN'l BONDING COMPANY. MERCHANTS BONDING COMPANY(MUTUAL) • P.O. BOX 14498• DES MO'NES. IOWA 50306-3498 PHONE:(800)678-8171 • FAX:(515)243-3854 ADDENDUM TO BOND This Addendum is in reference to the bond(s)to which it is attached. Merchants Bonding Company (Mutual) ("Merchants") deems the digital or electronic image of Merchants' corporate seal below affixed to the bond(s)to the same extent as if a raised corporate seal was physically stamped or impressed upon the bond(s).The digital or electronic seal below shall have the same force and effect as though manually fixed to the bond(s). All terms of the bond(s)remain the same. Signed and effective March 23, 2020. MERCHANTS BONDING COMPANY(MUTUAL) •p�l1-----•0• : _ -0. Q; iag •y 1933 ;c; By; /477� Larry Taylor,President • No. 2482-8 ' 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, Merchants Bonding Company(Mutual) of Iowa, organized under the laws of Iowa,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: Surety,Liability,and Miscellaneous 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 airy,of the applicable laws and lawful requirements made under authority of the laws of the State ofCalifornia 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 1"day of October, 2015,I have hereunto set my hand and caused my official seal to be +." of axed this I"day of October,2015. • =4 • 1` Dave Jones • • Insurance Commissioner By Valerie Sarfaty I for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly alter d 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, US Builders and Consultants Inc. 126 Desert Lotus Irvine, CA 92618 CITY OF HUNTINGTON BEACH OFFICIAL BID SECURITY - DO NOT OPEN Project Name: RETAINING WALL REHABILITATION CC #: 1770 Bid Opening Date: Thursday, August 8, 2024 at 10:00 AM Bid Document— DON'T OPEN aly of Huntington Bench RBIW o eerg Mein ain�street Hlinthagton Beach,CA 92648-2702 • A 0�<�.��NTIN6rpti City of Huntington Beach �� `, ` chPc1 i cc e�e �® • - - 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov i; Office of the City Clerk — %NT I CPv�o' Robin Estanislau, City Clerk November 4, 2024 We R Builders, Inc. 3746 Foothill Blvd. #304 Glendale, CA 91214 RE: Retaining Wall Rehabilitation (CC-1770) Enclosed please find your original bid bond for CC No. 1770. Sincerely, o19.6-L Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan . „ SECTION C PROPOSAL for the construction of RETAINING WALL REHABILITATION CC No. 1770 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 25 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. c-i If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. 0 Accompanying this proposal of bid,find Bidder's Bond in the amount of 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting 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 a.. ....._....Bate Received. .: .', , 1dder�' i�rra�tr re .,, . . . . N/A C-2 P 1ECT BIOFSC U: t11t #; MQSiL1 TION • BLS E i oa` _ �a , 2', i WATE1 PO IO CO OL •• I LS J$_ ,icier • �NS7'ALL APB MAINT fKreQ•I T pgr4C,N. • LS S :Oo , BMP tToc d: NI PR ECT'TRPFFi4CO T t-4`1 - ' Ti2,.avrs °`. I E 5 , tEMOV 7iF + SEOF, €ISTt .,,,,, Via'' � EI.tOCKVUIfALL 74LF ' S R1G{Y�QYG:Ahir OI OSE OI'EX1ST.09': l'71 �V,- •i :W' �, /�Q+�` ,r .... 04TING: ,� ��EN,(4'UE A�IL��IS�'t7SE�lF.EXISTIIYfs 3 EA � ��' �;? , 'TREES ts" tR iliC7�/EI IDEtISFL?SSt„�F; 1STiN SF t,' • `a# Sif7EVIlALiM Fi]RiyISH°AND INSTIALLTEMPORARY 'I LS $' : :' $ '# Pitt 4�ACY FENCE CONSTRUCT:-.''s AININO&SCREE1 ,� ! r - cat�Baaw�tL ��, � - ] tsu+ or�soTIId ..._7a L' ~... Ss•= rr 1: 1C-.:.'R. ' --°}Q'H(GH i&"X16' TER` 2• EA'$ � CON U T PILASTER SOOTING z, z 1 COIV$TR S SIQEWAU K. 90 � E CQ IS'FFit1G"I•'8LgCtE1NALt A p PILASTEE ei ,, °� � ,, `% BACK DRAIN .. ,8 FURNiSH7 ,Id�INSTf?II.L SHO)RINGP PE _ • fit.t 4qE •tlSS $ 20 ;: FILES iT• t: /'A€Ir= iS'I•IN BACi1F1W-.L,_ 6 " 12 O $',. G ,° tili ,� •' rr • 1E iNS ALL,NEY�i SELECTEILL • • N, 5 n, 192 REII ALL NATIVE,SOIL,BA 4. ,r. ., $ S `,;. 3 , 20" REMOVE AND DtSP 1$E O "e$S•SOU_ :1 3C70 G"F` `° 3,% ,$ _ .�1+i..: j .,. a ,, � � ram" ,.. �� ,., i t ': � y _ r: _ i.. 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 o State DIR PWC DoCtar % o ltem(s) Subcontractor License: tetra Amount Contract N/A By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 8 , at Glendale , CA Date City State Nezar Alsmadi , being first duly sworn, deposes and says that he or she.is President, Secretary & Treasurer of WeRBuilders, 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. WeRBuilders, Inc. Name of Bidder Signatur;f Bidder 3746 Foothill Blvd. #304, Glendale, CA 91214 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the RETAINING WALL REHABILITATION (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. WeRBuilders, Inc. Contractor Nezar Alsmadi j By7 President, Secretary & Treasurer Title Date: 8/8/24 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ► No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. WeRBuilders, Inc. Contractor Nezar Alsmadi By President, Secretary &Treasurer Title Date: 8/8/2024 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: WeRBuilders, Inc. Bidder Name 3746 Foothill Blvd. #304 Business Address Glendale CA 91214 City, State Zip ( 714 ) 874-5275 Estimates@WRBConstruction.com Telephone Number Email Address 1055746; A& B State Contractor's License No. and Class 7/11/19 Original Date Issued 7/31/25 Expiration Date The work site was inspected by Nezar Alsmadi of our office on August 2nd ,2024. The following are persons, firms, and corporations having a principal interest in this proposal: Nezar Alsmadi President, Secretary &Treasurer We R Builders, Inc. 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. WeRBuilders, Inc. Company Name Signatur of Bidder Nezar Alsmadi Printed or Typed Signature C-8 fi � �M.Jc /�/�},� bey 1,5 • ii A aota pttbiic as�tltec compteting dtts cerGficaie u enties onh+ ?'rderrtity:o ttre indivrduai`whoigtxeirf :, tha cfoaiinentto watt thisterbiicate`I,attached,and not#h f uiness.•cccraGXr ocrrali i- c f it'd:document,tt . a i4 = . Si�ate ofi Galitttrcn,a i,q Csatmtyoi $: to timI_ before, 4'tn> .Suitsen4eda 'swotrto ? ► ... iii '" da of �� yb onth Year • '- -sow �Fladc iaiifomi4 t cnimtssn M Z89t ...� it . 4ytes0€*d�T�27• tan ( ,: �� .fifameC,$ cfsfgner{sl I proved to me oar Cite basis-o satrsfactat evidettc'+ peared before me tte iCteecsonfs !ho ap Sig0 •tt4r2 .4e e pfoae i otnr =Setwandior:Stamp AEiove;. n afur of Naha ?tib a ,t QP'!tONAL C'ompfet ng this ailonnotton can det *ttAtotfon of th dtxument #a udofent+epttacftgpeitt of this lbrft`to an,Un tntendeti daeomet 1"escnpt o4 at the Dacume it • tr: l itte or 7 pe df'17oajme tr Dvtaunt Oaz _ Nute4tPages m • signert• s);Other Than Named fbovee_ - t i t C241 Nafitdifat Nctay Assb atiai .3 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of Retaining Wall Rehabilitation Projects. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. See Attached Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: c-io We R Builders, Inc. " 3746 Foothill Blvd,#304,Glendale,CA 91214 714.874.5275 I Operations@WRBConstruction.com — , — CA License #1055746 I DIR #1000884610 \if '+ — SELECTIVE WORK EXPERIENCE — Included herein is a curated selection of contracts recently completed by We R Builders, Inc., demonstrating our expertise and commitment to excellence. These examples reflect a portion of our extensive portfolio, underscoring our capability to deliver high-quality results in response to public solicitations. Please Note: In the event that further references or detailed information on previously completed projects are needed, WRB is fully prepared to furnish these at your request. This is part of our commitment to ensuring full transparency and confidence in our qualifications for your project. NOTE: No claims against both parties for all projects below. (1) CONTRACT NAME: Concrete, Masonry and Drainage Repair/Maintenance Master Agreement OWNER: Sierra Corporate Management, Inc. CONTRACT VALUE: $1 M Completion Date: December 2022 CONTACT: Edmund Nisbet; (682) 215-9049; edmundnisbet U gmail.com DESCRIPTION OF WORK: As the primary contractor, we have been entrusted with the maintenance and major projects requiring professional services across all facilities owned by the client in Southern California, including Orange County, Los Angeles County, Riverside County, and San Bernardino County. This responsibility encompasses a broad range of activities with stringent requirements to ensure the highest standards are met. Our work has involved both minor and major concrete and masonry repairs across various facilities.A critical aspect of our role includes coordinating with homeowners, ensuring a smooth and unobtrusive process while performing necessary upgrades and repairs. This has been particularly significant in community pool projects, where we have upgraded facilities to meet health and safety standards, enhancing the recreational experience for residents. In addition to these tasks,we have focused on upgrading various community areas to ensure ADA compliance, making them accessible and safe for all users. A notable aspect of our work has been facilitating construction services to address and improve drainage infrastructures. Given the unique elevation challenges in communities along the mountains, our team has been instrumental in designing and implementing comprehensive new drainage systems. This includes the installation of necessary pumps,laying new piping,and adding catch basins to effectively manage water flow and prevent potential issues. Our commitment to meeting the specific needs of each community, particularly in challenging environments, demonstrates our capability to deliver tailored, high-quality solutions, ensuring every project not only meets but exceeds the expectations of our client and the community residents. (2) CONTRACT NAME: Retaining Wall and Foundation System Replacement OWNER: Hollydale Estates CONTRACT VALUE: $350K I Completion Date: December 2022 CONTACT: Edmund Nisbet; (682) 215-9049; edmundnisbet(Cl�.gmail.com DESCRIPTION OF WORK: The scope of work entailed replacing over 500 linear feet of failing retaining CMU block walls, accompanied by the installation of new foundational systems. This intricate task required a harmonized approach, blending technical skill with acute attention to resident coordination and safety. Effective communication with residents impacted by the construction was paramount. Our team diligently informed and collaborated with the community to minimize disruption, ensuring a smooth process throughout the project's duration. Emphasizing safety, we rigorously implemented measures to,secure the worksite during operation and at the close of each workday,safeguarding both the public and the residents. Compliance with the specifications and requirements of local authorities was a critical aspect of our execution strategy. We engaged continuously with regulatory bodies, adhering strictly to their guidelines, particularly in aspects related to structural integrity and safety. This meticulous adherence to regulatory standards was instrumental in the successful and compliant completion of the project, showcasing our commitment to quality,safety, and community cooperation. WE R BUILDERS,INC. WWW.WRBCONSTRUCTION.COM PROPOSAL. We R Builders, Inc. 4 'v, : 3746 Foothill Blvd,#304,Glendale,CA 91214 714.874.5275 j OperationsaWRBConstruction.com --' / / L- CA License #1055746 I DIR #1000884610 Vf — SELECTIVE WORK EXPERIENCE — (3) CONTRACT NAME: Community Pool Renovations & Upgrades OWNER: Solterra at Civic Center CONTRACT VALUE: $300K I Completion Date: December 2021 CONTACT: Alex Segal; (949) 910-8031; asegal@apex-rm.com DESCRIPTION OF WORK: Our construction company successfully completed the Community Pool Renovations & Upgrades project, which involved comprehensive enhancements to several community pools to meet and exceed current health and safety standards. A significant focus of this project was the extensive renovation of the concrete pool decks, where our team excelled in removing and replacing the existing structures to guarantee durability,compliance, and aesthetic appeal. Alongside the deck work, we undertook the replacement of coping, plaster, and advanced drainage systems,integrating new drain pumps where needed for superior water management.The project also encompassed updates to plumbing and electrical systems to ensure all components were modern and fully compliant with regulations.To further enhance safety and user experience,we installed new tile work, handrails,steps, and perimeter fencing, all chosen for their quality and longevity. Our efforts extended to the surrounding landscapes as well,with the repair and upgrade of irrigation systems to maintain the beauty and functionality of the pool areas. Through meticulous planning, execution, and collaboration with health and safety regulators, we transformed these community pools into modern, safe, and aesthetically pleasing recreational facilities. This project highlighted our expertise in concrete renovations and our commitment to delivering high-quality, community-focused construction solutions, solidifying our reputation as a leader in the industry. (4) CONTRACT NAME: Citywide Pedestrian Crossing Improvements OWNER: City of Riverside, Department of Public Works CONTRACT VALUE: $314K I Completion Date: March 2024 CONTACT: David Hatch; (951) 288-3632; dhatch@riversideca.gov DESCRIPTION OF WORK: Our construction firm proudly completed the Citywide Pedestrian Crossing Improvements project for the City of Riverside's Public Works Department, significantly enhancing pedestrian safety and accessibility across 14 key locations within the city. This comprehensive project, completed on time and within budget, involved the installation of ADA-compliant curb ramps,state-of-the-art flashing LED stop signs,and high-visibility crosswalks, all aimed at improving pedestrian visibility and ensuring safer navigation for both pedestrians and vehicles. Through meticulous planning and execution, we employed stringent traffic control measures in line with CA MUTCD guidelines, ensuring minimal disruption during construction. Our proactive coordination with utility providers guaranteed uninterrupted services, while our dedication to environmental stewardship was demonstrated through our adherence to dust control measures and stormwater pollution prevention strategies. The project's success was further assured by our commitment to quality assurance and materials control,ensuring the durability and effectiveness of the infrastructure improvements made.This project not only reflects our firm's expertise in managing and executing complex urban infrastructure projects but also underscores our commitment to enhancing community safety and accessibility, solidifying our reputation as a leader in the construction industry. WE R BUILDERS,INC. WWW.WRBCONSTRUCTION.COM PROPOSAL We R Builders, Inc. 3746 Foothill Blvd,#304,Glendale,CA 91214 714.874.5275 I Operations@.WRBConstruction.com — L CA License #1055746 I DIR #1 0008846 1 0 / — SELECTIVE WORK EXPERIENCE — (5) CONTRACT NAME:On-Call Related Services OWNER: Eastern Municipal Water District CONTRACT VALUE: $1.8M I Completion Date: 2023 (Extension —5 Years) CONTACT: Haely Hernandez; (951) 928-3777 ext. 6231; hernanha@emwd.ora DESCRIPTION OF WORK: This contract involves proficient management and coordination of the master contract with the owner, ensuring that all work is scheduled and executed effectively to align with the owner's requirements. Our approach is structured to maximize efficiency, often by bundling multiple location repairs to optimize resource use and response times. The scope of work is.diverse and includes concrete flat work such as sidewalks,curbs and gutters,cross-gutters, drive approaches, and ADA curb ramps, alongside more specialized tasks like fencing repairs, structural foundation repairs, CMU block wall repairs, and bespoke masonry and concrete work for unique situations. Our team is adept at handling sophisticated scenarios,demonstrating flexibility and innovation in our solutions. Crucial to our success is the seamless coordination and scheduling of work with other contractors involved in the project. We maintain open communication channels and collaborative relationships to ensure all activities are harmonized, minimizing disruption and facilitating a timely and successful completion of the project, in accordance with the owner's schedule and standards. Our focus is on delivering high-quality results while maintaining rigorous safety and quality controls throughout the project lifecycle. (6) CONTRACT NAME: On-Call Emergency Asphalt and PCC Restorations. OWNER: City of Santa Ana, Public Works Department CONTRACT VALUE: $3M (Work-Orders) I Completion Date: 2023 (Extension—3 Years) CONTACT: Michelle Cabanas; (714) 647-5031; Mcabanas(C Santa-ana.orq_ DESCRIPTION OF WORK: This contract focuses on comprehensive concrete restorations in public rights-of-way,covering essential elements such as Sidewalks, Curbs and Gutters, Cross-Gutters, Drive-Approaches, and ADA Curb Ramps. Our approach_ - includes thorough inspections, precise removal of damaged concrete, and meticulous replacement ensuring seamless integration with existing infrastructure and full ADA compliance. While the primary emphasis is on concrete work, brief attention is also given to necessary asphalt pavement restorations. We prioritize adherence to city standards and safety for the public,city personnel,and our staff, implementing stringent traffic and pedestrian control measures in line with the WATCH manual, and ensuring the use of all required Personal Protective Equipment (PPE). Our goal is to deliver high-quality, durable restorations with minimal public disruption, upholding the highest safety and quality standards. WE R BUILDERS,INC. WWW.WRBCONSTRUCTION.COM P R O P O S A I. 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. See Attached Name of proposed Project Manager Telephone No. of proposed Project Manager: Project Name & Contract Amount Type of Work Date Completed Project Name& Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed 2. Name of proposed Superintendent Telephone No. of proposed Superintendent: Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name &Contract Amount Type of Work Date Completed c-11 We R Builders, Inc. 3746 Foothill Blvd. #304,Glendale,CA 91214 ; . 714.874.5275 I Operations@WRBConstruction.com NyThl KEY PERSONNEL NEZAR ALSMADI I EXECUTIVE •CONSTRUCTION PROJECT MANAGER CREDENTIALS • Bachelor of Science in Civil Engineering • California General Engineering Contractor License (A) • California General Building Contractor License (B) • OSHA-30 Certification • Participated in Acquiring the 2013 Project of the Year Award (American Public Works Association, Southern California Chapter South Lawn Storm Water Management System) RELEVANT SKILLS • Strategic Planning & Overall Strategic Planning • Developing & Applying Jobsite Safety Plans & Policy • Project Management • Materials & Equipment Control • Project Estimating • Document Control • Budgeting & Cost Controls • Compliance with Specifications,Submittals & Quality • Contractual Management • Oversite of Onsite &Offsite Operations& Deliverables • Resource Optimization • Information Governance / Dashboards / Reports • Team & Efficiency Development • Clear Communication & Coordination • Scheduling & Goal Accomplishments • Adaptable to Changes or New Circumstances • Establishing New Businesses from Scratch to Successful • Convergent/Critical Thinking to Resolve Issues Outcomes • Scheduling Work & Crews • Establishing Protocols • Coordinating with Clientele & Personnel • Collaborations Inhouse & 3rd Party(s) • Enforcing OSHA Safety Regulations • Public Works Construction Projects • Managing Material &Vendors • Commercial Private Construction Projects • Conducting Weekly Safety Meetings • Residential Construction Projects • Reviewing Blueprints & Directing Crews Accordingly • Preparing Detailed Bids & Contracts • Quality Control • Managing Change Order(s) • Competent&Consistently Implementing New Innovations • Facilitating Construction Operations • Competent Person QUALIFICATIONS Experienced management and operational skills with extensive training in the Construction and Contracting Industry. Nezar Alsmadi's focuses his time to leverage his extensive experience in the industry to drive growth and deliver exceptional results. As an accomplished Executive with over 15 years of experience in the construction industry,Nezar has a proven track record of leading successful companies to achieve outstanding results. He possesses expertise in strategic planning, project management,financial management, and team leadership. Throughout Nezar's career, he has demonstrated a deep understanding of the construction industry and has successfully managed projects ranging from projects with price-scales as little as $5,000,to large-scale developments $20M+. Nezar experience in the industry encompasses of taking impactful part in successfully completing well over$100M in projects values. Having talent for identifying proficient and effective deliverables has led to new opportunities initiated by referrals from prior Clients due to satisfactory deliverables,allowing expansion of the company portfolios. As a skilled leader, Nezar has effectively managed cross-functional teams of engineers, architects, contractors, and other stakeholders to ensure successful project deliverables. His unique distinction in fostering a culture of collaboration and teamwork,and implementing processes to streamline operations,optimizing resource allocations,and increasing productivity. Nezar's overall experience is comprised in General Engineering & Building Construction, specializing in the underground utility infrastructure,Concrete &Masonry Construction,with substantial exposures to all other areas of construction. DIR 11000884610 WERBUILDERS,INC. KEY PERSONNEL LICENSE I 1055746 WWW.WRBCONSTRUCTION.COM 1 OF 4 We R Builders, Inc. `• 3746 Foothill Blvd.#304,Glendale,CA 91214 —z 714.874.5275 I Operations@WRBConstruction.com f is / KEY PERSONNEL NEZAR ALSMADI I EXECUTIVE • CONSTRUCTION PROJECT MANAGER PROFESSIONAL EXPERIENCE CONCRETE/ MASONRY REPAIR & MAINTENANCE ANNUAL MASTER AGREEMENT Orange County 12021 & 2022 I $500K Executive I Project Manager This annual contract included services to repair, alter and upgrade conditions on an On-Call basis. The work associated to this Agreement incorporated Concrete Driveways, Concrete Drive-Approaches, Concrete Ramps, Concrete Sidewalks, Concrete Curb and Gutters, Concrete Cross-Gutters,C.I.P. Catch Basins, Concrete Pool Decks,C.I.P. & Pre-cast Pool Coping, Free-Standing CMU Block Walls, Retaining Walls (CMU Blocks/Stones/C.I.P.),and more. Through transparency,capabilities of experienced management, professional workmanship, and effectively using resources as needed per each service-call concluded to securing the Contract for additional year extensions,as the exclusive contractor. ON-CALL SANITARY SEWER REPAIR PROJECT Brea, CA 12022 I $45K Executive I Project Manager One of many on-call service-orders,the value of this project specifically is with regards to Sanitary Sewer Mainline Repairs. Upon arrival to the site and investigating the complaint initiating the service call—without any available As-Builts,but solely through experience—we were instantly able to narrow down the locations of the possible issue(s)to the existing underground Sanitary Sewer system. Using a nearby clean-out to CCTV the existing sewer-line, approximately 15 min later (on our first attempt),we were able to locate the issue.Saw-cutting the existing asphalt pavement,excavating approximately 4-ft deep, and exposing the existing mainline,we were able to find the tree root penetrating the mainline. We began by installing a passthrough-bypass and using the cleanout to flush and clear the pipe, meanwhile pumping out any excessive waste. After clearing all the waste,prior to making this repair,we plugged the upstream section of the pipeline and CCTV the downstream section; approximately 40-ft from the first damaged section, we encountered another section damaged by roots. Upon retrieving direction from our client,we immediately began digging out the secondary section. Finding the main close to 6-ft deep,our crew set up the shoring system as required per OSHA,then accommodated the repairs.We initiated repairs after confirming no additional damages occurred along that stretch of mainline (up-to the next manhole).Such repairs consisted of cutting sections of the roots (without damaging the health of the tree),installing the sections of pipe in-place of the void/cut- out section removed, and re-connected onto the existing main on both ends of the new sections using flex-couplings. After testing and confirming no leaks occurred, we encased the section of mainline with concrete to avoid similar future issues, backfilled and compacted trench-zones,and restored pavement and landscape sections along the work areas. CRENSHAW/LAX TRANSIT CORRIDOR PROJECT LA COUNTY METROPOLITAN TRANSPORTATION AUTHORITY 12020 I T&M Project Manager The work consisted of installing a new section of Sanitary Sewer mainline,laterals and manholes at a depth of 18-ft,part of the Metro Rail Transit Extension project,consisting of Transit Corridor Project.The work consisted of effective planning from competent personnel,proper implementation of safety regulations,extensive shoring system,and constructive equipment and personnel.This contract consisted of constructing this work under Time and Material basis,with a Not to Exceed(NTE)limitation. With collaboration of experienced management skills and competent individuals, essential planning, and effective deliverables,this successful project concluded well under the NTE,saving our clients thousands of dollars. DIR 11000884610 WE R BUILDERS,INC. KEY PERSONNEL LICENSE 11055746 WWW.WRBCONSTRUCTION.COM 2 OF 4 We R Builders, Inc. 3746 Foothill Blvd.#304,Glendale,CA 91214 F Z , 714.874.5275 I Operations@WRBConstruction.com ' KEY PERSONNEL NEZAR ALSMADI I EXECUTIVE • CONSTRUCTION PROJECT MANAGER WATER DISTRIBUTION MASTER CONTRACT COUNTY OF LOS ANGELES I 2020 I CONTRACT VALUE: $5M Project Manager Managed construction operations for all water distribution systems associated to the Water Purveyor's service area within the County of Los Angeles as the Exclusive Contractor for the District. The services incorporated into this Master Contract consisted of facilitating in creating an efficient system composing of 100+ Line Items; coordinating up-to five inhouse 4-man-crews to accommodate Work Orders; implementing knowledge gained from years of experience in the industry for effective solutions and outcomes; and proficient document-management-control capturing accurate record keeping,accounting and other general project management reporting documentations. The services provided consisted of furnishing and installing appropriate pipe and appurtenances required for upgrades, replacements, leak repairs, and all new water systems; furthermore,this contract required the Contractor to stay available on an 'On-Call' basis — 24 hours a day, seven days a week — to service emergency leaks. The construction aspect of this Agreement encompassed water mains (up-to 24-inch 0), water services/laterals, meters,valves (cut-ins & line-stop types), fire hydrants, fire services, backflow-preventers, traffic control, trenching/excavating, shoring systems, backfilling, compacting, and pavement/landscape restoration repairs (Porcelain Cement Concrete, Hot-Mix Asphalt, Landscaping, and Striping Repairs). Operations were conducted within the Public and Private ROW, and being performed for the public, developers,or residents. The duration of the Master Contract's terms incorporated the maximum allowable contractual term 1-Year plus (+) Two 1- Year add-ons,concluding to a Three-Year term with over One Thousand successfully completed work orders. ORANGE COVE WATER IMPROVEMENTS PROJECT CITY OF ORANGE COVE I 2014 I $2.3M Project Manager This project was qualified and approved for 100% funding by the California Department of Public Works. This contract encompassed of upgrading and installing 1,900 new water services and 'smart' meters (providing daily electronic readings of the meters). This contract required working side-by-side with the engineering firm facilitating the design of this project,then establishing a protocol to effectively tackle this project, and implementing such protocols with the crews. In addition to the construction services in this Contract,additional services included coordinating,identifying and recording the size,location,length,reading and type (where applicable) of every water service, meter, backflow preventer, fire hydrant, and fire service throughout the City. To utilize the smart features of the water meters, we had to get the longitude and latitude for each water meter location. Given the ad-hoc nature of some of the residential units within the city, we encountered challenging circumstances that were overcome by proper management and people skills. This project was concluded to a successful completion,with a tremendous amount of time remaining in the Contract followed by the effective management, supervision, scheduling and implementation of available resources. CITY OF FRESNO MAINTENANCE & REPAIR CONTRACT City of Fresno 12013 I T&M Project Manager The on-call service calls required a crew to be dispatched onsite within 4-hours of its request. This contract required the Contractors availability 24 hours a day,for 7 days a week. DIR 11000884610 WE R BUILDERS,INC. KEY PERSONNEL LICENSE 11055746 WWW.WRBCONSTRUCTION.COM 3 OF 4 We R Builders, Inc. 3746 Foothill Blvd.#304,Glendale,CA 91214 f .4 714.874.5275 I Operations@W R BConstruction.corn KEY PERSONNEL NEZAR ALSMADI I EXECUTIVE •CONSTRUCTION PROJECT MANAGER ORANGE COUNTY GREAT PARK — VISITOR CENTER PAVILION & SOUTH LAWN PROJECT City of Irvine 12013 I $22.8M Project Engineer I Jr. Project Manager This project included the construction of a new Visitor Center Pavilion, and expansion of the Great Park's sports programs and other unique features along the `South Lawn' of the Great.Park.The positive economic impact from this project resulted to 15%of the parks footprint at the time,with the South Lawn portion of this project alone generating more than 50 full-time equivalent construction jobs for the Orange County economy. The Visitor Center Pavilion consisted of a new ground-up 5,000 Sq-Ft unique building that became the Great Park's first new permanent building. This building included features such as a large lobby, restroom facilities, concession areas, exhibition areas and office spaces. The South Lawn included features such as four tournament-quality soccer fields (encompassed of synthetic and natural grass) with professional light features,concrete basketball courts,750-ft walkable historical timeline walkway made up of pavers •and thereby connecting the South Lawn to the famous 400-ft high Great Park's orange balloon, restroom facilities,jogging and exercise trails made of decomposed granite;"400+ landscape tree plantings, six ponds that became the parks firsts water features,and a state-of-the-art storm water collection management system with filtration and store storm water mixed with reclaimed water from Irvine Ranch Water District. The sophistication of the infrastructure improvements of this development included underground wet and dry utilities,electrical equipment and lighting, drainage improvements, irrigations systems, concrete and masonry construction, asphalt roadways, landscape improvements, and fencing throughout the project. The complexity of this project, in addition to the obstacles of the stringent regulations of the Great Park, this.Project created unique challenges that required a distinctive type of experienced management skills to overcome such obstacles.The outcome of this project resulted to acquiring the 2013 Project of the Year Award (American Public Works Association,Southern California Chapter South Lawn Storm Water Management System). ADDITIONAL PRIOR EXPERIENCE ( S ) — CALIFORNIA I 2010-2023 Along with the projects listed above, Nezar's experience includes a substantial list of additional Projects relating to the Construction areas indicated under the Qualifications section;some of these projects are— • Caltrans Highway Realignment Project(sub to Granite Construction)—Underground Utility &Concrete Div. I $15.8M • Failing Retaining Wall Replacements I Brea,CA I $150K • Concrete & Masonry Exclusive Contractor I Orange & LA Counties I $450K (in 2022) • Lot Grading & Drainage System Project I Corona,CA I $90K • New ADU Ground-Up Construction I Irvine,CA I $400K • Downtown LA Rehabilitation Project I Los Angeles,CA I $3.2M • Concrete Roadway Improvement Project I Cypress,CA I $615K • Pool & Balcony Addition Project I Irvine,CA I $500K • New Free-standing Patio Cover I Newport Beach,CA I $75K • New Free-standing Patio Cover I Laguna Beach,CA I $67K • Two Community Pools Plaster and Decks Replacement Project I Norwalk,CA I $350K DIR 11000884610 WE R BUILDERS,INC. KEY PERSONNEL LICENSE 11055746 WWW.WRBCONSTRUCTION.COM 4 OF 4 We R Builders, Inc. 3746 Foothill Blvd. #304,Glendale,CA 91 214 rt / �•. 714.874.5275 I Operations@WRBConstruction.com }' ELIAS HERMOSILLO I SUPERINTENDENT KEY PERSONNEL RELEVANT SKILLS • 30 years of experience as a Superintendent in the construction industry. • In-depth knowledge of public bid solicitation processes and regulations. • Strong understanding of construction plans,specifications, and contract documents. • Proficient in coordinating and supervising subcontractors, ensuring compliance with project requirements. • Skilled in developing project schedules, monitoring progress, and implementing necessary adjustments to meet project milestones. • Exceptional leadership abilities with a focus on fostering teamwork and collaboration. • Excellent communication skills, both written and verbal,facilitating effective interaction with stakeholders at all levels. • Detail-oriented and highly organized,with the ability to prioritize tasks and manage multiple projects simultaneously. ▪ Proficient in utilizing construction management software and tools to streamline project documentation and communication. QUALIFICATIONS As a highly experienced and dedicated Superintendent with over 30 years of experience in the construction industry, Elias has an outstanding track record of delivering successful projects on time,within budget,and to the highest quality standards. He possesses a deep understanding of all aspects of construction,from the initial planning and design phases through to project completion and has a proven ability to manage complex construction projects of all sizes and types. Throughout his career,he has developed a unique set of skills and expertise in all areas of construction,including planning, scheduling, budgeting, quality control, and safety management. He has worked on a diverse range of construction projects, from small-scale commercial buildings to large-scale infrastructure projects,and has always remained committed to delivering exceptional results for his clients. As a skilled leader and communicator,Elias has a natural ability to motivate and inspire his team,fostering a culture of collaboration,accountability,and excellence. He is highly skilled at managing cross-functional teams to ensure that project goals are met and that everyone is working together towards a common objective. In addition to his extensive technical knowledge and leadership skills,Elias is also highly adept at negotiating contracts with subcontractors and suppliers. He has a keen eye for detail and a passion for delivering projects that exceed client expectations. He is a highly skilled and experienced Superintendent with a proven track record of delivering successful construction projects across a wide range of industries. He is committed to providing exceptional customer service,ensuring that projects are completed on time,within budget,and to the highest quality standards. PROFESSIONAL EXPERIENCE GENERAL SUPERINTENDENT, WE R BUILDERS, INC. Los Angeles & Orange County I November 2020 — Present Superintendent Responsibilities Include the Following— • Oversee the contractor's response to public bid solicitations, ensuring timely and comprehensive submission of bid documents. • Review project plans,specifications,and contract documents to identify requirements and constraints. • Collaborate with the estimating team to prepare accurate cost estimates for bid proposals. • Coordinate with subcontractors,suppliers, and vendors to ensure availability of resources and materials. • Develop detailed project schedules,including milestones,deadlines, and critical paths. • Monitor project progress,identifying potential delays or issues, and implementing corrective measures as required. • Conduct regular site visits to ensure compliance with safety regulations,quality standards,and project specifications. • Manage project budgets, including tracking expenses,approving invoices,and controlling costs. • Communicate with clients, architects, engineers, and other stakeholders to provide updates on project status, address concerns, and ensure client satisfaction. • Supervise and mentor construction personnel, providing guidance and training as needed. • Prepare and submit progress reports,change orders,and other project-related documentation. DIR 11000884610 WE R BUILDERS,INC. KEY PERSONNEL LICENSE 11055746 WWW.WRBCONSTRUCTION.COM 1 OF 2 We R Builders, Inc. 3746 Foothill Blvd. #304,Glendale,CA 91214 ti r Mr: i 714.874.5275 I Operations@WRBConstruction.com ELIAS HERMOSILLO I SUPERINTENDENT KEY PERSONNEL PROJECT SUPERINTENDENT, WE R BUILDERS, INC. Chino Hills I November 2010 — November 2020 Superintendent Responsibilities Include the Following— • Leads the project team in planning and execution of project and revises as appropriate to meet changing needs and requirements. • Take off quantities. • Examining quotes with specifications. • Completing bid items,incorporating all costs,etc. • Submittals/RFI's. • Traffic Control Plans. • Contacting suppliers and subcontractors. • Minimized company exposure and project performance risks. • Proficient in mixing,pouring,and fishing concrete at job sites. PROJECT SUPERINTENDENT, WE R BUILDERS, INC. Los Angeles County I January 2005 — November 2010 Foreman Responsibilities Include the Following— • Manage project scope,schedule,and budget on all projects. • Performed excavation,earth-moving, rigging,and concrete work. • Performed demolition work,coordinated work teams using knowledge of location and level of charge,wrote orders,and crosschecked materials requirements. • Established traffic Control Plans amongst teams. • Subcontractor communications. • Change Orders. • Purchase Orders. ADDITIONAL PRIOR EXPERIENCE ( S ) — CALIFORNIA I 2005 — PRESENT Along with the projects listed above, Elias's experience includes a substantial list of additional Projects relating to the' Construction areas indicated under the Qualifications section; a few of these projects are— • Concrete&Masonry Exclusive Contractor I Orange & LA Counties I $450K(in 2022) • Failing Retaining Wall Replacements I Brea,CA I $150K • Lot Grading & Drainage System Project I Corona,CA I $90K • Concrete Roadway Improvement Project I Cypress,CA I $615K • Pool & Balcony Addition Project I Irvine,CA I $500K • New Free-standing Patio Cover I Newport Beach,CA I $75K • New Free-standing Patio Cover I Laguna Beach,CA I $67K • Two Community Pools Plaster and Decks Replacement Project I Norwalk,CA I $350K DIR 11000884610 WE R BUILDERS,INC. KEY PERSONNEL. LICENSE 11055746 WWW.WRBCONSTRUCTION.COM 2 OF 2 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $400. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 https://www.dir.ca.gov/public-works/PublicWorksSB 854.html DIR's Contractor Registration Link—Call (844) 522-6734 https://www.dir.ca.gov/public-works/contractor-registration.html DIR's Contractor Registration searchable database: https://cadir.secure.force.com/ContractorSearch I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. WeRBuilders, Inc. Contractor Nezar Alsmadi • By Estimates@WRBConstruction.com Email President, Secretary &Treasurer Title Date: 8/8/24 PWC Registration #: 1000884610 C-12 dIrflS STATE OF=CAL1`` tifRM ``'` APPLICATION FOR PUBLIC WORKS CONTRACTOR REGISTRATION Registration Information Type: Public Works Period:07/01/2024 06/30/2025 Contractor Information Contractor Name:We R Builders Trade Name: We R Builders License Type Number: PW-LR-1000884610 Contractor Physical Address Physical Business Country: United States of America Physical Business City/ Glendale Province: Physical Business Address: 3746 Foothill Blvd.#304 Physical Business State: CA Physical Business Postal 91214 Code: Contractor Mailing Address Mailing Country: United States of America Mailing City/Province: Glendale Mailing Address: 3746 Foothill Blvd.#304 Mailing State: CA Mailing Postal Code: 91214 Contact Info Daytime Phone: Daytime Phone Ext.: Mobile Phone: Business Email: admin@wrbconstruction.com Applicant's Email: estimating@wrbconstruction.com Registration Services::Page 1 of 2 6/21/2024 9:32:41 AM Workers' Compensation Professional Employer Organization (PEO) Do you lease employees through Professional Employer Organization? No Workers'Compensation Overview Carrier: Pacific United Insurance Inception Date: 10/23/2022 Policyholder Name: We R Builders,Inc. Expiration Date: October 24,2025 Policy Number: 93 48 101-23 Certification Yes I certify that I do not have any delinquent liability to an employee or the state for any assessment of back wages or related damages,interest,fines,or penalties pursuant to any final judgment,order,or determination by a court or any federal,state,or local administrative agency,including a confirmed arbitration award Yes I certify that the contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. Yes I certify that one of the following is true:(1)I am licensed by the Contractors State License Board(CSLB)in accordance with Chapter 9(commencing with Section 7000)of the Business and Professions Code;or(2)my business or trade is not subject to licensing by the CSLB. I understand refunds are not authorized I,Nezar Alsmadi,the undersigned,am,We R Builders with the authority to act for and on behalf of the above named contractor.I certify under penalty of perjury that all of the above information provided is true and correct.I further acknowledge that any untruthful information provided in this application could result in the certification being canceled. I certify this on:9:27 AM Legal Entity Information Legal Entity Type: Corporation Name:We R Builders Registration Services::Page 2 of 2 . . .. ... . .. .. ....... . ... . . ... ... ..„ . . . .. .... . .. . . . . „„... ..„ ... . .. . .. .. ..„. .. . .. ..... . . . . „ , ,, , • : • , . . ', , ,,, ', ' ..,.•... • ,•. , ,,, , ' ..• • ,", ,.• „ ,„ ' :' . ,, ., . ,.... . .. . ... " .• .., , .."--::•!,-•• •• ",,• ,,E];•,:•;•,.•::,:',.].::: -,:.,.. •" :...,.". 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VI-10,4111401,044 V4:,ii,,iliatieloAty, .44tiiiiii01100,,tv vetrijil ittstiiti .4.1.#4,1Ailiiis0,4,_'Itifit,tiA tottio.y_:,,,--Afitils1,1100,00.4,_.....1,1,-p•s,i8161400,, ,..._„,„•,,oil-,.,,1,-,„..;.,..:, ..--, •.., , L , .,:••-..-, --- „;,...-4k,irp-.t.:,,,,,...p.*!---,7,1S-Li91,11.3-1041:V„.,.. -77:::71.4iiiiiilostV„-: - :"-thiarittotte,.', ---", -.1.'tobilt1601-0 ,-'" H'.,',.;,..if COM a st+,:s.,''.''',,,:.:442,sidLs4C1'..;-;f'": ::•::;;:46*01401,1'f,'-::: ,,, tt*, ' '•' :- .• , ',:'''':'''' ''''---'.' ' . ::1 . ::-:::7,--,If 2 1.1.5t,l,':'L','.:,; :".-7*.,Z.,!!!?....r:7.--`." .-:`"..,;:,','.4::°1-..,!:,,i'`::. • .—.',,,,...."., ..!,i4-!'.::,..: . „..,,:. ...,,, . ......,. . ..,... . .. „ . . „ . .... . . ... . .. . ... . .: • .._..-..: Bond No. NA BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we We R Builders, Inc. as Principal, (hereinafter called the Principal), and American Contractors Indemnity Company , a corporation duly organized under the laws of California and authorized to transact a general surety business in the State of California as Surety, (hereinafter called the Surety), are held firmly bound unto: City of Huntinaton Beach 2000 Main Street.Huntinaton Beach. CA 92648 as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10% % of the accompanying bid of the Principal, not, however, in excess of Ten Percent of the Total Amount of the Bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE,CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas, the Principal has submitted or is about to submit to the Obligee a Proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products,to-wit: RETAINING WALL REHABILITATION at BUSHARD ST& GATFSHFAD DR ( t Nn 177(1 NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefore after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract or any part thereof and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall in case of failure so to do, pay the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond,then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon Surety unless accompanied'by a; Certified Copy of a Power of Attorney authorizing the undersigned Attorney-in-Fact to execute such.a'bc nd',,. , the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed and dated this 8th day of Auaust , 2024 •• • We R Builders, Inc. • Principal ame • . By: 1140 rincipal Ne,ea!' 4151011914l.; tItt6SiSegleerthy American Contractors Indemnity Company TASU r Name of Surety Company By �..a.— • Attorney-in-Fact,Pietro Micciche F :::,,,•t," :;::.:',,,, .•<;:'::Ta:r?, 1,..F,.. ..? .',.):- "'.:.:•iV'','-c5i IA. -T:'.!?4.'' VEi 1.I.''..•-4',;r -i,,,'..,- 1:,,$,:. ,.., ,,:.,,...-2,,,e,y.,1?„,..i ..-c„,??0 .,,,:". .,:„., ,,,c,,--,.;,,,,,.7.- '','R':' •'-'-3 rA'-,V74.`e '.: : ''. .: 5,,,"E":'P,,,.;'...;:;:.:,;.. ., l';',,ie VS' <:',::% ?,,::'. .„ ,:...?, ...•,,.,.., 04;..#5:i.." . ,..na .:::',;'.. •''.:4:',M'.. 6.Z aV:2 ., .. ,, .... .: '1'. .:',..* 0,::,';', n'q M"''.,:,,,.. ?•,:.;• '',? ,.,..x.:..,:., .':n i-,,:i .,,,,,.,,,, .,:,,,.„,,,,,,...,,4,,,,,,„,,, c,,.„,..n ....,,,.. ,.,,,,,,t..%,, ..,..P. ..;',1:, :,.i-'a .",:i. 'Hil 'Q., .', •,' .(1,.-'5:': F.:.•.1;l'%4<•••',. 'i..r1 4s:'• :=V?-,A. :!'';'.:-?;.,i';',?g;.. ,-..i.,,,$ ':).', .1',,,..', 'z'V,.: ',,: ,..:,i :1,. .',: g-'' 1!-„? ,,,,, ',1,11 ',,,,',; .&,..:1 „,,,,,, ,,„.. ,„.. .,,., toiddiMAINg...14•,•'•-•• z-5.:."'..,,z • '4;.4., '11Q..:fe• :::.a:"- •'.' '''',A..' '''',,i'E.:;.' -,'.',4'',,,..,Y" '4.2..,.'e ''''?:it';,' & iitFt4i 0640PONTR'.7A9'...1'''..0RS1N' .• "Dg'' .vN'qY 'cl.AA ‘ TEXAS BONDING 000.PANV .-,, --:'- ''''' '"' ,.'-'•.:,,:;i,,,,,, , ...,''!L''NIT. ,'E'..D'.:S.:. AT_S t.O Et0aoO„0AW.,.,, U P. E..CIA.L..,T„ .100.010E COMPANX0. -- •-:,,g:- ''.-1`..,5,:.v... :':.',R. .,., ../ KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company,an assurried,name_of American,Contractors Indemnity Company, United States Surety Company,a Maryland corporation and i)B•f Specialty;,4nabiariC4.tC0#114744t1 a Texas rat,4',794,clive.y,, it...0,.q...,,.,!.,:.4 iv cei'''rriP.-lod41.nil' • I Ihe)tonidaniietR7do,by these Ol'eseitts.Oa . .,,, ,.i rr,lie;i.'ffistituti',..:r•i.,,,,,,.,::.."1,,•.1,...',..,,,,,;.:,. .@• ','4...' 1* '', .-. ,. kOT , '.•- ''n. .,,,tr; :6.;.1:, "•;,4 .:&%:-'', f!''.6'',: ;:%':',.'5•Y • !.,...,>'4. pat appoint -..;,..,,..i.. .,..;,, $:q,g-lt.L.'&4:7: .;:l..,"j ::::, ,a •..,6v -..,.-',,.w• , *..:: t,$' ,,, ''''t.k.i-2; lg.:'di''" '.'•::. PcetroViacibife"of Glendale,California' 5, •ct,,,,.I(.-"',•-N.',:,V.A.1.;4,).`'''„)s,-,.4- , ,. 's -„-;,- .. .•,-:a.i:.-1,z.,'- i. '. c •C . ., , li•A"-.,,,,, ., :;.'..' ,-.,,—i.qAv,.;:1s,.::'p,.':,•=4kt.ip,:.:::i7,',, and la*fulAttdeney(iy-tfo:fac.t eactinitiheffseparata'pacity if:pdte paexripne is named aic.y,e; iit ,fyllfporr.pnd aut*01ltY neleof conferred in itiniil:l4and steid;*e1e4te,leOne*ledgeatpdelyer44$andall bondp;%r*C90)01; 'undertakings or other instricaitrabts of sueetstipit inaludiriders, anendntsand,consentof sUret',tikciViiiing the litifid.4.,.,;•,--1-',,penalty does not exceed Five Million***** Dollars(****$5,000,000.00****). ThlaPower of, tlotileyall,p,?(Rlice without.jstrther,a,ctip,,n on January 31st 2028.This Powerpf Attorney is?,Eartd under and by aulnpriA. •i.' 1.;:!li rdffiledollowint,40.6108OnaPpktedlpy the Beattisof Direelcislitthe Coln,,,pt/lee"'.'$•:. ;•'!'4444:i', V"-',.C.t.'-i , t-....: i..,..zt Gr,.,h, .,A1 . •ii.0; S.4 iifri irg,i0esoived;,ttiit the,(7.',reSid,0,h.t4.4Vice-PreeMenk,41.7.4401,0#E,119ta-Presi„eq..,aA.y,,,,,. II any Secretary AssiSteiiiibe*a.ii Snaillbe'Ond is hereby ''''"44'.. •"''','' ..iiiied with fuli''Powee'entl'adtrierity to appoint ay onetirinore Suitable personeas ttomeY(S)'jiFaCt to repreient areiefferndleh behalf of,tha ‘q.:•::::.& :. Company subject to the following provisions: •—.,. Altdrpey-in-Fqct may be given,full,,power and aufholjty for.and in..t.he.n,ame of and on., ehalf of the.Company,to execute,acknowledge and deliver,an indiltbonds:liedegrtrzentrekCenti-aSts, agreements,,erAndempity, d other ,,dpcktjimi):*obligatory3-Aindertaging04;indlddIng ie,,nk.#1:14.,all cenet'll$.0. t',....,:..4.1f01:‘,6-0 releas$10fretal.n0110(4,44ges andleffinatistiniates on engineennqvr1 constr:UStied;,,O.ntyects,and ja#ir Od,allf,.netiteS and documents vv. rLi.Ci-Cabling or tedelhatinbittie Cetripariy's liability4aredri'de`•r',"'and inViUch instruments Seekecdtectbiiaily such Attorney-infEactsitill;;.be'binding Oen. the Company as if signed by the President and sealed and effected by theth Corporatecoman Secretary.he'retofore or hereafter affixed to any power of attorney or any,_, .. Be it Resolved,that signature of any authorized officer arriseet of if; t-1PeanYri ,fieSimiletlgiature or faesirnile seal:sheirtreMalicl and binding dgfrificate reletlegAnerettiV.Wcsteiffe,and ankkpeW;epefsltpnlpqr:Pe I ca e, q,, il.:•.,,, ..,,..:i.,•„.,„•-,45. ,,,i,....4::.. :.*>. :,•:.1..,.-.:,, L:,}..y•-i 1,,,,u1 mi• ,,,,,,,,;,:,!.:,;..t.F •,,,,,v. .T.F.,‘-.:,,-,,,,,••:-won--,,-e conipa-ty' with petb0,y+,on,r1 or',UndertainFn,W;...iileattle attacheldmi,,, ,.,i:,.,,,f.;RI .t..(,7,..,.,? ,..:',. , ..,„. .',.. .3,.,-., :, -..,...: m.,....40- -,40 , ••jx, w i.s.g,-. tfe •, •.::4, ....„: ,,,,,,,, •,..,,-.N, ...,•,:,...ig.,.. ,.,,,,•,,,,,g-- 4.-- IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be`hereto affixed,this 1st day of rspru,a.0ry2024. ' % > $ '44..- -- .0011Irmo' .... . '.mtRickOONTRACTORliDEMNITVPOMFA.NY,TE,I. AP/pP,: ..i.,4,10p,4,'4k'4,....0.. ,0. . ,-.UN13.6i4ritNOtitiOPANYr ,UNITED STATES Akif51'..YjcomP4NY;'' ' a lIl fl t4,';';▪.ie;;"'. illt-°.,AN, -'?,e./..'14-'. ..-...c:INf,4 1,,,,,10-,,-,„,,,;..,P.,,-,a0 u.s.sOkd AEIYINS0„..M. ..N .,. E C°MPAINY . lig( SIEFF.2rD,199(1 illilt21 1).Z:4119( lir jt..40.3( ,.1.70,,,,e°S.At zss.7.--- y: -.0 •"cz,-.r.',.. is.:.-r, ••., "-pi--.-"NZP. • „ ...„ -._ „:•.*„.;$,.%.. „„.„-.0,,,e.: frp.o..... ..-,,,,,.,,,,. 4..- sty,t.:-.. .,„ ...-•,A,t7.-, "-,;.",.,,,z ,„.....• .s.,,....,,, ...:,-,q ,:-.A.:,,,,,y,.,. ;.•,...,„,,,-.„ • ,,, ., , ....,:i ,.::::•:.....", <09. ,F-:.--,2:.,•:,.:ft ,,1,..c ',.,...,t,,....;•.: "-. ./ - '•-• • inaniel P Aguiter tP:nesident • im. F ,I:r.. .. %,-w tl.**-44.... iv,\IF * .,,,•:...4.341...,,,;q,s,o-e. • :i,Pr,,,,,:tr , .,03, L 4 V.,"ri ..%'''...,1 '''' .• ..t>f...e K-c l'.,: 4..: ? i;f1 ,-A,L.,.P1 ij.". t?.;i;rAtiirr,'""i1Ces'e'." '"•••"-"e'rF'vr•V','" .'.•1 .16 :rfiil,litilltos 12,,:,i-:a4:441AP.'. ''''''''' '•:•••'. •'.•'•'•' ''''..'''''• ' ''',,' ?,•":•.,,,..:•54,'' z,:',•5 .:1,44,*--ooitz. -' '.,•.': t.(01/11iiiise&•''?' 'i ," •" • ,- •:•':.•, , ,. - ▪ -.-r-A'''Tilztvarywn"Pilun bilt'''..6‘.r OitiOffi dirt-Ompletinglhis cettifiCate'venfies only theiderititiblthelfidiVidual whOlSigriedtheAcibufrient to whibh --.,. ••- this certificate is attached, and not the truthfulness,accuracy,or validity of that document. - .....-: ,,,,„,, -0.,„:',';',4e... ri.5.'• g.,•':' ..".7V,::,.. •,''.•i'P or...:-., ,,P, e'..0' .,<P',,,, i`.'`% ,.:,r'':•:,,,,. '''', .§f-Q ;$7;:c..3.,., ..c,ii , .,:.. ,e, ,'s ., ' ';:: 1.A 0;-, Mg,, ,. .,..,,,:4, ,..,iz.,, 1,,,z,,p,..q„..i. „,., t:.O. liP.: :,.?::', ,,i •...,.‘, ,j%W k:a.',';5 i*" ?t•5'>`;?‘: VStit6tif CalifOltriav ;,••••••4- Ii.-41.b•'1‘;'..il. ,,,. „,K A ?..t.',,:-..„:A .,;,-;...:,, ,,,. ii.44:0,1pty of Los Arlgele.S: ...si E.A..„:". ..ifs' '•:IJ'.9. ,',1 qihii''' -=',..-,Afw "..,:g0" kl '.-z..N''' ...A.v '-.,.:-.:•..:ty .,;',4 f:P",•'' On this lst day of February,2024, , before rne,,1:,?; Lltt_lefictd,7;aconmotaarynypublic, personally appeared Daniel P. Aguilar, Vice President of ';'..4.:R..q.1-',,, 6n.:70lPan c°11.WtOTJek0,0t4t tP1'11DT'Sik7,17.,T9kPPP %., United States Comp,anyaandr.V.S.'11?pctalty Inst.9re fq;:v4 A til• .41 .-•to•firliny whdid(PiVed;to;ItpC•Pdlgitbasis otsptiaNptplyteyl„eppe. ' Pto bee4tilii:Iiiiofii;:tiiii name is SilbSbriii*d*.**0:1n instr4(#t ,. rldPiPknowledied tome.%thkifieleiecuted itfesainein.hie atithonzed ca'i'P'er'Cityen"-d':.`thet%iiiis signature oh4beinitrUineiit the person, ,.13i-4•:> .6..,! or the entity upon behalf of which the person acted,executed the instrument. ::, • • .... , . ,.,„ imPh• •--. fix," -...:‘,..1.,,,,, tnx-,;.,r,..„ " '' ' le4Pflhe,State of diiifdinia'AittlefoleOeing p4,146pfile:1/34iii tibPrrect. Plr4ettifii,under.OaNAIAY.QFM4PRY unliOri.Vie • ...,, ,,,..1-.;• w.,,, ;:.,'4.J.;;:,gi,,,•ee '40.? ',,,M .Pm 4:•:-0N.,,,,,,r t.QF ..v.,,,,,:,-; -,.,,,,,,, co, im liAiV 1;r.,:.4, %.1 Mu...4' ,,,,..n, - ,,,,,,, •0;:e.,..ft,k ..,.........-• .>..:..:,. ,. .„ . -'--' - 'WIT▪ NESS my hliid aniigffi'I eeel. ...• ."' - -4'"-":4•.. "Trant* ,Signature ,,,,,,.K,,,. ..-..• , .'.,,„.., ,.j. 'i'.- •.:,:,,• ,,,,,„.,., ,, c P• ,1,/.,..,r.q1,.. :.0 MA 'g'."" ,- ,,,.,-k:•0 -,•J.„ ,-,,,,,,,-, 4,.. ,,,..',.•„<.•., .0,:-',4 P.,-, 1.M':',:.,: :::-.',.i :,::::,::, :.:: -'.:' •.0.K--A •-•:;• '4.:Af i:,!... Pi -V rd..;.4'.. k•.;4.,i We.i.0.>., .im 4,-... -". • ,.,.V.:,, :..., :i;',..:, •r.,:'., * k . 4 ;&,•• ':: z;* 3 -*'• ' "..'t',.. .-:.;..<U:0: lig q;' ..."-' ',.;:t&j?;:'' .:to ''.-4.x,... I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, 'united States Surety Company and U.S,,Specialty,.insurance Company,do here,by,.certify that the above and foregoing is a true and correct copy of a Power Vafc*,'Afttimey ekecOted;Oyialitt.40'•-riipanies,WOO it:$111,,,ifyNtl,:f6Fe andffei61A4ft, he‘criiibetiltie resoptAct.,IM.," ,S.„,g1,....c.!!Direct01suoi,T, ... ,.,",,.. ,,.. • - - , •,,,...„. ., -, r w.-,' ,, ,,-„,- .....,,•')• et .•dt.. ; ,.;.ki n:... pl.:' ,:, ..,,,A,,I .!, -,-,,,-..--" --,', ,".-* • seTit, tin the Poker 6fAttornelkareln full forqe,:an, .„ffe. *. ..:4e.,..e .: u, , : ,.., .11.; .v:•1.1.g! . :C;4.P,-'• 0,q. .... :2,1:. ;tvp 0,p- -',i ''8.-idr..". Ps.',j ,,Y 14:i:: '4.4zi%, .h:l ..".kP' Ir4itpess Whereof I have hereynto set my hand and affixed the seals of said Companies at Los Angeles, California this •:' ,•',".• ,., t.7.:.: day„of„„ .7kkat- .7 .- ; ";,;; ..,... .5.:,,,.;-:;,,i,u„„„,0 .;:-I*,, 1];'.4.• 4„.:,,: ; ini,,,,.q„„, '-.4-.t.., i'a,,z ":;'...',.:-..v•-••• .4-. ..?,:•,;. ...;,'-i.,.,: *j.),,:•,A: . ,,ilewwwir-60‘- 4iiiliz fig6,0144690, '4.iltlet14 ;4k1,t,,,441.41t*,4; lig ze iN '.,,flow 4 %:..., '-i!,, ,‘ ',,,',:,I y;,;.'i•.,1;..'4:.•••.:44, '.0.,:'...frAl. '341 . ,:—.4'> .,4.'0.i A.1 ''..a q•*, e 41-14,.,1"*..0_,I; ;•ti.S "...>,?..;,44i1::;:4*.4.,T.A„ os:,. 'i.:,j,;'e, l'"?‘'. 0,r.:1,....45 '' ,,?.. -`: . t,',1V3'..;.;'Z'.,••';';.! , 40 F.'461461•M 0AZ& • ' ki:A5*F-1,104"/:':'.:* -4' A:7= ''''4Kio LoFsA"-•174-.nt secretary '"'-' `•••-•." - .' : No. ' -g057'.".. ffimct.,,, . 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' \ • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual vvhcsigned the document to which this certificate is attached,and not the truthfulness accuracy,or validity of that document, State of California County of Los Angeles On Nwriat.t .t- before me, Angel Nunez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Pietro Micciche Name(s)of Signer(t) who.proved to me on the basis of satisfactory evidence to be the person 0t) whose name% isilite subscribed to'the within instrument and acknowledged to me that helyakeetex executed the same in hisSottinkauthOritbd CapacitAtelf),and that by hiS4IBIXI4leKsignature(9)on the instrument the person%, or the entity upon behalf of which the person(s)acted,executed the instrument I certify under PENALTY OF PERJURY Under the laws of the State of California that the foregoing paragraph is true and corr . WITNESS han nd official s ANGEL NUNEZ Notary Public-California Los Angeles County Commission#2482770 Signatu !SP.:PO my Comm.Expires Mar 14,2028 Signa Notary Public. Place Notary Seal Above OPTIONAL Though this section is optional,completing this information.can deter alteration of the document or fraudulent reattachment of this form to an unintended document. • Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: • Capacity(ies)Claimed by Signer(s) • Signers Name: Signers Name: 0 Corporate Officer — Title(s): El Corporate Officer— Title(s)• : 0 Partner — 0 LimOd C General 0 Partner — 0 Limited 0 General 0.Individual 'V Attorney in Fact 0 Individual 0 Attorney in Fact O Trustee D Guardian or Conservator 0 Trustee 0.0uardian or Conservator • ElOther: 0.Other: Signer Is Representing: Signer Is Representing: 02014 National Notary,Association•www.NationalNotary..org•1-800-US NOTARY(1-800-878-6827) Item#5907 • • • r � CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ii89 A notary public or other officer completing this certificate verifies onlythe identity.ofthe individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,orvaliidrly of that document State of California County of LOS Ate. y On p n r v`�liC �� A� O , ZO2.� before me,�lMte�� tk\S .4C / �� • bate Here Insert Name and Title of the WIC* personally appeared Ne- ( �`5V` Q. Name(s)ofSigner(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity • upon behalf of which the person(s)acted,executed the instrument, • I certify under PENALTY OF PERJURY under the , LAMEES ALSMADI laws of the State of California that the foregoing o " ^ Notary Public-California • paragraph is true and correct Los Angeles County E Commission#2468697 WITNESS my hand and official seal. My Comm.Expires Oct 28,2027 Signature Lc 41 _ Place Notary Seat and/or Stamp Above Signature of Notary Public OPTIONAL • Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ios) Claimed by Signer(s) + Signers Name: Signers Name: ❑Corporate Officer—Title(s): 0 Corporate Officer—Title(s): Q Partner— ❑ Limited 0 General ❑ Partner— ❑limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee in Guardian or Conservator O Other: ❑ Other. Signer is Representing: Signer is Representing: i2b49 National Notary Association • 1)''+V ▪{ ; f°t 4 4 ` 4 V Fed+ dr f � �' jY S�� 6 2^ f h :�� "a n K x yyfi ,vt q{ v cue'#-g'r's-. ,y„4+ c tl 22 u' Sj„ V w.. r 1't.. 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