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HomeMy WebLinkAboutUS Builders and Consultants, Inc. - 2024-09-17 (2) RECEIVED BY: CITY CLERK RECEIPT COPY /�A n Return DUPLICATE to �{��t;� 1 1 v\�" City Clerk's Office (Name) after signing/dating I ( / 2 (Date) Q CITY OF HUNTINGTON BEACH =fir INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: II///2/)?If SUBJECT: Bond Acceptance I have received the bonds for ( I5. /j/%/7/-,AS +( m nci([ Izi 'l/. - b C. (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. ,544 b WDD52 J Payment Bond (Labor and Materials) Bond No. A( - -OC Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved rl l l'/ 07 i--i (Council Approval Date) CC No. � � '" I Agenda Item No. 3310 MSC No. City Clerk Vault No. (OOO. FCC Other No. SIRE System ID No. (D�'Cl�'2-1 g:/forms/bond transmittal to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND US Builders and Consultants Inc. FOR CC-1739 Storm Water Pump Station Facility Improvements Project THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California,hereinafter referred to as "CITY,"and US Builders and Consultants Inc. , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Storm Water Pump Station Facility Improvements Project; CC-1739 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: I. STATEMENT OF WORK;ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 16-5195/City Funded Construction Contract.docx—revised 04/2016 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms,conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx—revised 04/2016 D. The edition of Standard Specifications for Public Works Construction, published by Builders'News,Inc., 10801 National Boulevard,Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications,Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal,(which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5I95/City Funded Construction Contract.docx—revised 04/2016 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement,subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Five Hundred and Seventy Nine Thousand-Six Hundred Dollars ($ 579,600.00 ), 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 One Hundred ( 100 )consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contract.docx—revised 04/2016 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason,relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contract.docx—revised 04/2016 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten(10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be,acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.docx—revised 04/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of One-Thousand Dollars ($ 1,000.00 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay(unless DPW shall grant a further period of time),notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract.docx—revised 04/2016 delay and CITY shall extend the time for completing the work if, in its judgment,the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed,but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15)days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order"means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/City Funded Construction Contract.docx—revised 04/2016 (b) Payment of money or damages arising from work done by,or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires,floods, labor disputes,epidemics,abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW(or his or her written designee). All Demands shall be submitted promptly,but in no event later than thirty(30)days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand.The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15)days 9 16-5195/City Funded Construction Contract.docx—revised 04/2016 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer,in writing,either within fifteen(15)days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively,and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request,the DPW shall schedule a meet and confer conference within thirty (30)days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement,then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute,the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900)and Chapter 2 (commencing with Section 910)of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx—revised 04/2016 or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule,the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent(50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5195/City Funded Construction Contract.docx—revised 04/2016 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT,as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered,or any part thereof unencumbered,shall be made thirty-five (35).days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided,however,that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law,each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR,who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any,to be set forth in CONTRACTOR's affidavit covering disputed claims, 12 16-5195/City Funded Construction Contract,docx—revised 04/2016 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. s The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement,and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall,as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx—revised 04/2016 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq,shall apply to the performance of this Agreement;thereunder, not more than eight(8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight(8)hours of labor per day or forty(40)hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 16-5195/City Funded Construction Contract.docx—revised 04/2016 (I)calendar day or forty(40)hours in any one(1)calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number,work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman,apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, Iosses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature,however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx—revised 04/2016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/City Funded Construction Contract.docx—revised 04/2016 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend,hold harmless and indemnify CITY,CONTRACTOR shall obtain and furnish to CITY,a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not Iess than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees,agents,and volunteers(the"Additionally Insured Parties")as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx—revised 04/2016 26. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30)days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10)days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contract.docx—revised 04/2016 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10)days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR,CITY may elect not to terminate this Agreement;in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven(7)calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience,the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx—revised 04/2016 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement,or any part hereof,or any right or duty created herein,without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES:RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100)for every Stop Notice filed in excess of two(2),regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 20 16-5 195/City Funded Construction Contract.docx—revised 04/2016 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach US Builders and Consultants Inc. ATTN:David E. Fait , Public Works ATTN: Tamer Awad 2000 Main Street 42 Sorreto Huntington Beach, CA 92648 Irvine, California 92614 35. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions,and do not interpret,define,limit or describe,orr construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/City Funded Construction Contract.docx—revised 04/2016 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to I-luntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the 22 16-5195/City Funded Construction Contract.docx—revised 04/2016 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/City Funded Construction Contract.docx—revised 04/2016 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation,and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements,promises,agreements or warranties,oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Construction Contract.docx—revised 04/2016 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on p r 0,64, 1Q4±1 20 . r6 n 4p h.er- .i &',A42q CONTRACTOR: CITY F TING ON BEACH,a municipal torpor t to of California By: liL 1° 3e— . —�' Mayor (print am q6714-414,140 ITS: Chairman/President Vice-Preside City Clerk 1111�1,2* (circle one) INITIATED AND P V . , AND By: I Director of Public Works (prr name REVIEWED AND AP ROVE : ITS: Secretar Chief Financial Officer / Asst. Secretary/Treasurer (circle one) re City Manag r APPROVED RM: City A omey 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 k7( hsil-'A-' SECTION C PROPOSAL FOR TI lE STORM WATER PUMP STATION FACILITIES (ROOF, DOORS, AND LOUVERS) REPLACEMENT AND IMPROVEMENT AT PUMP STATIONS: BANNING, HAMILTON, NEWLAND, MARILYN, SCENARIO, YORKTOWN, AND SLATER CC NO. 1739 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 a) s z.,��_ �a `, starting from the date of the Notice to Proceed with Work after materials are procured. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Exhibits, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE GI 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. 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 in the amount of which said amount is not less than 10% of the aggregate of the total bid price,as required by the Notice Inviting Sealed 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: Addendum No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE A c`��'FN. REPLACEMENT AND IMPROVEMENT OF ROOF, DOORS,AND LOUVERS _ s AT PUMP STATIONS: BANNING, HAMILTON, NEWLAND, MARILYN, - SCENARIO,YORKTOWN,AND SLATER v1c`"c9cw,�ca���`� CC-1739 BID ITEMS Item Approxima Total Cost No. Description to uanti Unit Unit Cost Q ty (Extension) I Mobilization(Limited to 6%of Total Bid) 1 LS $32,800 PROVIDE ALL LABOR AND MATERIALS TO REMOVE, DISPOSE OF, AND REPLACE ROOF 2 PER SPEC AND APPROX. SF. (This item includes allowances for replacement of 100% of fascia boards and 6 sheets of 4' x 8' x 5/8" thick plywood at each station.A schedule of values will be required) 2.a BANNING(1,650 SF,170 LF of Fascia) I LS $80,000 2.b HAMILTON(1,375 SF,160 LF of Fascia) 1 LS $75,000 2.c NEWLAND(1,250 SF,150 LF of Fascia) 1 LS $70,000 2.d MARILYN(1,000 SF,130 LF of Fascia) 1 LS $65,000 2.e SCENARIO(800 SF,120 LF of Fascia) 1 LS $60,000 2.f YORKTOWN(750 SF,112 LF of Fascia) 1 LS $55,000 PROVIDE ALL LABOR AND MATERIALS TO REMOVE AND DISPOSE OF EXISTING OPENING 3 ENCLOSURES AND FURNISH AND INSTALL NEW EXTERIOR STEEL DOOR(S) PER SPECIFICATIONS 3.a BANNING Steel Door(1—single 36"x 80") 1 EA $2900 $2900 3.b BANNING Steel Door(1—92"x 117"total opening) 1 EA $6000 $6000 3.c SCENARIO Steel Door(1—40"x 81") 1 EA $3000 $3000 3.d SCENARIO Double Steel Door(1—72"x 81") 1 EA $4800 $4800 3.e YORKTOWN Steel Door(1—40"x 81") 1 EA $3000 $3000 3.f YORKTOWN Double Steel Doors(2—76"x 81") 2 EA $,)0,000 $5000 C-3 3.g .SLATER Steel Doors(3—40"x 81") 3 EA $9000 $3000 3.h SLATER Steel Roll Up Doors(8—94"x 123") 8 EA $7000 $56,000 PROVIDE ALL LABOR AND MATERIALS TO REMOVE AND DISPOSE OF EXISTING OPENING 4 ENCLOSURES AND FURNISH AND INSTALL NEW LOUVERED DOORS AND LOUVERS PER SPECIFICATIONS 4.a BANNING Louvers(4-48"x 72") 4 EA $3000 $12,000 4.b HAMILTON Louver(1—673h"x 80''A") 1 EA $2800 $2800 4.c HAMILTON Louver(1-71''Yz"x 80.''A") 1 EA $3000 $3000 4.d NEWLAND Louvers(7-24"x 40") 7 EA $2200 $15,400 4.e MARILYN Louver(I-47"x 71") 1 EA $2500 $2500 4.f MARILYN Louvers(3—32"x 51") 3 EA $7200 $2400 4.g YORKTOWN Louver(1—56"x 80") 1 EA $2200 $2200 4.h YORKTOWN Louver(1—48"x 48") 1 EA $2000 $2000 • TOTAL BID AMOUNT(BASIS OF.AWARD)—SCHEDULE A $579,600 TOTAL BID AMOUNT IN WORDS: Five hundred seventy nine thousand and six hundred Note: Refer to Section 7-3,Measure and Payment for description of each Item on Bid Schedule All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension,the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-4 • 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 at least 50% of the total work and the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 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 ono2/29/2024 ,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 and 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 and Consultants Inc. Name of Bidder • _ re o 126 Desert Lotus , Irvine , CA 92618 Address of Bidder C-6 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 STORM WATER PUMP STATION FACILITIES (ROOF, DOORS, LOUVERS) REPLACEMENT & IMPROVEMENT AT BANNING, HAMILTON, NEWLAND, MARILYN, SCENARIO, YORKTOWN, AND SLATER PUMP STATIONS, (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, 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 and Consultants Inc. Contractor Tamer Awad By Vice President Title Date: 02/29/2024 C-7 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? O Yes El 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-8 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 and Consultants Inc. Contractor Tamer Awad By Vice President Title Dale: 02/29/2024 C-9 BIDDER'S PROJECT HISTORY For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Construction of(or rehabilitation of existing) roofs for City"). Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address, and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. City of San Bernardino Name and Address of Public Agency Name and Telephone No. of Project Manager: Ziad Mazboudi ,(626) 532-2018 $819,983 Interior& Exterior Renovations 04/25/23 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Flooring, Drywall, Electric, and Plumbing 2. Long Beach Community College District,4901 E. Carson Street-G21 I Long Beach, CA 90808 Name and Address of Public Agency Name and Telephone No. of Project Manager: Slemos ,(562) 242-4410 $157,000 Renovations 10/15/2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Renovation Project having Drywall, Painting, Flooring, Electric 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) 639-0568 $113,400 Finishing work& Renovations 01/15/2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Flooring, Drywall, Electric, and Concrete c-12 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 (7 1 4 ) 3 17 - 8 4 0 2 tamer c(Dus-builders.com Telephone Number Email Address 1067739 Type A&B State Contractor's License No. and Class 12/18/2020 Original Date Issued 12/31/2024 Expiration Date The work site was inspected by Tamer Awad of our office on 02/29 , 20224 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. US Builders and Consultants Inc. Company Name Signature of Bi Tamer Awad Printed or Typed Signature c-Io NOTARY CERTIFICATE Subscribed and sworn to before me this 29 day of February ,2024 . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 02/29/2024 before me, 1--NiAl CarYii"e l/ / N4 �(/14/C Month, Da and Year Insert Name and Title of Nota Y, ry personally appeared / '/key- AWQ 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. - - - - - - - - - l TERRY CORMIER 's:4. --.a.', COMM. #2456406 z `= -'-�4 NotaryPublic•California ,8 `r.ri! Orange County 1 �o,U,0 Y Comm.Eyires Au$1,2027/ Signature --1::‘, (r'. .._ Si c_______Oafore of Notary Public (PLACE NOTARY SEAL ABOVE) c-ll 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 and Safety Project: $113,400 Renovations 01/15/2023 Phase 3 Project Name&Contract Amount Type of Work Date Completed Project no. 13476-ADA restroom renovationsat Paul Villasenor Library and Howard Rowe Library $81 Q,9R3 Renovations 04/25/23 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: Renovations 01/15/2023 Phase 3 $113.400 Project Name&Contract Amount Type of Work Date Completed Project no. 13476-ADA restroom renovationsat Paul Villasenor Library and Renovations Howard Rowe Library $819,983 04/25/23 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 C-13 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854(citing Labor Code Section 1771.1(a)),passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis(each July 1 through June 30 state fiscal year)with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is $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;Publict\ork.SBa54.html DIR's Contractor Registration Link—Call(844)522-6734 hops:/ www.dir.ca. •public-works;contractor-reuistration.html DIR's Contractor Registration searchable database: https:/;cadir.mv.salesforce-sitcs.com/ContractorScarch 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'lnc. Contractor Tamer Awad By tamer@us-builders.com Email Vice President Title Date: 02/29/2024 PWC Registration #: 1000756487 c-14 • CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: US Builders and Consultants Inc. PROJECT:C( -1719 Storm Water Pucnp Station (Contractor Name) Roof and Facilities Improvements-Bond Forms 126 Desert Lotus, Irvine, CA 92618(Street Address) (City,State and Zip) TO: CITY OF HUNTINGTON BEACH DECLARATION Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach("City")and the above-named Contractor("Contractor")for the above-described project("Project"). I declare under penalty of perjury under the laws of the State of California that the above statement Is true and correct. Signed on October 16th . ,2024•at Irvine,CA (Date) (City,State) (Si a re of In vidual Who is Making Declaration) • G WARRANTY Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the insurance requirements of the Contract for the Project. Said insurance shall be maintained through and until the expiration of all Warranties provided by Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185,naming City as an additional insured. Contractor shall supply to City,on at least an annual basis,a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. Signed on October 16th ,2024,at Irvine,CA (Date) (City,State) CONTRACTOR:' Name: US Builders and Consultants Inc. • i By Name: Tamer Awad,Vice resident II 2776212 ie, I/ , ® DATE(MMIDDIYYYY) AR o CERTIFICATE OF LIABILITY INSURANCEE 9/30/2024 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 pollcy(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 NAME: Dominic Hernandez Burnham Risk&Insurance Solutions PHONE( FAX 15901 Red HiII Ave,Ste 100 (EgqlIc.No.Eel):714-824-8301 wc.Not:714-573-1770 Tustin CA 92780 Al as: Dominlc.Hernandez@wgbib.com. INSURER(S)AFFORDING COVERAGE NAIC# Llcense/i:0F69771 INSURER A:Gemini insurance Company 10833 INSURED USBUILD-02 INSURERS:Scottsdale Insurance Company 41297 U.S.Builders&Consultants,Inc.42 Sorrento INsuRERcc State Compensation Insurance F 35076 Irvine CA 92614 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:712265681 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP vivo INSD vo POLICY NUMBER (MMIDD/YYYYI IMMN YI DIYNY A X COMMERCIAL GENERAL LIABILITY VCGP031990 6/5/2024 6/5/2025 EACH OCCURRENCE 51,000,000 DAMAGCLAIMS-MADE n OCCUR PREMISES(EnENTED occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL S ADV INJURY $1,000,000 GEN L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY X FM- ri LOG PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY VCGP031990 6/5/2024 6/5/2025 (CE8881cNergiiNGLELIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED ^SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE S AUTOS ONLY _ AUTOS ONLY (Per accident) $ B UMBRELLALIAB X OCCUR XLS2004495 6/5/2024 615/2025 EACH OCCURRENCE $3,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED RETENTION$ $ C WORKERS COMPENSATION Y 9321459 7/20/2024 7/20/2025 X I STATUTE OTH- ER AND EMPLOYERS'LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE Y N IA E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED? I I (Mandatory In NH) E,L.DISEASE-EA EMPLOYEE $1,000,000 E yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more RORAY:6tn)AS TO FORM Certificate holder Is named as additional Insured on the General Liability per attached CG20100413,CG20370413,CG20181219,C 2 19 as required by written contract subject to the terms and conditions of the policy. Waiver of Subrogation applies to the General Liability per attached CG24041219 BY. Primary and Non-Contributory applies on the General Liability per attached VE09730420 MICHAEL E.GATES Umbrella Liability Schedule of Underlying:General Liability&Auto Liability y CITY ATTORNEY Waiver of Subrogation applies to the Workers Compensation Certificate Vesting:City of Huntington Beach,its officers,elected or appointed officials,employeetyOn@Fl jcil alitiOirsON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street P.O.Box 190 AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 .~. (/t..___ 1 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2018103) The ACORD name and logo are registered marks of ACORD Policy Number VCGP031990 CG 2010 0413 Insured Name: US Builders&Consultants Inc Number: 50 Effective Date: 1011012024 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 CC-1739 Storm Water Pump Station Roof and appointed officials,employees,agents and Facilities Improvements volunteers. • 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 2. If coverage provided to the additional to include as an additional insured the insured is required by a contract or person(s) or organization(s) shown in the agreement,the Insurance afforded to such Schedule, but only with respect to liability for additional insured will not be broader than "bodily injury","property damage"or"personal that which you are required by the contract and advertising injury" caused, in whole or in or agreement to provide for such additional part,by: Insured. 1. Your acts or omissions;or B. With respect to the Insurance afforded to 2. The acts or omissions of those acting on these additional insureds, the following additional exclusions apply: your behalf; in the performance of your ongoing operations This insurance does not apply to"bodily injury" for the additional insured(s) at the location(s) or"property damage"occurring after: designated above. However: 1. The Insurance afforded to such additional Insured only applies to the extent permitted by law;and • CG 2010 0413 ©insurance Services Office.Inc.,2012 Page 1 of 2 1. All work,.including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed;or 2. That portion of"your work"out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured Is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. CG 20 10 04 13 ©Insurance Services Office,Inc.,2012 Page 2 of 2 Policy Number:VCGP031990.` CG 20 37 0413 Insured Name: US Builders&Consultants Inc Number: 51 Effective Date:10/1012024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Name Of Additional insured Person(s) Location And Description Of Completed Or Organization(s): Operations City of Huntington,Beach,its officers,elected or CC-1739 Storm Water Pump Station Roof and appointed officials,employees,agents and Facilities Improvements volunteers: • 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 2. If coverage provided to the additional • to include as an additional insured the insured is required by a contract or person(s) or organization(s) shown in the agreement,the insurance afforded to such Schedule, but only with respect to liability for additional insured will not be broader than "bodily injury"or"property damage"caused,in that which you are required by the contract whole or in part,by"your work"at the location or agreement to provide for such additional designated and described in the Schedule of Insured. this endorsement performed for that additional Insured and included in the "products- completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following is added to However: Section III—Limits Of Insurance: 1. The insurance afforded to such additional if coverage provided to the additional insured insured only applies to the extent is required by a contract or agreement, the permitted by law;and most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or 2. Available under,the applicable Limits of Insurance shown in the Declarations; CG 20 37 0413 ©Insurance Services Office,Inc.,2012 Page 1 of 2 whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 0 Insurance Services Office,Inc.,2012 Page 2 of 2 Policy Number:VCGP031990 VE 09 73 04 20 Insured Name: US Builders&Consultants Inc Number: Effective Date: 06/05/2024 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 The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other Commercial General Liability insurance available to an additional insured under your policy,but only if: (1) The additional insured is a Named Insured under such other Commercial General Liability insurance;and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other Commercial General Liability Insurance available to the additional insured. Coverage granted to an additional insured remains subject to all terms, conditions, limitations, and exclusions set forth in the endorsement form that conferred the additional insured status. In the event of conflict between this endorsement and an endorsement conferring additional insured status, then the endorsement conferring additional insured status shall govern the scope of coverage available to the additional insured. All other terms and conditions of this Policy remain unchanged. • • VE 09 73 04 20 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission I r Policy Number:VCGP031990 CG 20 12 12 19 Insured Name: US Builders&Consultants Inc Number: Effective Date:0610512024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule State Or Governmental Agency Or Subdivision Or Political Subdivision: Any qualifying entity when you have agreed in a written and executed contract,prior to an "occurrence",that such qualifying entity be added as an additional insured on your policy Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or governmental agency or subdivision or political a. "Bodily injury", "property damage" or subdivision shown in the Schedule, subject to "personal and advertising injury" arising the following provisions: out of operations performed for the 1. This insurance applies only with respect to federalgovernment, state or m operations performed by you or on your munic cipality;or behalf for which the state or governmental b. "Bodily injury" or "property damage" agency or subdivision or political subdivision included within the "products-completed has issued a permit or authorization. operations hazard". However: B. With respect to the insurance afforded to these a. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent Section Ill—Limits Of Insurance: permitted by law; and If coverage provided to the additional insured is b. If coverageprovided to the additional required by a contract or agreement, the most g we will pay on behalf of the additional insured is insured is required by a contract or the amount of insurance: agreement, the insurance afforded to such additional insured will not be 1. Required by the contract or agreement;or broader than that which you are required 2. Available under the applicable limits of by the contract or agreement to provide insurance; for such additional insured. whichever is less. This endorsement shall not increase the applicable limits of Insurance. CG 20 1212 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 All other terms and conditions of this Policy remain unchanged. CG 20 12 12 19 ©Insurance Services Office, Inc.,2018 Page 2 of 2 Policy Number:VCGP031990 VE 01 8412 13 Insured Name: US Builders &Consultants Inc Number: Effective Date: 06/05/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS(S) GENERAL AGGREGATE LIMIT - SUBJECT TO A MAXIMUM AGGREGATE This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Designated Construction Project(s):All construction projects for which you have agreed in writing in a contract, prior to an occurrence that causes"bodily injury", "property damage"or"personal and advertising injury",to provide project specific limits. A. For all sums which the insured becomes legally obligated to pay as damages caused by`occurrences"under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of"bodily injury"or"property damage"included in the "products-completed operations hazard", and for medical 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". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any.other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. VE 01 84 12 13 Page 1 of 2 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 5. All payments under this endorsement are subject to the Maximum Aggregate Limit of: $ 5,000,000 The Maximum Aggregate Limit is the most we will pay under this endorsement regardless of the number of Designated Construction Project General Aggregate Limits. The Maximum Aggregate Limit Is not available to pay for damages or expenses other than as set forth in the endorsement. B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit,whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of"bodily injury"or"property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. if the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. E. The provisions of Section III—Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. VE01841213 Page2of2 Policy Number:VCGP031990 CG 24 0412 19 Insured Name: US Builders&Consultants Inc Number: Effective Date: 06/05/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Person(s) Or Organization(s): Any person or organization you have agreed in a written and executed contract,prior to an"occurrence", that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 Policy:VCGP031990 VE 04 11 09 13 Insured Name: US Builders &Consultants Inc Number: Effective Date:06/05/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Coverage Limits of Insurance Deductible Non-Owned Auto Liability $1,000,000 Each Occurrence Limit $25,000 Hired Auto Liability $1,000,000 Each Occurrence Limit $25,000 $1,000,000 Aggregate Limit A. HIRED AUTO LIABILITY The insurance provided under Section I. -Coverage A—Bodily Injury And Property Damage Liability applies to"bodily injury"or"property damage"arising out of the maintenance or use of a"hired auto"by you or your"employees"in the course of your business. • B. NON-OWNED AUTO LIABILITY The insurance provided under Section I.-Coverage A—Bodily Injury And Property Damage Liability applies to"bodily injury"or"property damage"arising out of the use of a"non-owned auto"by any person other than you in the course of your business. C. For the purposes of this endorsement only: 1. Exclusions b.,c.,e.,g., h.,j.,k., I.,m. and n.of paragraph 2., Exclusions of Section I.-Coverage A— Bodily Injury And Property Damage Liability do not apply. 2. The following exclusions are added to paragraph 2.,Exclusions of Section I. -Coverage A—Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury"or"property damage"for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement;or (2) Assumed in a contract or agreement that is an"insured contract", provided the"bodily injury"or "property damage"occurs subsequent to the execution of the contract or agreement. b. "Bodily injury"to: VE 0411 09 13 1 of 3 (1) An"employee"of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business;or (2) The spouse, child, parent, brother or sister of that"employee"as a consequence of paragraph(1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or In any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay the damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an"insured contract";or (2) "Bodily Injury"to domestic"employees"not entitled to workers compensation benefits. c. "Property damage"to: (1) Property owned or being transported by,or rented or loaned to the insured;or (2) Property in the care,custody or control of the insured. D. For the purposes of this endorsement only,WHO IS AN INSURED(Section II)is deleted and replaced by the following: SECTION II—WHO IS AN INSURED 1. Each of the following is an insured under this insurance to the extent set forth below: a. You. b. Any other person using a"hired auto"with your permission in the course of your business. c. With respect to a "non-owned auto", any partner or"executive officer" of yours, but only while such "non-owned auto"Is being used in your business. d. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under paragraphs a., b.or c. above. 2. None of the following is an insured: a. Any person engaged in the business of his or her employer with respect to "bodily injury" to any co- employee of such person injured in the course of employment, or to the spouse,child, parent,brother or sister of that co-employee as a consequence of such "bodily injury", or for any obligation to share damages with or repay someone else who must pay damages because of the injury. b. Any partner or "executive officer" with respect to any "auto" owned by such partner or officer or a member of his or her household. c. Any person while employed In or otherwise engaged in performing duties related to the conduct of an "auto business",other than an"auto business"you operate. d. The owner or lessee (of whom you are a sublessee)of a "hired auto" or the owner of a "non-owned auto"or any agent or"employee"of any such owner or lessee. e. Any person or organization with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. VE04110913 Page2of3 0 E. For the purposes of this endorsement only,the definition of"insured contract"in DEFINITIONS (Section V.)is amended by the addition of the following: 9. "Insured contract"means: g. That part of any contract or agreement entered into,as part of your business,pertaining to the rental or lease, by you or any of your"employees", of any"auto". However,such contract or agreement shall not be considered an"insured contract"to the extent that it obligates you or any of your"employees"to pay for"property damage"to any"auto"rented or leased by you or any of your"employees". F. For the purposes of this endorsement only,the following definitions are added to the DEFINITIONS Section: 1. "Auto business"means the business or occupation of selling, repairing, servicing,storing or parking "autos". 2. "Hired auto"means any"auto"you hire,rent or borrow.This does not include any"auto"you hire, rent or borrow from any of your"employees",your partners or your"executive officers',or members of their households. 3. "Non-owned auto"means any"auto"you do not own,lease, hire, rent or borrow which is used in connection with your business.This includes"autos"owned by your"employees",your partners or your "executive officers",or members of their households,but only while used in your business. This does not include"autos"owned, leased, hired, rented or borrowed by any subcontractor working on your behalf. G. The Each Occurrence and Aggregate Limits of Insurance set forth above are the most we will pay regardless of the number of"hired autos", "non-owned autos", claimants or insureds involved. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. The Limits of Insurance designated in this endorsement in the Schedule above are included in,and are not in addition to,the Limits of Insurance shown in the Declarations. H. The coverage provided by this endorsement is excess over any other insurance, whether primary, excess, contingent or on any other basis. Any insurance available to the owner or driver of a "non-owned auto" or "hired auto"shall be considered primary. VE04110913 Page3of3 ❑ • Bond No.GSA0700052 ORIGINAL ISSUED IN DUPLICAA . Premium:$14,490.00 Subject to Change Based on the Final Contract Price PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City")has, by written agreement dated 20_,entered into a contract with. U.S.Builders&Consultants,Inc. 42 Sorrento,Irvine,CA 92614 (name and address of Contractor) i .. (hereinafter referred to as"Principal"),for performance of the work described as follows: Storm Water Pump Station Facility Improvements Project;CC-1739 • (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 . The Gray Casualty&Surety Company P.O.Box 6202,Metairie,LA 70009-6202 (name and address of Surety) • as Surety,are held and firmly bound unto City in the penal sum of Five Hundred Seventy Nine Thousand Six Hundred and 00/100----- =—=- Dollars($579,600.00 - ----. ),this amount being not less than one hundred percent of the price set forth in • the Contract,in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind:ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. . - THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly,fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time;and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as"Obligees")fromany and all losses, liability and damages, claims,judgments,stop notices,fees and costs of every description,whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations:of the Contract,including all alterations,amendments and modifications thereto,and:any warranties or guarantees required thereunder,then:this obligation shall be void;otherwise,it shall be and shall remain in full force and effect. Surety stipulates and agrees;for value received,that no adjustment of the time or price in the Contract or any alteration,change,deletion,addition or other modification to the Contract,or the work to be performed thereunder,shall in any way affect,limit,restrict,impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price,and any other alteration,change, deletion,addition or other modification to the Contract,or the work to be performed thereunder,and agrees 15-4584/117174 Bond No. GSA0700052 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: October 11th,2024 ATTEST U.S.Builders&Consultants,Inc. (Corporate Seal) (Principal Name) ey:�urvt,(� l Name: Title: UA Cr= ATTEST Y,d Sr The Gray Casualty&Surety Company (Corporate Seal) 5J '• •' ' (Surety Name) „Pr •F�;, Suret • SEAL •ot: Y. NaegnatureornynFcrSuret hristina Rogers, in-Fact ;• aac of Att y) (Attach Attorney-in-Fact Certificate) :: •••• . (504)888-7790 = (Area Code&Telephone Number for Surety) APPROVED AS TO F ✓ Michael E.Gates,City Attorney Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. PERFORMANCE BOND Page 2 of 2 1 5-4584/1 1 71 74 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Gic4r'�y� On ) G /� 2-V before me, /'c V 1114/I9K- M 4 �(/Y//C (here insert name and title of the offi r) personally appeared /Q`'L<)r Aj f J a c 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. „2.7 � TERRY CORNIER �• '�s� COMM. ol2456406 • �' i Notary Pubiic-California o WITNESS my hand and official seal. Z t� Orange Count ''M Comm.E x ices Au Y 1 2027 ' Signature / (Seal) 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 document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment 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. 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 OCT 1 1 2024 before me, Melissa A. Lopez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Christina Rogers Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*) whose name(s) is/are subscribed to the within instrument and acknowledged to me that Ivishe/i1 it executed the same in j/her/t[jcauthorized capacity(iees),and that by /her/th istsignature0s)on the instrument the person(s), 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 offic': -al. MELISSA A.LOPEZ ` `•` ' Public•California s ' �; Nota^� W orange County Signature : 'a'' - ^ Commission#23630,5 Z My Comm.Expires Jun 28.2025 Signatur: of tary P 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: H Corporate Officer — Title(s): 'A Corporate Officer — Title(s): -1 Partner — ❑ Limited ❑ General Cl Partner — ❑ Limited CLi General r`i Individual ❑Attorney in Fact ❑ Individual ri Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee C7 Guardian or Conservator LI Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 • Performance Bonding 08/07/2024 15:21 3 33198(64026 • THE GRAY INSURANCE COMPANY THE GRAY CASUALTY&SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: GSA0700052 Principal: U.S.Builders&Consultants,Inc. . Project: Storm Water Pump Station Facility Improvements Project;.CC-1739 • • KNOW.ALL BY THESE PRESENTS,THAT The Gray Insurance:Company and The Gray Casualty&Surety Company,corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do hereby make,constitute,and appoint:Melissa Lopez,Vanessa Ramirez,Jonathan Batin,Zyanya Hernandez,Jennifer Anaya,Joaquin Perez,Albert Melendez;Chrisina Rogers,Frederic M.Archerd,Jr.,Mary Martha Langley,Martha Barreras,Yu Cheng Chiang,and Erik Johansson of Tustin,California jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver, for and on its behalf and as its deed,bonds,or other writings obligatory in the nature of a bond,as surety,contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $25,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty& Surety.Company at meetings duly called and held on the 26`h.day of June,2003. "RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and to attach the seal of the Company;and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto affixed and these presents to be signed by their authorized officers this:4th day of November,2022. . `tU I.:;Nti �: .�tw 44 f laSA2� .. o4 ' y SEAL rj By: rli SEAL '0r . ',,m� �., Michael T.Gray : �•a> yk .44sCullen S.Piske ate•.. :.. 1 President �1,�4. * w:= President }, The Gray Insurance Company The Gray Casualty&Surety Company State of Louisiana. ss: . Parish of Jefferson - On this 4th day of November,2022,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance Company,and Cullen S.Piske;President of The Gray Casualty&Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorneyy and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. Leigh Anne Henican •- .: p„. e�Notary Public *..s„' Leigh Anne Henican '�y"/ Notary ID No,92653 Notary Public,Parish of Orleans State of Louisiana Orleans.Parish,Louisiana My Commission is for Life I,Mark S.Manguno,Secretary of The Gray Insurance Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is:still in full force and effect..IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Company this 11th day of October. , 2024 044% . . I,Leigh Anne Henican,Secretary of The.Gray Casualty&Surety Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect.IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Company this 11th day of October , 2024 ` uRnN . • Qf. ��„ash° LOW>✓P�VQ �' , � R, \r y� A../ tiis Yar V \ ` R ' s: SEL � SEAL THE Eh] TRAY SURETY The Gray Insurance Company The Gray Casualty&Surety Company Telephone: 504-780-7440 P.O. Box 6202 info@graysurety.com Metairie, LA 70009 Surety Bond Seal Addendum In response to the logistical issues associated with the Covid-19 pandemic,The Gray Insurance Company and The Gray Casualty &Surety Company, (individually, the "Company" and collectively,the "Companies") have authorized the Attorneys-in-Fact named on the Power of Attorney attached hereto and incorporated herein by reference to affix the Companies' seal to any bond executed on behalf of the Companies by any such Attorney-in-Fact by attaching this Addendum to said bond. To the extent this Addendum is attached to a bond that is executed on behalf of any of the Companies by such Attorney-in-Fact, each Company hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond. Dated this 1st Day of January 2021 URA _J.Sa B `a 5,......,Np ..cc; '`o . r. —— '1F. er SEAL SEAL r�a., i.dt. ?!•............�! I:y'r`••......... r � By: Cullen S. Piske President, The Gray Casualty &Surety Company Attorney-in-Fact, The Gray Insurance Company ORIGINAL ISSUED IN DUPLICATE Bond No.GSA0700052 Premium Included in Cost of the 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 U.S.Builders&Consultants,Inc. 42 Sorrento,Irvine,CA 92614 (name and address of Contractor) (hereinafter referred to as"Principal"),a contract("Contract")for the work described as follows: Storm Water Pump Station Facility Improvements Project;CC-1739 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies,such as from A.M. Best, Moody's or Standard&Poor's,to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE,we,the undersigned Principal,and The Gray Casualty&Surety Company P.O.Box 6202,Metairie,LA 70009-6202 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Five Hundred Seventy Nine Thousand Six Hundred and 00/100 dollars($579,600.00 ),this amount being not less than one hundred percent(100%)of the total price set forth in the Contract,in lawful money of the United States of America,for the payment of which sum,well and truly to be made,we bind ourselves,and each of our heirs, • executors, administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her,or its heirs,executors, administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code("Claimants")for all labor,materials or services used or reasonably required for use in performance of the work described in the Contract,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant,or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code,or any amounts required to be deducted,withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract,Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. PAYMENT BOND Page 1 of 2 1 5-4 584/1 1 735 7 Surety stipulates and agrees,for value received,that no change,extension of time,alteration, addition or modification to the terms of the Contract,or any contract document or any work to be performed thereunder, whether made after notice or not,shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, extension of time,alteration,addition,or modification to the terms of the Contract,the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code§§ 2845 and 2849. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly 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: October 11th,2024 ATTEST U.S.Builders&Consultants,Inc. (Corporate Seal) (Principal Name) By: f Nam •Title: / c C"vZ'S j O( ATTEST Y d The Gray Casualty&Surety Company (Corporate Seal) SP� �•' (Surety Name) O .���\ Suret I By Q. SEAL :o;;N e: Christina Rogers, t rr� in-Fact (Signature of Attome -in- a for Surety) (Attach Attorney-in-Fact Certificate) 1 ... .' Y/ (504)888-7790 •!'••• (Area Code&Telephone Number for Surety) APPROVED AST M: By: • hael E.Gates, ity ttorney Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. PAYMENT BOND Page 2 of 2 15-4584/117357 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT .o�EaME�,.R�EaME„ o�EWME, K M ,ME,..omEW.E�,MEaME,u. . a..�,,„ ako�E�ME,.�„E�EM.K��,E�,E. K , .M,...owEaME�.. owEaME..<��,EWME.,..,aw,EaME,.Kow,E�.EMM.o�EaMEMM.�,EaM�„FEE, 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 f the truthfulness,accuracy,or validity of that document. State of California County of YQ, On /%y 2C/ before me, / 6f�/ /v'4� (here insert name an title of the offi r) personally appeared 9 Ar /iw4'G/ W 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. �'•.• TERRY CORMIER c =.r COMM. #2456406 z x :+ ±�.,; Notary Public-California o WITNESS my hand and official seal. ? Tji Orange County .fy^• M Comm.Ex.ires Aur. 1,2027 Signature (Seal) ,u33w9o31MonII .x3w9a3,..M.113mw3inoxsr1.11903ww.DnN3w19w1MOMIDn11.903uw1.,... ,1.. .11.9031.100.3WO3,MoNv3V1.19a31M0H10iw3wxavwxnvx3n.„MONMNIN IO03,.an,rir4,w9,331IMMOVINM9.13,mox.Tv.an....MON"v.ren9a„m«mv.u,w9031.1nvu+3.33wOMOVIN,w9a3,..NMI 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 document and may prove useful to persons relying on the attached document. Description of Attached Document Additional Information The preceding Certificate of Acknowledgment 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. 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 OCT 1 1 202�i before me, Melissa A. Lopez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Christina Rogers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/awe subscribed to the within instrument and acknowledged to me that heishe/ilitem executed the same in Ili /her/th cauthorized capacity(ies),and that by /her/( signature(x)on the instrument the person(s), or the entity upon behalf of which the person(6) 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. E ,y MELISSAA.LOPEZ WITNESS my hand and official .-. Notary Public.California t Orange County, Signature �y1� 1�1�N Commission:2's6:OSi My Comm.Expires Jun 28.202_ Signature o A •ta Publ g 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: 1.1 Corporate Officer — Title(s): LI Corporate Officer — Title(s): Fl Partner — ❑ Limited ❑ General ri Partner — Li Limited [I General ❑ Individual ❑Attorney in Fact ❑ Individual -i Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator J Other: Li Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 Performance Bonding 08/07/2024 15:21 333198(64026 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY&SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: GSA0700052 . Principal: U.S.Builders&Consultants,Inc. Project: Storm Water Pump Station Facility Improvements Project;CC-1739 KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety Company,corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do hereby make,constitute,and appoint:Melissa Lopez,Vanessa Ramirez,Jonathan Batin,Zyanya Hernandez,Jennifer Anaya,Joaquin Perez,Albert Melendez,Chrisina Rogers,Frederic M.Archerd,Jr.,Mary Martha Langley,Martha Barreras,Yu Cheng Chiang,and.Erik Johansson of Tustin,California jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver, for and on its behalf and as its deed,bonds,or other writings obligatory in the nature of a bond,as surety,contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $25,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company.and The Gray Casualty& Surety Company at meetings duly called and held on the 26`h day of June,2003. "RESOLVED,that the President,Executive Vice President,any Vice President;or the Secretary be and each or any of them hereby is authorized to execute:a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and to attach the seal of the Company;and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is attached: IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto affixed and these presents to be signed by their authorized officers this 4"day of November,2022. - j0/0 �f SEAL 10, s BY =`f SEAL b4 k Michael ;°; a? y �" Cullen S.Piske r * President President •• --- The Gray Insurance Company The Gray Casualty&Surety Company State of Louisiana. ss: . Parish of Jefferson On this 4`h day of November,2022,before me,a Notary Public,personally appeared Michael.T.Gray,President of The Gray Insurance Company,and Cullen S.Piske,President of The Gray Casualty&Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. • UW/UZ OVA • C Leigh Anne eig Henic � n a, P. ,;ty Notary Public / Notary ID No.92653 Leigh Anne Henican Orleans Parish,Louisiana Notary Public,Parish of Orleans State of Louisiana My Commission is for Life I;Mark S.Manguno,Secretary of The Gray Insurance Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect.IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Company this 11th day of October. , 2024 I,Leigh Anne Henican,Secretary of The Gray Casualty&Surety Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect.IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Company this 11th day of October. , 2024 Lap ^^NO Ulf • j SEAL £ g: SEAL 'p �+� sks 4 THE Eth TRAY SURETY The Gray Insurance Company The Gray Casualty&Surety Company Telephone: 504-780-7440 P.O. Box 6202 info@graysurety.com Metairie, LA 70009 Surety Bond Seal Addendum In response to the logistical issues associated with the Covid-19 pandemic,The Gray Insurance Company and The Gray Casualty &Surety Company, (individually, the "Company" and collectively,the "Companies") have authorized the Attorneys-in-Fact named on the Power of Attorney attached hereto and incorporated herein by reference to affix the Companies' seal to any bond executed on behalf of the Companies by any such Attorney-in-Fact by attaching this Addendum to said bond. To the extent this Addendum is attached to a bond that is executed on behalf of any of the Companies by such Attorney-in-Fact, each Company hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond. Dated this 1' Day of January 2021 aSU.. . Y 6 q,. " SEAL _ `t SEAL :" r, �'' f 3 .Ji — a.. .. By: Cullen S. Piske President,The Gray Casualty &Surety Company Attorney-in-Fact, The Gray Insurance Company RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) %, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: i//bl/2t2y SUBJECT: Bond Acceptance I have received the bonds for N5. 61,r%/G I2S -tlo'Y)c/I.? //t, z.. (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) /� Performance Bond No. b.SA-d-D Oil 2. Payment Bond (Labor and Materials) Bond No. 75Q''OO()521 Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved l i IZ02i-I (Council Approval Date) CC No. FILO Agenda Itcm No. 04-1- 33(0 MSC No. City Clerk Vault No. (ODD. 50 Other No. SIRE System ID No. l/14'c1S(2, g:/forms/bond transmittal to treasurer BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, U.S. Builders& Consultants, Inc. as Principal, and Merchants Bonding Company(Mutual) as Surety, are hereby held and firmly bound unto City of Huntington Beach as OWNER in the penal sum of Ten Percent of Amount Bid ( 10% for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this 28th day of February 2024 • The Condition of the above obligation is such that whereas the Principal has submitted to City of Huntington Beach a certain BID, attached hereto and hereby made a part hereof enter into a contract in writing for the STORM WATER PUMP STATION FACILITIES (ROOF, DOORS,AND LOUVERS) REPLACEMENT AND IMPROVEMENT AT PUMP LOCATIONS: BANNING. HAMILTON, NEWLAND, MARILYN, SCENARIO,YORKTOWN &SLATER, CC No. 1739 NOW THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attachment hereto (properly completed in accordance with said BID) and shall furnish a BOND for faithful performance of said contract, and for the payment of all persons performing labor and/or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise that same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. U.S. Builders&Consultants, Inc. Principal By: Merchants Bonding Company(Mutual) • Qj• • • Op ... •. Surety :,&:G0 4�c�►;y'` • :3• By: •v . 1933 :�,; piA -In-Fa Christie a .00.fte • •. IMPORTANT- Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Power of Attorney must be attached. 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 FEB 2 8 2024 before me, Albert Melendez , Notary Public, personally appeared _ Christina Rogers who proved to me on the basis of satisfactory evidence to be the person(x) whose name() is/ate subscribed to the within instrument and acknowledged to me that lie/she/tly executed the same in his/her/th'eir authorized capacity(igs), and that by l ls/her/their signature(s) on the instrument the person(), or the entity upon behalf of which the person(g) 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. • Notary • ALBERPulic brLENDEI -California z ,5- Orange County Commission a 2391461 - WITNESS my hand and official seal. My Comm.Expires Jan 23,2026 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: Document Date: Number of Pages: Signer(s) Other than Named Above: MERCHANT,. 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, Christina Rogers Surety Bondit Bid Bond Principal: U.S. Builders& Consultants, Inc. - Obligee: City of Huntington Beach • their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) 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 adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "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 horny hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages end/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. tt 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 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 Comoanies have caused this instrument to be sinned and sealed this 28th day of February , 2024 . ••..■■.■...... .••••. ��.•Pt10 Nq�••.•• ••O�%G zo'•., MERCHANTS BONDING COMPANY(MUTUAL) ge col O▪ RP�e4••�G' ,7▪APQ9gA9y: MERCHANTSd/b/a MRCHANTS NATIONAL IN, COMPANY• I 2003 •a 1933 ••c;�•a By. . .5, ...... STATE OF IOWA 47(11°77 '••.,. ■■.••• .' President COUNTY OF DALLAS ss. On this 28th day of February,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. ��RtAt PENNI MILLER 0 Fi Commission Number 787952 z 1r My Commission Expires • •,.�. January 20,2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,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 28th day of February ,2024 . ••• •. '�•• .'t:+ >,;:Z; ; 'G '��►t :• ztf v 2003 :. a• .AS .y 1933 e• Secretary • 0"• • ; POA 0018 (1/24) ... MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY(MUTUAL) • P.O. BOX 14498 • DES MOINES, 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) •05 Co41. •Z: �•3 • : y 1933 ; • ti. • /(177 By: 7� Larry Taylor,President US Builders and Consultants Inc. 126 Desert Lotus Irvine, CA 92618 rt},of F/untin�ton Pcact,J'ub)ic tT'orts I�; ,-, :,+Alain Street irr' is r;s:c, i 'L`.r; City of Huntington Beach OFFICIAL BID SECURITY-DO NOT OPEN Project Name:Storm Water Pump Station Facilities(Roofs,Doors,Louvers)Replacement &Improvement at Banning,Hamilton,Newland,Marilyn,Scenario,Slater,and Yorktown Pump Stations,CC#:1739 Bid Opening Date:February 29,2024 at 2:00 p.m. City of Huntington Beach Public Works Office, 2000 Main Street HUNTINGTON BEACH, CALIFORNIA 92648 °,4��NT!�'Go'�� City of Huntington Beach FFGR ° 9 2000 Main Street • Huntington Beach, CA 92648 =a (714) 536-5227 ♦ www.huntingtonbeachca.gov tkk o o,0a Office of the City Clerk "oUNr? CP�ogo Robin Estanislau, City Clerk November 1, 2024 US Builders and Consultants Inc. Attn: Tamer Awad 42 Sorreto Irvine, CA 92614 Re: Storm Water Pump Station Facility Improvements Project—CC-1739 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 714-536-5517. Sincere) , 41614441ati'd Robin Estanislau, CMC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copy of insurance Original bid bond Sister City: Anjo, Japan ��N�tINGTo,II 2000 Main Street, OQ ,•'ypPPbp,j'•,:Y� Huntington Beach,CA . • 92648 = City of Huntington Beach 9T _ = APPROVED 7-0 UNTV GPI\ File #: 24-336 MEETING DATE: 9/17/2024 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: David Fait, Construction Manager Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with US Builders and Consultants Inc. in the amount of$579,600 for the Storm Water Pump Station Roof and Facilities Improvements Project, CC-1739 and appropriation of funds Statement of Issue: On February 29, 2024, the City received and opened bids for the Storm Water Pump Station Facility Improvements Project (CC-1739). Staff is requesting City Council to award the construction contract to US Builders and Consultants Inc., the lowest responsive and responsible bidder. Financial Impact: The total cost of the project including contingency is $667,560. Funds are available in Planned Local Drainage Fund business unit 21188009 ($183,770) and Infrastructure Fund business unit 31488003 ($126,926). Staff is requesting an additional appropriation of$356,864 from the Planned Local Drainage Fund. There is sufficient fund balance in the Planned Local Drainage Fund to accommodate this request. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by US Builders and Consultants Inc. in the amount of$579,600; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Appropriate $356,864 from Planned Local Drainage Fund undesignated fund balance to Drainage Fund account 21188009.82500. Alternative Action(s): Do not accept the recommended action, and direct staff accordingly. City of Huntington Beach Page 1 of 2 Printed on 9/11/2024 powered LegistarM File #: 24-336 MEETING DATE: 9/17/2024 Analysis: Following a facility assessment of the fifteen storm water pump stations, the Utilities Division prioritized the roof replacements of the Banning, Hamilton, Newland, Marilyn, Scenario, and Yorktown stations. These roofs were last replaced in the 1990s and have reached the end of their useful life, with some beginning to leak. Protection of the internal pumps and equipment is critical to providing flood protection. A modern membrane-style roofing system with a 30-year life is proposed to be installed at these stations. This project also replaces roof hatches and fascia boards that have deteriorated due to weather and termite damage. Bids for the Storm Water Pump Station Facility Improvements Project CC-1739 were opened on February 29, 2024 and are listed in ascending order below. For clarity, the original bid amounts are listed below: Bidder Submitted Bid 1 US Builders and Consultants Inc. $579,600.00 2 First Trade $610,225.00 3 Armstrong Cal Builders Inc. $678,306.00 4 AME Builders Inc. $708,106.00 Rhome Profile Construction Bid Withdrawn Rhome Profile Construction withdrew their bid because they were not on a list of certified installers of the material that was specified in this proposal. A reference check on US Builders and Consultants Inc. indicates that they have all required licenses and have successfully completed projects similar in scope. US Builders and Consultants Inc. has been vetted and approved as a certified installer of the required roofing membrane system as well. Therefore, it is recommended that the City Council award a contract to US Builders and Consultants Inc. in the amount of $579,600. The total project cost is $667,560, which includes the construction contract of $579,600, plus $57,960 for ten percent construction contingency and $30,000 for construction management. Environmental Status: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 under Class 4 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Project Location Map - Storm Drain Facilities 2. PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 9/11/2024 powereta§,LegistarTM City of Huntington Beach Master Plan of Drainac t 7 / 1� t, t i 1.1, {< { 41� xt Ill(�}4ff� •ii lt. {ins } {{4k66 }^ 1,5 r I.1'5 , , ..w t CFI f R��i { a _lt .. � v� � �__ S �_J ^S � , Il . ��� Of,lr , f y i t *A.'. r'' ,�1}�jIj��1,, 1�131 ;f, i s�i '� f, I I I-- .p7 • F ie•tl i.� . i !is c! , Q °r?!is L� .} `tlf ` i :+ . y .j, 4:4 t " tr C �.1 5. `t r : `., t ¢i r -) r, ,r ,_i•yq t ,f 74, 1 1.... 1��Heil }�!� - 1 1 x "t; '1 S•cenario ', is f}^ g� f � �!1 • v "A',/t>'Y sl t:e..� , ' Q Shields, �1 , a,,i. 1C'�` t.: /S,a «^ A� }i . t cw y5,c Z 1 I Yrt S>:i �� rr� ;q �.�^�yte + (�„ *':` Miarilyn ,{ bye! �'•t;:g ` '� fir: ? }fi $� 4 1 ���`Slate Y ;• • u ';4 I`, '(i,G I Ir F !S� � 1.. i 1 Y S. (J qt • �Boise Chical �� *,4f 1, ,i \' 1'4? of t i l¢'i} `;ri ti f Ir- .,, . P Mt., lc1 tv�1,. A . r'G{1 tL -' '`) t `4 , Flounder�\ x E to .34241 I �t dk > ,{ "`1-4 t,1 j` .i ' ;;} ti45`i, Yorktown ! ft 0 ''' 3 ,c b E' ali▪ t ' t 40I'li �!R:4 ift A 1'_ 5 trs{1 • .4 ' .:a jh rt. A t 1 fi•'At'-a21 !' 6 .,.',11i ill 1 I• I °1'4/4: .* k r1 .!� 1 1�t, .. . a �{�J ,Ef� Adams {'t�,� Ils�"z,,,�a�Y,,,� ,t,y�t,> 1, , ".'a IMeredi : :; , };' !(.yyl(l�J, t'ajjh P 11 '`C +� ' , 3� tt 1" ,• y. :v • ' 4,Fn ¢it S'iit,,, ' In.l•anapolls 4 A `\. } tlant � i'L I " t c 'f ' 1 � y ' �` ;� � i i (Eiamil on \il, Newland• 1 f ,5 ` ry � ' • „ i jiBannmg; 1- t' T'31 �1 1 3 City Stations -_ l t' t - • - ' 2 ' Miles Figure 2-4. City pump stations and their respective upstream drainage areas . ....r. , ..... , . ,""A# . . T IN G7,7 - * .....•.„., \ •.0 c.,oRPORA7 ,41•• \ 40 •.• •" Award Bid for the Storm Water " -� - '• �' Pump Station Roof and Facilities "'' , ,r Project CC-1739 ______ _ • % � _ - ,1,,, Q Se: tptember 17, 2024 . m, -.... _.,. . — ..._ -, . .1111 c4§k441* 00 N0 . T O a � ,i ........ ........._ _ 187 Storm Water Pump Station Roof and Facilities Project CC-1739 • February 29, 2024 — 5 bids received • Lowest responsible and responsive bid from US Builders and Consultants Inc - $579,600 • Total Project Cost- $667,560 I � NTINGT I O`er:�NCORPORgT'' V \ c -) i-,-4a0natiiii&x etc) =�OUNT`I ...... i# 188 Storm Water Pump Station Roof and Facilities Project CC-1739 • Recommended Action — Award lowest Bid • Appropriate $356,864 from Planned Local Drainage undesignated fund balance li��NT I NGT c •=\NCORP0RArep.•.' nth k • gyp • L Q , -- 0UNTN ii 189 y.ww: • Questions ? - , , -„, ,, ,,... .„ :,... ....., :,....;,, ,, . .. , ,,, .,...•, . ,, . fi 5 j1 4 i {. d r.� d. Jo---,,,,. t � ��\t PIS ' '� 'jir '11, y "` � ,: �-�6 �" � 2 11 't !� -_. yam✓; } , ,.x ' . " i � 1 / 4 _ -, t I •B "�` }��h i� � Y`- ,.ai .xr-�" ��,.���` 'tt �: J� f ;p "fie 1" k-Y �rt t ! M r. # . i • ',`'fi .4. r'1. . .,k - - r^ f+ ..,sue'.'' � � "�. '-• ,,,S"C r te• r"4 h 3 i i,` c y 190 E/m ii: i////z9 49ub, ///?/- 1/ SECTION A y4.5"jy NOTICE INVITING ELECTRONIC BIDS FOR THE STORM WATER PUMP STATION FACILITIES (ROOF, DOORS, AND LOUVERS) REPLACEMENT AND IMPROVEMENT AT PUMP STATIONS: BANNING, HAMILTON, NEWLAND, MARILYN, SCENARIO, YORKTOWN, AND SLATER CC NO. 1739 IN THE CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 2:00 PM on Thursday, February 29, 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. A-1 SCHEDULE OF EVENTS Release of Invitation For Bids February 1, 2024 Recommended.Tentative Pre Bid Job Walk February 8, 2024 Date, Location, and Time will be posted via Addendum. Deadline for Written Questions February 15, 2024 Responses to Questions Posted on Web February 22, 2024. Bids are Due @ 2:00 pm February 29, 2024 Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California,which are available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any:interest:thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the.AGENCY for an amount no less than 1.0% 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: Storm Water Pump Station Facilities (Roofs, Doors, Louvers) Replacement & Improvement at.Banning, Hamilton,Newland, Marilyn, Scenario, Slater, and Yorktown Pump Stations CC#: 1739 Bid Opening Date: February 29,2024 at 2:00 p.m. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A—General Engineering Contractor or B-General Building Contractor,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. A-2 Project Description: This project involves the removal, replacement, and repair of roofs, access hatches, fascia, doors, louvers, and louvered doors at storm water pump stations:Banning,Hamilton,Newland,Marilyn, Scenario, Slater, and Yorktown. The upgrades aim to improve functionality, security, ventilation, and overall appearance of the pump stations. The contract shall allow the Contractor 100 working days to complete the contract. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to reject any or all bids,to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 26th day of June 2023,by Resolution No. 2023-24. Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-3 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: rp79HlObruFKrjlpsA5H Proof Updated:Jan. 12,2024 at 08:00am PST Notice Name: NIEB CC No. 1739 FILER FILING FOR See Proof on Next Page Donna Switzer Huntington Beach Wave donna.switzer©surfcity-hb.org (714)374-1649 Columns Wide: 5 Ad Class: Legals 01/18/2024:City Notices 832.28 01/25/2024:City Notices 832.28 Subtotal $1664.56 Tax% 0 Total $1664.56 NIEB CC No. 1739 - Page 1 of 3 SECTION A • NOTICE INVITING ELECTRONIC-BIDS FOR THE STORM WATER PUMP STATION FACILITIES(ROOF,DOORS,AND LOUVERS) • REPLACEMENT.AND IMPROVEMENT. • AT PUMP STATIONS:BANNING,HAMILTON,NEWLAND,MARILYN,SCENARIO, YORKTOWN,AND SLATER • . CC No.1739. . 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 2.00 PM'on Thursday,February 29,2024,on the City's PlanetBlds System Vendor• Portal,atwhlch timeor 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 vla-tile CitY's PlanetBlds System • Vendor Portal website at: hops`/Mrww.planetbids.com/portal/portal.cfm?Companyi 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?Companyl D=15340.Bidders must first • register as a vendor on the City of Huntington Beach PlanetBlds system to.viewand download the Contract Docum.ents,-to be added to the prospective bidders list,and to receive addendum notifications when issued. • SCHEDULE OF EVENTS • Release of-invitation For Bids • February 1,2024 Recommended Tentative Pre Bid Job Walk February 8,2024 Date,Location,and.Time will be posted via Addendum. • • Deadline for Written Questions - • February 15,2024 Responses to Questions Posted on Web February 22,2024 Bids are Due r, 2:00 pm February 29,202 4 Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code..Pursuantto the provisions of the Labor Code of the State of California, .the minimum prevailing rate of perdiem wages for each craft,classification-or typeof 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 suretyand 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 submittalotbids,the bid security must be receiveclat the City of Huntington • Beach Public Works Office;2000 Main Street, no laterthan 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: Storm Water Pump Station Facilities (Roofs, Doors, Louvers) Replacement.& • • Improvement at Banning,.Hamilton,Newland, Marilyn, Scenario,Slater, and Yorktown Pump Stations . - . CC#•1739 • Bid Opening Date:February 29,2024at 2:00 p.m. • • The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess•a State Contractors License Class A-General Engineering Contractor or B-General Building Contractor,at the time of thebid opening. .The successful-Contractor-and his subcontractors will be required to possess business • licenses from the AGENCY.All extension of unit prices will be subject to verification by the AGENCY. In case of a variation.between the unit price and the extension,the . unit price will govern. - - - Project Description ' • This protect involves the removal,replacement;and repair of roofs,access hatches, • • • • • • NIEB CC No. 1739 -.Page 2 of 3 fascia, doors, louvers, and louvered doors at storm water pump stations: Banning, Hamilton, Newland, Marilyn, Scenario, Slater, and Yorktown. The upgrades aim to Improve functionality, security, ventilation, and overall appearance of the pump stations. The contract shall allow the Contractor 100 working days to complete the contract. 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 to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL. of the CITY OF HUNTINGTON BEACH, CALI FORN IA,the 26th day of June 2023,by Resolution.No.2023-24. Attest:. /s/Robin Estanlslau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Huntington Beach Wave Published:1/18,1/25/24 NIEB CC No. 1739 - Page 3 of 3 FEACH fINCLUDES THE a! FOUNTAIN `�/ VALLEY VIEW 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714) 796-2209 legals@inlandnewspapers.com City of Huntington Beach - City Clerk's Office 2000 Main Street Huntington Beach, California 92648 Account Number: 5272431 Ad Order Number: 0011642223 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 01/18/2024 and 01/25/2024 Total Amount: $1664.56 Payment Amount: $0.00 Amount Due: $1664.56 Notice ID: rp79HlObruFKrj1psA5H Invoice Text: SECTION A NOTICE INVITING ELECTRONIC BIDS FOR THE STORM WATER PUMP STATION FACILITIES(ROOF, DOORS,AND LOUVERS) REPLACEMENT AND IMPROVEMENT AT PUMP STATIONS: BANNING, HAMILTON, NEWLAND, MARILYN, SCENARIO, YORKTOWN,AND SLATER CC No. 1739 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH , as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 2:00 PM on Thursday, February 29, 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. SCHEDULE OF EVENTS Release of Invitation For Bids February 1, 2024 Recommended Tentative Pre Bid Job Walk February 8, 2024 Date, Location, and Time will be posted via Addendum. Deadline for Written Questions February 15, 2024 Responses to Questions Posted on Web February 22, 2024 Bids are Due @ 2:00 pm February 29, 202 4 Any contract entered into pursuant to this notice will incorporate NIEB CC No. 1739 - Page 1 of 3 See Proof on Next Page AIL_INCLUDES THEFOUNTAIN 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: 01/18/2024,01/25/2024 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date:Jan 25, 2024. ek-ajnci- Signature NIEB CC No. 1739 - Page 1 of 3 SECTION A NOTICE INVITING ELECTRONIC BIDS FOR THE STORM WATER PUMP STATION FACILITIES(ROOF,DOORS,AND LOUVERS) REPLACEMENT AND IMPROVEMENT AT PUMP STATIONS:BANNING,HAMILTON,NEWLAND,MARILYN,SCENARIO, YORKTOWN,AND SLATER CC No.1739 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 2:00 PM on Thursday,February 29,2024 on the City's PlanetBlds System Vendor Portal,at which time or thereafter bids will be opened and made available online.Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this protect via the City's PlanetBids System Vendor Portal website at: https://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: hops://www.planefbids.com/portal/portai.cfm?CompanyI D=15340.Bidders must first register as a vendor on the City of Huntington Beach PianetBids system to view and download the Contract Documents, to be added to the prospective bidders list,and to receive addendum notifications when issued. SCHEDULE OF EVENTS Release of Invitation For Bids February 1,2024 Recommended Tentative Pre Bid Job Walk February 8,2024 Date, Location,and Time will be posted via Addendum. Deadline for Written Questions February 15,2024 Responses to Questions Posted on Web February 22,2024 Bids are Due n 2:00 pm February 29,202 4 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 he 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.Tile 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 tile 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: Storm Water Pump Station Facilities (Roofs, Doors, Louvers) Replacement & Improvement at Banning, Hamilton, Newland, Marilyn, Scenario, Slater, and Yorktown Pump Stations CC#:1739 Bid Opening Date:February29,2024 at 2:00 p.m. The successful bidder shall he licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractors License Class A-General Engineering Contractor or B-General Building Contractor,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 urtit 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 : This protect Involves the removal, replacement, and repair of roofs,access hatches, NIEB CC No. 1739 - Page 2 of 3 fascia, doors, louvers, and louvered doors at storm water pump stations: Banning, Hamilton, Newland, Marilyn, Scenario, Slater, and Yorktown. The upgrades aim to Improve functionality, security, ventilation, and overall appearance of the pump stations. The contract shall allow the Contractor]9Q working days to complete the contract. All questions related to this bid solicitation must be submitted through the City's PlanetBlds System Vendor Portal per the Information provided In the Instructions to Bidders.Any other contact to City 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 to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALI FORN IA,the 26th clay of June 2023,by Resolution No.2023-24. Attest: /s/Robin EstclnIslau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Huntington Beach Wave Published:1/18,1/25/24 • • NIEB CC No. 1739 - Page 3 of 3 UNSUCCESSFUL BIDS CC No. 1739 Storm Water Pump Station Facility Improvements Project dy'®6s�o� �l'�N11NGo ‘ City of Huntington Beach �d� � tp, ° 2000 Main Street ♦ Huntington Beach, CA 92648 14* (714) 536-5227 ♦ www.huntingtonbeachca.gov <<, , , p9Y. .\�og Office of the City Clerk a Cto fob Robin Estanislau, City Clerk � April 5, 2024 AME Builders, Inc. 1242 Transit Ave, Pomona, CA 91766 RE: Storm Water Pump Station Facility Improvements Project (CC-1739) Enclosed please find your original bid bond for CC No. 1739. Sincerely, Wrail/n" 9.16 Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan 'h Atirc SECTION C PROPOSAL FOR THE STORM WATER PUMP STATION FACILITIES (ROOF, DOORS, AND LOUVERS) REPLACEMENT AND IMPROVEMENT AT PUMP STATIONS: BANNING, HAMILTON, NEWLAND, MARILYN, SCENARIO, YORKTOWN, AND SLATER, CC NO. 1739 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 ofithe 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 undersignet agrees to complete th e work within I l , da , starting from the date of the:Notice to Proceed with Work after materials are procured. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications,Exhibits,Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE C1 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. 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 mat and void. 10%ot amount Accompanying this proposal of bid,find,.Bidders Bond in the amount of bid which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: AddenduimrNo. j Date Received Bidder s Signature — - None. .._.. C-2 PROJECT BID SCHEDULE A iW ti °^REPLACEMENT AND IMPROVEMENT OF ROOF,DOORS,AND LOUVERS s AT PUMP STATIONS: BANNING,HAMILTON,NEWLAND,MARILYN, • SCENARIO,YORKTOWN,AND SLATER , , 4l CC-1739 BID ITEMS x'`{� � � ttUl!� z h 0 3 s ' � � P 7 z ; gt wV � rg9 ,� t: �0, 4; �� Na iT Q�x �O t ,T TNOI,•:.-6:iinVENIIMAZANISeltwr :::.. s S pg l F l Mobilization(Limited to 6%of Total Bid) 1 10 LS 35,222.00 PROVIDE ALL LABOR AND MATERIALS TO REMOVE, DISPOSE OF, AND REPLACE ROOF, PER SPEC AND APPROX. SF. (This item includes 2 allowances for replacement of 100% of fascia boards and 6 sheets of 4' x 8' a 5/8" thick plywood at each I ': station.A schedule of values will be required) Iii 1. 2 a BANNING(1,650 SF,170 LF of Fascia) 1 LS 113,08600..__ ': ill 2.b HAMILTON(1,375 SF,160 LF of Fascia) III 1 iii 11 LS 94,238.00 ill Ti 2.c NEWLAND(1,250 SF,150 LF of Fascia) 1 VII $5,671.00 2.d MARILYN(1,000 SF,130 LF of Fascia) 1 1 LS 68,537.00 mif 2.e SCENARIO(800 SF, LF of Fascia) 1 LS 54,$30.00 2.f YORKTOWN(750 SF,112 LF of Fascia) 1 LS 51,403,00 PROVIDE ALL LABOR AND MATERIALS TO. REMOVE AND DISPOSE OF EXISTING OPENING 3 ' ENCLOSURES AND FURNISH AND INSTALL NEW EXTERIOR STEEL DOOR(S) PER ii SPECIFICATIONS 3 a . BANNING Steel-Door(1—single 36"x S0") 1 EA 3,741.00 3,741.00 3 b i BANNING SteelDoor(1—92"x 117"total opening) 1 . EA `6,558.00�. 6,558.00 : ii 3.c SCENARIO Steel Door(1—40"x..81") 1 = EA 3,548.00; 3,548.00 , 3.d SCENARIO Double Steel Door(1-72"x 81") 1 EA t .7,959.00 7,959.00 3.e YORK WNDoor TO Steel (1—40"x 8i") � :'1 EA 4,357.00 4,357.00 . !' 3S YORKTOWN Double Steel Doors(2-76"x 81") 2 EA 8,013.00 16,026.00 •• C-3 - , 3 g SLATER Steel Doors(3—40"1 81") . 3 II: EA it II li . 1 4,357.001 ii 13,071.00 .,....., ...,. --- .. . I!! 3 h ! SLATER Steel Roll Up Doors.(8—94"x 123") 8 . EA 11 4,619.00 36,952.00 li! ! !! 1 PROVIDE ALL LABOR AND MATERIALS TO , ! REMOVE AND DISPOSE OF EXISTING OPENING . . it 4 ENCLOSURES AND FURNISH AND INSTALL NEW .i' LOUVERED DOORS AND LOUVERS PER SPECIFICATIONS . 1 . ... . 11 4.at 1 BANNING Louvers(4—48"x 72") ,: 4 EA ii.1! rt: 7,285 1111 .001i!29,140.00 HI • 4.b 1 HAMILTON Louver(1—67 3/4"x.80 Yz") 1 '1 EA 1.ii :. :k 111 0,222.de, :. 10,222.00 f I' • 4 c .,1 HAMILTON Louver(1—71%"x 80 IV) 1 i, EA 10,222.00 ill 0,222.0e , - 11 II: 4.d 1 NEWLAND Louvers(7—24"x 40") • 7 IF EA 1!1 ,822.00-!: 26,754.00 !li , 4.e ;MARILYN Louver(1—47"x 71") 1 il EA 11115,599.00 i;;!! 5,599.00 i, .• 4.f i MARILYN Louvers(3—32"x 51") 3 11 EA 16,248.00 ,!li • - 11115,416.00!,! , .. • •• - ," :....,::::::::::::::;::::::::.:,-,.:=:;;;„;•„!!!!!!!.777!!!!!! 7:-.!!!!,„:;!!!:- ii!!!!.:"!..,11.'!!..--!!!!!!!-„,{;!-- - . - -:. : ,, - ! , i, . ill'1. 4.g 1 YORKTOWN Louver(1—56"x 80") 1 i EA lil,361.00!:;',' 7,361 00 4 h YORKTOWN Louver(1—48"x 48") 1 i,k,.„10 1 ,36.i.001,11;8...61.,60,....„„.., . , H i 11111 M . . . . • TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A 708,10600 TOTAL BID AMOUNT IN,WORDS: Seven Hundred Eight Thousand One Hundred Six Dollars and No Cents .. „., . ........„„„.-•. ., .- „ .. . Note: Refer to Section 7-3,Measure and Payment for description of each Item on Bid Schedule All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension,the unit price will govern. The Owner reserves the right to reject any or all proposals anabid items. . . C-4 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 HCIII*11 DIR PWC Dollar' %of I >f - Item,(s) >; Subcontractor License iii ilgi4t,r,Oioni# , Amount i Contract 11 E Number- • • • • • • • • • • • • • • • • • • • • • • • • S • By submission of this proposal,the Bidder certifies: . 1. That he is able to and will perform at least 50% of the total work and the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 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 2/26/24, at Pomona, CA Date City State Don Seo , being first duly sworn, deposes and says that he erslac is President .. _. of AME Builders.._Inc dba AME Roofingthe party making the foregoinibidthat 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. AME Builders Inc dba AME Roofing Name of Bidder 0 Y,, .. ..- Iiiieft Don Seo Signature o Bidder 1242 Transit Ave., Pomona, CA 91766 Address of Bidder C-6 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 STORM WATER PUMP STATION FACILITIES(ROOF,DOORS, LOUVERS)REPLACEMENT&IMPROVEMENT AT BANNING,HAMILTON, NEWLAND,MARILYN, SCENARIO,YORKTOWN,AND SLATER PUMP STATIONS, (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. AME Builders:Inc dba AME.Roam' Contractor e , Don spo B l � Title Date: 02/26/2024 C-7 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-8 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. AME Builders 1f:c dba.. MERoofirts...........: Contractor Don Son..:. President, . Title _ Date: 02/26/2Q24 ...... C-9 BIDDER'S INFORMATION • BIDDER certifies that the following information is true and correct: AME Builders Inc dba AMERoofintr Bidder Name 1242 Transit.Ave. Business Address Pomona City, State Zip t909„„ 1_766-3200 accountindpamebuilders.net Telephone Number Email Address 1.057266/A B,C10,C20 C33 C39 C43 State Contractor's License No. and Class 08/21/2019 Original Date Issued 08/31/2025 Expiration Date The work site was inspected by of our office on ,202_. The following are persons, firms, and corporations having a principal interest in this proposal: Don Seo.President ,Junghee Seo, Secretary. The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. AME Builders Inc dba AME Roofing Cornt.u,Name urature -; Don Seo Printed or Typed Signature c-io NOTARY CERTIFICATE Subscribed and sworn to before me this 26 day of FebrueM, ,2024 . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles ,) On February 26th. 2024 before ,.171Vun„Ho Note Public „, Month,Day,and Year Insert Name and Title of Notary personally appeared Don Seo Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personX whose name ) isftra. subscribed to the within instrument and acknowledged to me that helldthey executed the same in hisllitritheiff authorized capacitirtbs,),and that by his/Teethe .signates.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. WITNESS my hand and official seal. COWL#2413446 WO PHILLIP Oa; 41 NOTARY PUBLIC-CAUFORMA yqrve LOS ANGELES COON — liY COAL Exp.SEP,1 7,208," Signature (PLACE NOTARY SEAL ABOVE) C-11 BIDDER'S PROJECT HISTORY For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, `Construction of(or rehabilitation of ems' tine-roofs for Ci ' } 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' Cib/of Huntington Beach/2000 Main St..Huntington Beach CA 92648 Name and Address of Public Agency Name and Telephone No.of Project Manager: John Martin/:(714)375-5011 $630,728 00 Roof, door, louvers replacement 12/21/2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: CC-1657 Storm Water Pump Station Facility Improvements Project. .._ 2. Rancho Santiago.CCD/2323 IV: Broadway, RM 112 Santa Ana, CA 92706 Naive and Address of Public Agency Name and Telephone No. of Project Manager: Erick Martinez/(714)480-7554 Contract Amount 'Type of Work Date Completed Provide additional project description to show similar work: Santiago,Canyon College Building D, E H, G, L and SC Roof Replace 3. City of Calabasas/ 100 Civic Center Way., Calabasas, CA 91302 Name and Address of Public Agency Name and Telephone No. of Project Manager Erica Green/ 81 S)2241.654 $1,358,583.00.: Roof replacement 10/19/2023.___. . Contract Amount Type of Work Date Completed Provide additional project description to show similar work: AHCCC Roof w„ C-12 BIDDER'S CRITICAL STAFF Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project.Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1• Donghyk (Kyle) Kim (Please see attached resume for.moreinformation) Name of proposed Project Manager Telephone No. of proposed Project Manager: 714-464 9094 Laguna Beach HS -2022 Roofing Replacements $701,760.00 Roof replacement 10/14/2022 Project Name&Contract Amount Type of Work Date Completed Storm Water Pump Station Facility Improvements Project$630,728 Roof, door,louvers replacement 12/21/2022 Project Name&Contract Amount Type of Work Date Completed AHCCC Roof $1,358,583 Roofreplacement, 1.0/19/2023 Project Name&Contract Amount Type of Work Date Completed 2. Mariano Mandujano, Name of proposed Superintendent Telephone No. of proposed Superintendent: 6614954233 Laguna Beach HS-2022 Roofing Replacements $701,760.00 Roof replacement 10/14/2022 Project Name&Contract Amount Type of Work Date Completed Storm Water Pump Station Facility Improvements Project$630,728 Roof, door, louvers replacement 12/21/2022 Project Name&Contract Amount Type of Work Date Completed Santiago Canyon College Building D, E, H, G, L and SC Roof Replace 1,535380. Roof.replacement... ....... _ 5/5/2023 Project Name Contract Amount Type of Work Date Completed C-13 54 DONGHYU KYLE KIM, PM YEAR STARTED IN INDUSTRY: 2016 � As Project Manager, Kyle s responsible for all phases of - construction at the jobsite, including the direction of all work '� crews, coordination of all subcontractor trades, `� `° checking/approval of all shop drawings, and the receipt - s and utilization of supplies and equipment. He is responsible for implernenting•and monitoring the safety program, to ensure n company safety program and OSHA compliance.This includes the development and enforcement of a jobsite specific safety EDUCATION plan, training and education of personnel regarding safety requirements, organization of pre job safety meetings, and jobsite B.S., Architectural inspection. He is also responsible for day-to-day cost control, Engineering submittal control, schedule maintenance, document control, Dong Seo University and overall team communication. S. Korea PROJECT EXPERIENCE AFICA REGIONAL ROOFING IDIQ EXPERTISE Air Force Installation Contract Agency's (AFICA)two regional contracts-Western and Central that covers multiple Air Force Public Construction Bases' facilities Task Order Type EDWARDS AFB ROOFING IDIQ Contract 5-Year contract that covered various types of roofing construction at Edwards Air Force Base Construction in Occupied Facility CAMP PENDLETON ROOFING IDIQ 5-Year contract that covered various types of roofing Multiple Ongoing construction at Camp Pendleton Projects LAUSD ROOFING JOC 3-Year Job Order Contract (JOC) that covered various types of AFFILIATIONS / roofing construction at multiple school facilities in Los Angeles CERTIFICATIONS Unified School District OSHA 30-Hour CSU FULLERTON PLS LIBRARY AND HUMANITIES BUILDING ROOF REPLACEMENT EM 385-1-1 CSU FULLERTON CORP YARD ROOF REPLACEMENT PROJECT DELIVERY LAUSD ANGELES MESA REMOVE AND REPLACE DETERIORATED METHODS ROOF Design-Build LAUSD WESTPORTS HEIGHTS ROOF REPLACEMENT fi IDIQ COUNTY OF ORANGE CASPERS PARK MAINTENANCE BLDG AND REFERENCES NATURE CENTER Arcadio Garcia LAUSD GULF ELEMENTARY SCHOOL EXISTING CANOPY Edwards AFB 661-810-8775 CITY OF PASADENA ROOF RESTORATION AT PCHC and CHAP James Tong LACDA FOOTHILL VILLA ROOF City of Pasadena 661-510-2312 MUROC USD DESERT HS MODERNIZATION PHASE II LAC+USC MEDICAL CENTER KITCHEN DRAINAGE IMPROVEMENT 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 $400. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 htt#://www.dir.ca:„.4ovItiUblic-works/PublicWorksSB854.htrn1 DIR's Contractor Registration Link—Call(844)522-6734 https://www dir.ca.gov/public works/contractor_registration html- DIR's Contractor Registration searchable database: https://cadirmy.salesforce,sites.com/ContractorSearch I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor:shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work - pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. AME Builders;:Inc.dba AME.Roof r+ Contractor .w. • r, n Don Seo _.. . accountincj` amebuilders.n..et Email President Title Date: 02/26/2.024 PWC Registration#: 1000455020 ,... C-14 BID BOND KNOW ALL BY THESE PRESENTS,That we, AME BUILDERS, INC. of 1242 TRANSIT AVE. POMONA, CA 91766 (hereinafter called the Principal), as Principal, and NATIONWIDE MUTUAL INSURANCE COMPANY (hereinafter.called the Surety),as Surety are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee)in the penal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for STORM WATER PUMP STATION FACILITIES (ROOF, DOORS,AND LOUVERS) REPLACEMENT AND IMPROVEMENTS AT VARIOUS PUMP STATIONS NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract,then this obligation shall be void;otherwise to remain in full force and effect, Signed and sealed this 14TH day of FEBRUARY , 2024 , AME BUILDERS, INC. (Seal) . i ' , { Principal Witness �� E. IA Title poy. Sao l �res?o4 NATIONWIDE MUTUAL IN URA CE C MPANY —.7" rIT A,,vy/ Witness By r p KEVIN VE Attorney-in-Fact .- 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 Los Angeles On 02/15/2024 before me, Hyun Ho Phillip Goo. Notary Public Date Here Insert Name and Title of the Officer personally appeared Don Seo Name(s)of Signer(s) . who proved to me on the basis of satisfactory evidence to be the persons) whose names), is1 subscribed to the within instrument and acknowledged to me that he/She/they executed the same in his/bar/their authorized capacity(tes),and that by his/herttlmeir signature(s1 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 correct. HYUN HO PHILLIP GOO WITNESS my hand and official �`— ' COMM.#2413446 U] L.p NOTARY PUILIC-CALIFORNIA U 'i O ) Arlo Los ANGELES COUNTY Gam"' MY Comm.EXP.SEP.17,2026 Signature g— /•�" /wry 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: ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 • Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint: PHILIP E VEGA, MYRNA F SMITH, KEVIN VEGA, BRITTON CHRISTIANSEN each In their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby,as fully and to the same extent as If such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to end by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory In nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company," "RESOLVED FURTHER,that such attorneys-In-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all - approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August,2021. 0 Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT r 40- ,1 STATE OF NEW YORK COUNTY OF NEW YORK:ss /<:' ,,, On this 20th day of August,2021,before me came the above-named officer for the Company /r ,. > aforesaid,to me personally known to be the officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed hereto is the corporate seal of said Company,and the said corporate seat and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie Rubino McArthurAreC C u.. ? Notary Pudic,State of New York '1 No.02MC6270117 Qualified N New York County NoMry Pubk Commission Expires October 19,2024 My Cammlailon Expires °moo I9,2024 CERTIFICATE 1,Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney Issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still In full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this 14th day of February 2024 a Assistant Secretary BDJ 1(08-21)00 re CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) )ss. County of LOS ANGELES ) On February 14th,2024 before me, PHILIP VEGA, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared KEVIN VEGA 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 �`°°`>,, PHILIP VEGA behalf of which the person(s)acted,executed the instrument. Notary Public-California = _ - = Los Angeles County I certify under PENALTY OF PERJURY under the laws of the State 11-' /.? a�'tty, Commission//2327592 of California that the foregoing paragraph is true and correct. o� My Comm.Expires May 31,2024 WITNESS my hand and .fficial seal. • Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below Is not required by taw,it may prove valuable to persons relying on the.ocu • ould prevent fraudulent removal and reattachment of this form to another document. 1 Description of Attached Document Title of 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: ❑ Individual 0 Individual • ❑ Corporate Officer Title(s): 0 Corporate Officer Title(s): ❑ Partner-O Limited 0 General 0 Partner-O Limited 0 General ❑ Attorney in Fact flight Thumbprint of Signer 0 Attorney in Fact Right Thumbprint of Signer ❑ Trustee Top of thumb hare 0 Trustee Top of thumb here ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: CA1DD102000.50111110151761.2 22 (UPDATED:01-19) z .; V 4 ,:fix+,• • ' t itr % ' ,.. A. 4enamor s;ti�4 BUILDERS.INC, e t t* ,1 x �' 1,.?‘ OFFICIAL BID SECURITY —DO NOT OPEN " ` =g t ': k' Project Name: Storm Water Pump Station Facilities(Roofs,Doors,Louvers) N1"r ,. ryr r q ,: Replacement&Improvement at Banning,Hamilton,Newland,Marilyn, C a", sr,x& ;1 Scenario,Slater,and Yorktown Pump Stations. ' " f y r tIr�. Project Number: CCN 1739 } � � 1� # � r Bid Due: 2/29/2024,2:00 pm �� r ' F' ' e n'-X 45?�5 �.c d-, ., Bid Location: i*t t D tp , � City of Huntington Beach Public Works Office `! {r[ p ?.". 2000 Main St.,Huntington tom+-- 447 � ;� , ''� 4 Proposed By: AME Builders,Inc. " �y � '' 1242 Transit Ave,Pomona,CA 91766 '� 4. it 909-766-3200 ti', ys Ft4 I� y tt �•y i .�,ttk�� 6 o f [ '� x ^' ,3i��,'!c'r!J"y z••3 yf •^! 'k"`F'r.y. Q5 t`. ,h x .[rt t �?r` ♦ wr.« -t' v , �. :* t.f„ •; W° .- 0 a .G ; 7r * .,: ..s¢` L• ' ... •* i •,�""[rd .+.� r •i. `�i'e� d+.a;.tar '` t r:.'�"T•k> �n: 't, ,.rtt sue` w w r ;?Act �(;:y� 4 'a, "..Z.- r Y r; i.,".4 k•'L y 7aYx. a?x'r }. ,':t.•c.a �, yT o '8'�, �, .,tor, A'..��j4 M�f� iu �� F � 4f Ir`?�� t a� [Y �£t.i'^C 'fit .n1.'� 7:�1 � 'cvxF e*}� �S t1 {�� i "g 4 a sY-y-c., �k., ' ,+v3 .'� i`` j ,•^00° . e r[� I.`"0;,,s e ''',IN, ..i ,:' :...! ,(t�s tY[ 15.i ri .,[{ c A'4 i ft`1'�?+� . • , d t k F ,-4 t''1''6.)C"`c„nA y lfj2[¢4 y.,kt�1"`S �D` a�•'A9` = w� .5? `fi 0 ;+"' vt:' ,r „rc.. t't, x'^.' �` °u`., i` A ��r. a ••.. �Y `.x.-:-F- :� �,"r i S ,*'[ n� rc.v�� t i"4.•+, [} Jr i [' 3'v1, ,r14,... rz .+ �'1 � -VI?", x r_,,•3r.s -, .3�.,yx c .......*,,..a.. ;?"' c.,..'"r='�"' e'r':> tSP *-_ .•a.15— .A,� ,'2" - * ,StA ,, -t t �., ? i ti e�� �TINGTp�L City of Huntington Beach • `o is. ����� 2000 Main Street ♦ Huntington Beach, CA 92648 • T'k (714) 536-5227 • www.huntingtonbeachca.gov ° •c0UNTY= >"1'909"�'����/4 o`�� Office of the City Clerk .�P Robin Estanislau, City Clerk smiss��®, • April 5, 2024 Armstrong Cal Builders Inc. 3130 Willow Street Signal Hill, CA 90755 - RE: Storm Water Pump Station Facility Improvements Project (CC-1739) Enclosed please find your original bid bond for CC No. 1739. Sincerely, 9,6111144JA4) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan ,-ram el:/ 671tafr SECTION C PROPOSAL FOR THE STORM WATER PUMP STATION FACILITIES (ROOF, DOORS, AND LOUVERS) REPLACEMENT AND IMPROVEMENT AT PUMP STATIONS: BANNING, HAMILTON, NEWLAND, • MARILYN, SCENARIO, YORKTOWN, AND SLATER CC NO. 1739 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 r"g ! , starting from the date of the Notice to Proceed with Work after materials are procured. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications,Exhibits,Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to !. enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE c-1 . !,.. , • • , i:404.01- 0$00.110.iTti,:ft.. ,-.7.14CO 10.M tIVK'VV.:00:krtMCt 10..$ agreed that the 004740tet too,014.0#001#4 4.01o.404.404#040##04$040*000.010.n. *.g..:4 otg,i;ottt:viAttiesgaattkreettht opthicl441**ts rostivilio:U4 opcotiol aiiiw:.ttniolg,s1 i ',...,.:tiO4i*:4940,5,14,31.94w*,40.:*10t1WAArgig.0244*.l,a. 041.*ItmgOiet:t*#1,:pi:o..* ,.. l#'.:ttii OW W.470:0W04-0 iti.3460474.100.44... i011itpoz*:40:014-*&01404**lac::2:44:4i:13:woo* glgt*--;44 sli.4, tgo***.ottcliteloi- !. , if 47**404J11*Ceti**4 the44.041700*.o.4*00**A 0i0**04t‘Of410!.004..gfos.01tolto' moottikiitole " 4 ofx..ttagrig0:ii4tritif0000w.I0W04.:-Alultolgol.cottiticAtOVitivo fa NOW*00***41t0:440 ci40 ESOPM-V00400 Oit i**or0941#41154:*MP:gOi 140 . _ , ,:.„:,.,.; „:: . ,,,,,.. ,..a :, ,...„,,,.,„ ...,,_. i„ ,, „. .,..,,,,..,vk.„. ,„. oo*o)!i..;0*,-.lotxtq;oc:; ckpwpyg! :'oo::* l?t• 1;..!..',t7,41q* PPle0:•',,QP*414 z !,4,11:024 f.,.:;:04.444*-toop***Wefirt*:40tio:40$1i.40001t..000W40,400,'Aii4v04: —, ,- ..: „:. ''• . 10%.0..bittiAttotid Ade.1,1 a yilltSrOpOatittlAW.Biddersgefftd imetcathountfor :',.....44,41320.WW.004.141.0110 1:04.4ttifiotlitictooft*Otobialtt topiit'::da*'-itio,Noitoe 4vilft40414 MO*v4*#1:c to the AL'::citX:OV;: (01§0:§g 40.411t0t IOW 1.:.10014 IPA4 6460,*14,0-10‘•-i4;10k*tii, ..?4*,,,:to 04ttiA,:th*ti:4) An ''...7.,stl-q$0"fidi:#14:00tioloiri§: . 4.00:01-10i . sidatviditifolitts**0004*:0140i4*;if :'!,t4.ddeti#0:#0000-.4: ..:14EititookoZ1,,ik-414741Wai4i,tib .1,,,, ,,,... ,,,,,,,:;,,,,,,,,,;,,,,,,,,,,- 1-„,:-,;, -:;-,- ,,-„,.,,,,,,7,4Z?i.',! `,.,, :,,"':9,,,i,',.,1',.';„;',,L.,.'•,,,,.,.'',"::,C•.;`,••••.i ,',;:,;%,,,,,.,--,.',,',:.ii5 ;:„44:4r--,..,-41,,,.e,',,,,:•,,:•'.:d;,,VZ2.,,,,,V•! . ,. .. . . .. . .. . ,. :: — :: — : .. • .„ ... , , , 1 , , , • i .., • • I • ,. ;. !!' •. . . , , . ...! li,.: •• . . . ... ... ... _ .. _ .. „. . . .. , . ,.. . _. ... ..., . . .. • . . . . . „ ..,„ i. d ..C,LYO . s�BW x. .',VIA: . r ° ` r :RPr4.egmt T n imp—.Atium(Y OE OOR,DOQfS,t- Y�Q ERS 4„;(` ` 1 it AT '`C ST TM S;BA 1 ThN, A7 AN D,i t L :.x E <-,{_ _ .. �r i 5 >'31-< " }YORO . j ?!5.SLATER. ° s�>°'t U ,d' > D e.114 I ' r `� bus a k f:IRW% +� 1 M4biltzat1ohc .im tidt .; ',4;:Wti*it$d >t LS ,I itti :ALL .o1 419),� � TO REM{ i,DOS ISPE I% ANC R1+;PII..A C1; R©(}I� i?ER S- P A 41 fl GX S1r, ti*ii 1n.4.44 ullowake for replacement 40 aI 1ascaa boards ant #Sheets 0 8'x:SL8' thie piyweo4 at eaeh r sit.&o* .SchhedduI otk8l11es.40*cqutta +al. :.:: is h HMUL`Ek)::0c1375 S "`1;b9 LP o£Eascia), i =I , i a., 2 e <:. ' (1 jI SE,1s L "4flascia) ', i ;2 e° I$0:1 0.(SQ SF,I2OL p Fascia) 1 r 1 a f £ Z.t Lty12I{T T{f5 S , 2l;)!ofFascia I P1 GVIDE i.A,14 LABOR 400044 1 I LS TU AEtifi0 AEM?0IS1!O$F of EXISTING(P ti :.. 3, E ENELdSU1tES A'1N31 Pi7RN1S11 MW IN ALL, iEW"a.: EXTERIOR S _ D�tl (S PEB, itilN06e146r97 0110o3U" 1 ;', ,MI: „ I 3,Et i ICON I t-OS.4 00ot(1 92" Ilsl"tot opening).: EA It/ 'cgL e'i4 L?tiUllle StEe( Oar -l..17,�le,$14' CEOVYN mbloStee 5aars:�3 fib Si1�' ; >, EA• 3.g SLATER Steel Doors(3—40"x 81") 3 EA 4100 /a aoo. 3.h SLATER Steel Roll Up Doors(8—94"x 123") 8 EA PROVIDE ALL LABOR AND MATERIALS TO REMOVE AND DISPOSE OF EXISTING OPENING 4 ENCLOSURES AND FURNISH AND INSTALL NEW LOUVERED DOORS AND LOUVERS PER SPECIFICATIONS 4.a BANNING Louvers(4—48"x 72") 4 EA // //o &oo 4.b HAMILTON Louver(1—67'/."x 80'A") 1 EA 4.c HAMILTON Louver(1—71'A"x 80'A") 1 EA 4.d NEWLAND Louvers(7—24"x 40") 7 EA 0? Asa_. l9sb. 4.e MARILYN Louver(1—47"x 71") 1 EA 6 OM p 41 aft • r 4.f MARILYN Louvers(3—32"x 51") 3 EAjo 4.g YORKTOWN Louver(1—56"x 80") 1 EA 6,8'0 (o, g00. -- 4.h YORKTOWN Louver(1—48"x 48") 1 EA 4i 647• 41, 400 " TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A $ 67g/ 306. 0e) TOTAL BID AMOUNT IN WORDS: 55 sixmy/AV/ter seveiv , E/6fr rTitrUS4iVO mf e'E - /f iN2/Z6V Six f °a//aT Poay-eS CA)?.?' ote: Refer to Section 7-3,Measure and Payment for description of each Item on Bid Schedule All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension,the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-4 ac dg e. GQ ct,O.i.44$ onk ® Ow id ler.kit iit ptitti,&:ua a*s . business a oof each subooutra+tofwho will 1erfox�ni`v or rent er sere ioe the bx4der on sand contxao.t any mount in a ess bt o t -is +g rrrt,40tccei o 4eF t bid or O,OUO wwuche r xs..gteater:a t ie gor afthe w o done=by 0xch`subcontra` tO ,, Cl ass %o nett s, ' : .ee ntracor° icense. * t one# ` �tti Conte.r r , 3 , -- - -T.! -,i,,..!F•!r•Pri777,,r,f..firitera,#, ':'.''''' ''' . ''.4": tifisi*OP4 { ` , s '} fI.. i r 8 !i. ' j h i f y' I; Bysu saiofl"otts p Opo the Bjdder4er 1; ii I Tatifiti s.able.ttx an4 will er b Wawa feast$0%of the't+o# wor*,a s the batatice of'a1I -. b. wOiIi ah inch e' e'a tiO eave be a s]1sb* I j Th it Amioil v 11 ?sh0c ,of subcontracts.sOcontracts.a tered its and bomia :fi ns b 'stt#icar ttactor> ti**C . .. . AFFIDAVIT TO BEEXEC BY 0111.11Eit,•/., iSUBMITTED WITH BID • declare under penalty of perjury under the lawsof the State of g410*4.****.erkOkAillt'7* true ootteord6tand that this declaration is executed on021291202' at Stanton ,CA Date City State ShawnSalah . . . 0(00.0$.0 and says President . of' Armstror.g Cal Builders,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 40;t0tOttgi,-2:diflaTt the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly in • or 4.4)Ictfig...tySpy.049tM44., 10'4iAt.iiwifgoo ot$444tipv.a#411);(4,4*.4#044.#:;71#40#tt.4#11ii)104to..7,-.47.-*4 goinToikAi or. agreed with any bidder or 44*04.-.*oto#.40:!:*lxtA.oho*lir4ipr that 410.0to*411 refrain,. from that the bidder has not i*any manner, directly or indirectly, .,:q.ppw*o'c*tQq),4:ottantore*:k,witkoodoo;t4-ri-t',tttOkk4oTo-oio......t1*tof-o4y.ottot:•••holdoxvorlo secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements.cnntined in ttOti4-4ti.ki.titiO4Lam;siitthkw4cfti*(*1•4do:titi..si not,directly Ojl11001041YA744:-:.btoltia4bi..70-i0ther bid price or any breakdown thereof,or the 041*** thereof, or divulged information or 44;t4:t6t40*,....*:to*,,otvai4 and will not p0"**:•to any . corporation,partnership, -,00„.-46.44.00440i4 #$#Iiid4o%bid depository,or ttiOgy::#10)Iiik:00,0 rfOittlitetget0-...eff0,001itittatisitii.t Atiiidtbettas-taitirde •I ...„ • . •1:01Ablei 4 4 ::•'• • • k0q,c . e „).5- • . PA,0.**140040foori;,30Aa06.80402* • • c•04 • . . , • • . . 11Tian(liGliktiVIEN't . moN:i•;:,,'.: :LE4ZIAYORANDIO.TY491:RWIL . . • --:, , .- , , •. ., ., .:0 . -. ... 4 OM 0:007.0:..-..:!M0:401: , .. . . . 001.1:4:0:et: . . . . tfw..40-041. itattilteittotottiida*040,04:iatO*Joktetwottire*.0*400-ditelittiiit contract iktio* t)*Snitti4AVAIrtiCktrtW4TATIONSAMitiLMAtOtttbOOltgi OtelYg: t0"804Kttil,14W40•WWNTAT#:' TW-44.1:4 -9N . . • Art. 104, 114"':4,:et$ 6 VOIddekit$;40.4.0- .T:tit KrOISTATION4 • : . : OX*10:0801:0101004434Itiogyia01404004$40.1itr**40.: tio: 0iiitiiiiily ,wii.y iii4lioititeottdit*oftn ilt4ti6416t, tit-teiOtigtiaifikaodisae.*, ‘.''.(to':-.7.,fioitmlaiii*ciaroi*.-4- 70.0444,4*.o.004,2*Mow . . 0:444.404*004; 40#.44.7k4pk0.:***ofs:e40*0,1**001004:'...ktotlitii*ori,A4 . . . i2006.,0,14:440*ohoo:Ai,i±:404 *Itiop ,. . . . Mio*403iiii4:440:1**WkAgitggiti.010:,...*tthiOimoitc*41*gotot**414.4400:16,00. . .. • AvWdirfOkAk.Able eTed*aiiiwity 000041.kio:Oireifitlit4Ttitilit'Uiiiitfetitiftialtitlit.didoi*, Ot.$0.*4041:i**.N40.$M:ri *. . .Aoliadiatstglidd:ti*010 •P'•:ro*':***1:4g***1• tili01#00i0:04,0*64411),•:.0 4444to:V0.44, - • . i, ii,p0iiiii-74a4474-4;6A*.olii****iii4;i0•:ik4iine 4:' ''.;:i**010,07*frii010i4 isittili4AN:otglori0oitAa1Woter.*:*itto•,-#::io-o4g4tto5:cswgoop-)k4gAVIq4af:4 AtibO.orttitOtprkitigii*tiliekt****tk-.C'vcAttitem7-:00:4i77 403:f';1:44,,,i- , ,• .. :hirlI #: WOO rtider4 t* 7.. ,;;.:,, ,. :446''',Ie, • 'Oita40r- ,I,• ,I, ' - ,,::,,,,::„„:.4 ,, 4 r •,, ,:,'--'•'„,,,•:°.•.'•-, . , •:, ShawnclUatt ,,.:::,4•:',:11,,S.'•:•,-, ::'"•'•i' .,-- ,, , „ ,„, „.,it ,..,.•!!.,!•!rr,i'.,,.,-0,Ji.,„„ . . •'':''' '#i' ' ' . .- ''''''''''.'- '. .*4:J•Icli 1,-,A:',,I:';'':,!'",' . • ! :• .•.,OW i••'-'' • . . • • ;•Pte-Skleilt ,„ „..::: ,.., .-... ,...:...,„,, , . , ... „„.., . . . , p, tate .W.129:02t . . . .. - . .. ,• 0;7. . . . . . : . , „ . .: gtrgrt-citw mitt; .DISJ :KTiON tbatti46,:iit'adttnfikel4t ftti.:11q. itISHMIQNs*Ig4.1404',00tlikitOL QMITICIVOLM ItaetieVailef an oftet Of the adder yo40 too a OteSpileAtY Irt-- tared in.ihe,Akfiler eater beetramitifit4rgnime&or oitierwimpreverile4f 4iddinTorror etantireitglwaTodekatoStu-AfritAtioWiinitont toto:Ket because cf a vt1atton otlaw Ot-044.fdiy. WirtitAbie No rnhe sWeris ys ep1ad tho,6xrcA-sitt4attioesAtilh pto*40:2; '4/ir 40,1•Zseatigar " • • 'NOW Thts 0:01,1:0;tte$ Oif ITV YOP9:§0 41100*pOttibg Of A-a Or9pcis* halt afro. c-,cdtP *sAT.IogiNgtttAi%t,,cktEkrJFte ;tititdahtt'di.s' tfoitl,#.aid..rtt.e-tia-i-tat,of,e'-dd:.00,tokootti.w6ttdvtitttAo.Mo‘tttfktt 3i4.4'00:1#4::amoIscio4J-stallidgAilfgfp11-404:04M4*, tet'4*; te o tiie pwviiiions O Sectin'14,00;t4t'ittit,:,LOS Oa*With require WOO' iiye foft(ofned 4.4*.„40410.0.-17, 4:4,140 g.olupegatil*::0,:t to.undertake setE inmirance in#9w4r4pog't'iiiit4 tke provrnions 01 that oi1ok and I willoo,iitbfy*ttli.;**11; Airpstrorg , .Bui1desT Inc. , . • 4• 4 • 1' $":4*tr$044By :. • •4:". 4% t: ; ?•:4 01,,VIA.0% fiteVent: te • 02/2912-0z4. (' BIDDER'a.1 ORM TEN"` ;BIDER ceif fi Ft to= allb a atmaara is in aad..co ect k mstx onq.Cal Builde s-x.In -_ _. P .;Box24r9 .. Btasdss n ,+ 9O680-O24 . i:r0i; State f33181Q. 14.4,cne iunbe>~ :A� dtess O9.9�z; ,.B. ;brddtiroCot.<� na1i_:uui s er co €�►t . nna �sse 1Nkass ,tea.Dat I su d ,< #e ion Date t o k srtott ra u p e .. ... o `our e m 'Tile f0 cin acre person<;fi'rhs an&co poratioii hav g a prssxc pa -interest fni.t'tus prop saS Shawn SaiatT , r tmmdertt Amisfrgct Oat501.d"pc;x.0 < , 0 Ui;1407 f,0 p efr dstc t the Coto xk'ottt e cT c tto ®#Bead of 0 of t financi 1l of otie isei to eifom the contract fob#fie props vuq an410- ' fi t nx accordance;wi th 101aiis and s e�fitations setfo , strong cal Btlddau i c. i^. Y E , 9 , iii, 11 k ,g r .4 ins S + field h gho' ._ 10#7t O T eo$10 A 40 ,.. .t0t0A7'Mg *, Sufigdfibtitditititbiii te befdte-lit thiA ctItitt , t202`. „ . . . _ ., .... .. . ,. A 4iotay oiititto:04Silidt!'..0..*.bi‘, 0iiiieifog,atria o ,ofifi--eik,'verifies 0.-dy-the identity of*0- 4041401,*iw:si -:,..4, the dc,1:9meot !tp,014911 OA ,°•00,0csitclfs,40,4eit and not the :frilt1341111**adwiad*b1.4aliditattiatiiti-,--ii i.,:i _ . on ;beforeine.„ 140-...*P,vi.aliortfor :IitlottVoni....g444 til-orofsotary ., olspoottraOgarga„, ... .._ _„ , ,._ _ __.. .,. , „ „ „„._. . ... , ... . •. ,_ . . _ . , Nabittipittloidoi . ,., who poytotiotolwitasia,ot sa- Totpq ...:v44%1100,10Tie,..lrieliditogoliv.ild*0401:40,i,,stor q 6attiittid tb;itit4ktAtiiittitipi,etit and 467..1 8ireagvii ta;itie*f WiiWtii,4(05:eouttit the ii*, 0,111stOragjrautiviivit OaPOV001,an SigiOYVO14etiffigit it2400(00t141; i44._.0:1**041# t)tio#100.-ithe::'61-tiviitt4behatfottohitlitiiiiiditoWittottitatht,:ftictiiiiidift , - I]go:Cat 14-4:& k... `'a0'OF' :',071.7 At to4ortho 14,14..4114-g OW or:*4117.0.04::**Al* , toe 000pgtaltaws:trueHan4 correct. gigp*m 0041.we_.,.:omoka,Roti4 okkcs.:x0T4Y-1FA-#441i0V4). , I 4, A ptifilteQratherritftli om ttmis ertlt!"a b sCli ei00444.001 lrt0M200,lwhr0s30,01 acid nt , vittir (this eer#1 cefe'.t attiAe a rt '# i Iiutatt ;itris qq uracy,arvaltt iyv #tyat tox imeritN .ate of Cattfarn1a t7b rtg0 s; It'Vebriittitif 202 bfare` ,Joan= urrrcE E ea es, (Vc� u lic te Were,4604 l:4i,.*ctnd ftte o(tt a am cee ag pe 4,4.0. It appOdi k Shawn; if8 t - ._.. _,...._.. _ .... lm4(4± sl14nar WI C pre4editQ rile thi0 sts a a4ae +e ezae die t* ie: 0.,,, ,,.. a to me{ K. s1 Sc E t vtthCr isui�ta �ac #awecec me a ieltk na ti#eO#tsesa Tr htet . , .artharizec t 0� and 44 1selersg'tt et�rto: e* a *** i U orkse o r psosi ,eeced* gs:# n * : ,. l ci'-11 rider I:'ENIAL.T1 "fit ti..MO t rtdie 'ie: ke ' 1 '' jo00$oRsai prat ih LS rr a orictrocc*rect _�ww,, t ary P t+�*tarrta�ni , 1 A OcangeCcwicSa *tint niy jatitotti gtlfiet i seal'.: ` CbmmititQirif'� *,��..�� t�ytfiomm.�xpira" 7, a _ ' • • IcnarKe '#1dciiiPio 'keal:otrciT ';5t i(1:` %i '� d, t o#�ciry`PPtrbik r ,t�,tttt iti r attar c In aiei"ei*att 'a Marx rtt, 04.4-u i v0 , x4:04*,14i6tire rt tf tHis irtm a aq ri 1liter tc f co nien. itescrFp#ro of A faeftai document IJtld•ar 1vp .of Docc men# i dart ntiont*# . _ . ,. .. ._..._ u , ai` 0, ii Sr.. er s t#teir 7 ti am : Oapa I y esr)C Imed t `:SitW kts Stgtier'etiMme Stgrier Nlaixiz, Ct 4otora#etftcer Ftttesi Cl 4brpotetet� ftfal� Q artrter Gt LJrtttted Of 0`ei r �t "ct tanner t ittittaet r Ger era pS�iriciIcttrat; ,* anteItr F d {idt ct'dtat 0#t#a e t tip, ; Q Tzrust t uer dtan1org0.14,ervotcc ci 1 t�stee. ,q irtatllian drr tit�sc ira#ei� ,f D 0t lei:. IDatfien 5tgnei Wkiii0reserrttng„ tgriietb iReirreseiittttgK ,x : li f .VDDIOVSTROXECTIIISTORY , or the 0.li.po§e tifithi*:ti*07.1e.4,ihe bidder giolt iiii&kie,,vivjat histait, a,',.:surittat .8itorirl; :4177.edifidAllY tateildilitft*tigrttetiOAE011.DegoilhopeeMe;work..04.agertgooloossol ifOrtt.01.4f.;*Or 4*0.1%)4tiCiiii4triiktitsii..of iiitleettiihilititthiiii of itisthtilitiiiia:Toi,C1001, stppimentI toi4100ititdeil , tisto.&W4*,4r-e.ftipiti**,AN:**24#06.10honaitt4111146iltetlife04#61*.*:ititi&-,tde*.likii .,, i'...*.41.44.41i0A.P0t6..744.04.461ervti.',14430fifiilltiiiggYe,....4. Ott.% ' . , 1: :i.L4:64:84:aietijAhlitiirtfielefitiotiblaii 61;.04:..20.WeliitetlAtitt6'1446-eft CA40846 , Vitidaiiiil.klitteii-eihititto-A*0 - ----'-------- ''''• - --- -- • -- ''.- - - • ,_ _ .. . 1441t-te Taii414howNiiot#4614't4Managers - Stevenjt.,:,8:0'.4.„ 4te,...„..„W,,, 0%,,. 33,....142.T„.. 574.. , !! tifi486.it0143M•:_„....„ .,.„.... .1 $00:76„tit.A'ff'ttor.i.'0.S.:,ofMoaorait,6.4441rig*i.., 111.11&i24... _„.. ___ ,.: ..... ..........„00:1*44„ ... --' Tl4,Miiii -- :21)74.0104104 1 .,,... oldt,ad,di,.Ju.,ojiahyt.,,910,4:,o,,s,.,:o,it:, i)ifotateiii4.4 s04 ., ,,,,;, ., !,s „ betAiitbladedei&iiieitdiat doom.:dbifottedtteetr beatet,thatitlefti, ' '•:arneifit*itiittWitati*tiiiiiiiiWttittet 004*,:ititOitied-iiiiiiiite4titt ' .., ,.. „ t it0,10,2'$',04.dti 001.00...480'.6.0 .0.1.06,0i'..-:2426:WebiOt07,•-fA*7..iii ttitidOgi:00tt;dk.900,TO ajo o'4Mii*46'ettiblidYik04 . 1 ltteii.e,o4Teteoheatl.,001tete4tiototett 00*t1.*:th* ,(t01):::.004.40. 14*0:0444 .:t.837000:60 i .61r$..i:ii.'.tOtdOgfiletiikdvogrkt:0 ... .... ,... ..0t,S',1172.04:.... .. . . . , :. .. ...,..,, teritraetAtieutiv .,:n110.0.2.,„,., , , -1)aletolitiete4. ''' ......,..,„...........„....._......,,.._, . ,..,...:,. . . ,: Provide:a44K.*1:Ptcig**4g.°tt0**'4 *Pik 040o.0600 roof arittrOtita6tvith bilk:61.46.A, 110,- .,. , . . . . _. . . .. _ . . ... .. . . . . . r.,:„CitilN0000.45,000,.1.,........_..._.. . ., , . , , .... ........... .._. . ........... . „ .. .. , .... , $1:..*i*ct'4.44iiif :Aie'titi.- - -- - ---- '-' - - •• -- -- ---- ' - 14441.*.iiiitUoptttite.*.d.atiiroalq4-togati., Torn Sandefur •(teili,§494.644.4321 • . f„ . . :. .,:tE463,itd d4taiiy..:fiiiiii* .eti 41,10V2.42-, 3 A: V.044*.tAtti- .00- t "Ty*tigwoik. :,,, .1)06 C *f oat,& • Pli0t4'64440,0***,..t4:00,114400 id ihcOr4-naillitwara 'ffectiti./gild ilk iiira4t&vtiditiliiiiiitiOle: t uptie..6dI6e.iiiiiiatiCirt.d626tetiller . . • . i,. .04 ,.. :..' 1,, i 1301.,MRLISCOSTOTO laista:teiditiittitid iidiika,kititioitea 04*itibiii*tifiditd6146t04.mill 00.--,*_itivii Arookofte:40.0itoitovigm.;*wolkgtioa-.4*HoroOptsi:**60.* li**iitiOt!toff 44 perforxn 40400.****100 .440*ty.,*:* T.400140***ms. have.00,g g.i.00.-.4.0 klifi4Y:*r*:‘t:0:a44it'4jtiik*.*t34.V4******0 snit !.,00pi-.-.*-0;t0,3***,0010.0Utoi0-4,01.-00*i4 0.#4,04-X.01000.*4 IL bib 011ititaili . . . .. .. :, telki6ii6IloolfAtiiiktiaioltdMativpit„ iftt,41711:44.1,$00 . . . 140 fizriteritk$000iii.doxiti . -0,0ifitieo,;tricitiletrizAtigek ffifiiitat4 _.......,......,....,„.......„„.....„... ...„. ... _.. .:,....,,, kiii.i .*:'..0iiii. .t* 14k4WAT ----'-' • -W41104: . . 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IRAY SURETY The Gray Insurance Company The Gray Casualty&Surety Company Telephone: 504-754-6711 P.O.Box 6202 info@graysurety.com Bid Bond Metairie, LA 70009 Know all men by these presents: THAT Armstrong Cal Builders Inc. of 3130 Willow St, Signal Hill, CA 90755 hereinafter called the Principal, and The Gray Casualty&Surety Company of Metairie,Louisiana, a corporation duly organized under the laws of the State of Louisiana, as Surety, hereinafter called the Surety, are held firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of percent of amount bid or the payment of which sum 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: Job Number: CC No. 1739 Project Description: Storm Water Pump Station Facilities Project Location: Banning, Hamilton, Newland, Marilyn, Scenario, Slater, and Yorktown NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specialized in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed this 26th day of February , 2024 , by: Principal:_ Armstrong Cal Builders Inc. Witness: �WA,/.4 ,4k74 Signature and Title: Signature: C _.f(2,42 Surety The Gray Casualty&Surety Company Witness: ° Attorney-in-Fact: Adriana Valenzuela,Attorney-in-Fact Signature: • No.09002 STATE OF CALIFORNIA • DEPARTMENT OF INSURANCE SAN FRANCISCO Certificate of Authority TI US IS TO CERTIFY_That,pursuant to the Insurance Code of the Slate of C'aliJbrnia. The Gray Ca etalty&Surety Company of Louisiana, organi_c'd under the laws of Louisiana, subject to its Articles of incorporation or other fundamental organizational documents, is hereby authorised to transact within this State.subject to oil prurisions cif this Certificate.the following classes of insurance: Surety us such classes are now'nr may hereafter be defined in the Insurance Lars of the State of California. TI US CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in lull compliance with all,and not in violation of stay,of the applicable laws and lusfd requirements made under authority at the laws of the State olCalifornia aA long as such laws or requirements are in effect and cappltcuhle.and as sac*laws and requirements now are.or may hereafter he changed ar amended. IN WITNESS WHEREOF,effective as of the Nth day tf.4larcit 2012. 1 hove hereunto set my hand and caused my official seal to be affixed this 1,lth day of Harsh,,2012. Fec S3I Moo Dave Jones hemevncr eummess,mrer Rec.No. Fitted 81f12011 Ry usan.l.Stapp tirtienie Hope Otter bgran- Certification • 1.the undersigned Insurance Commissioner of the State of-C'utifornia do hereby certify Mat/hurt compared the above copy of Certificate of Authority with the duplicate of original now on file in my office. aril that the same IN a full.true,and correct transcript thereof,'and afthe whole o f said duplicate.and said Certificate of Authority is now in full force and effect. IN WITNESS WHEREOF_I have hereunto set my hand and caused my official seal to be affixed this 4th day af.lune, 2012. Dave,lanes • haumncr Curmnavrner at P A% 4- — ?attune D.4nndrea Alliant Insurance Services,Inc. 01/30/2024 10:40 436320001584 THE GRAY INSURANCE COMPANY 111E GRAY CASUALTY&SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: N/A Principal: Armstrong Cal Builders Inc. Project: Storm Water Pump Station Facilities, Bid#CC No. 1739 KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety Company,corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do hereby make,constitute,and appoint:Jay Freeman,Christina Mountz,Cynthia J.Young,and Adriana Valenzuela of San Bernardino,California jointly and severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,or other writings obligatory in the nature of a bond,as surety,contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of$25,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty&Surety Company at meetings duly called and held on the 26m day of June,2003. `RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the.Company bonds, undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and to attach the seal of the Company;and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is attached_ IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto . affixed,and these presents to be signed by their authorized officers this 4th day of November,2022. sel 1( ir.7)1 yNts G,.,. of{SEAL i By: Michael T.Gray Cullen S.Piske 11 SEAL s m. __ :;; President President The Gray Insurance Company The Gray Casualty&Surety Company y��., ,.�r. State of Louisiana ss: Parish of Jefferson On this 4th day of November,2022,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance Company,and Cullen S.Piske,President of The Gray Casualty&Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. UVVVIA MA. Leigh Anne Henican Notary Public y "+ Notary ID No.92653 Leigh Anne HenicanNotary Public,Parish of Orleans State of Louisiana 'AL_- Orleans Parish,Louisiana My Commission is for Life I,Mark S.Manguno,Secretary of The Gray Insurance Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect.IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Company this 26thday of February , 2024 • - 744,41444.7-Awbook I,Leigh Anne Henican,Secretary of The Gray Casualty&Surety Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect.IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Company this 26th day of February , 2024 • t"+OW Off_ �03R �1�5Ya:G .6) jAilk, Um/kJ/ �= SEAL ix' `<d SEAL g 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 San Bernardino On FEB 2 6 2014 before me, Kassandra De Leon, Notary Public Date Here Insert Name and Title of the Officer personally appeared Adriana Valenzuela Name()of Signer() who proved to me on the basis of satisfactory evidence to be the person() whose name() is/qte subscribed to the within instrument and acknowledged to me that Me/she/tiney executed the same in hp/her/their authorized capacity(ips),and that by h]s/her/their signature()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 1 .;.,�: . KASS-ANDRA DE LEON is true and correct. e ., COMM. #2408438 z Notary Public • California �' z•1-:.° o WITNESS my h d d official se . Z• Orange County • t' ; My Comm.Expires July 15,2026/ Signature nature 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 IX)Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator D Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is.Representing: ©2015 National Notary Association•www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 e CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 - ... .. .t. .;ecS... .•:i;._,._.,_. _ _ ...,.. ...,.S...P S'i`s•F:::., ii:..... ...._._ ... 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 J} On 27 February 2024 before me, Jo-an Guino Reeves, Notary Public Date Here Insert Name and Title of the Officer personally appeared Shawn Salah Nome(d)of Signer(d) who proved to me on the basis of satisfactory evidence to be the persorr)whose names • /are subscribed to the within instrument and acknowl-•ted to me that he/she/they executed the same in is er/their authorized capacity(i$,and that baPP er/their signatur0)on the instrument the person(s),or the entity upon behalf of which the person(s).-cted, executed the instrument. I certify under PENALTY OF PERJURY under the. laws of the State of California that the foregoing 4 , JO-AN GUINO REEVES paragraph is true and correct.Notary Public•California orange County s: WITNESS my hand and o icial seal. % Commission If 2436731 tPrOg° .My Comm.Expires Jan 31,2027 Signaturejature .e Place Notary Seal and/or Stamp Above of ublic Notary OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer Is Representing: ©2019 National Notary Association y ,, ,,.aT..» k;.., ..,r,4,- '.A.Air'.1"''_ .x1114,3,t,t n. :,.'.a4:^2..m .`:r4 ,`r#.,.,«tr. . 4.\7y .w..3l.r 01-;r..+`l M c1F•4 a " rrmstrong i , Ego cal builders 6 4 FROM: Armstrong Cal Builders Inc. i k `-A P.0 Box 249 Stanton,CA 90680-0249 ` � Telephone No.:562-837-8130 . License No.:990992 "�q Classification: A,B PUBLIC WORKS OFFICE kF City of Huntington Beach is 2000 Main Street v`�z`v' Huntington Beach, CA 92648 ' OFFICIAL BID SECURITY - DO NOT OPEN r�.3 Project Name: Storm Water Pump Station Facilities Roofs,Doors, Louvers) Replacement&Improvement at Banning, Hamilton,Newland,Marilyn, Scenario, Slater, and Yorktown Pump Stations fe CC#: 1739 Bid Opening Date: February 29, 2024 at 2:00 p.m fi'' Y 7.4-Nifeg tiff yf 5i . �'.i �d .t..zAt .,, ' '5 w.,43,, ..' '-_ p .Ph , ..a r . ` x*s,.s.,'d.�i ._ram ' '= �'+ Atti f .. City of Huntington Beach b ` �ORrORa,r . ���°� _ `` ��. \ 2000 Main Street ♦ Huntington Beach, CA 92648 Lk) __ a (714) 536-5227 ♦ www.huntingtonbeachca.gov 0 Office of the City Clerk COUNTY �P ®� Robin Estanislau, City Clerk April 5, 2024 First Trade, LLC dba YMC 13110 Spectrum Irvine, CA 92618 RE: Storm Water Pump Station Facility Improvements Project (CC-1739) Enclosed please find your original bid bond for CC No. 1739. Sincerely, tA2041.4., 9.4-mostaito Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan rsf� 2Te oLLG SECTION C PROPOSAL FOR THE STORM WATER PUMP STATION FACILITIES (ROOF, DOORS, AND LOUVERS) REPLACEMENT AND IMPROVEMENT AT PUMP STATIONS: BANNING, HAMILTON, NEWLAND, MARILYN, SCENARIO, YORKTOWN, AND SLATER CC NO. 1739 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 t14 � .�$gda >Q, starting from the date of the Notice to Proceed with Work after materials are procured. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications,Exhibits,Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that fmal compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE c-1 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. 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 in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed 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: Adderr lirm 1Ya Pate ltecexved$Z 11 Bitiderf C-2 PROJECT BID SCHEDULE A REPLACEMENT AND IMPROVEMENT OF ROOF,DOORS,AND LOUVERS ~f AT PUMP STATIONS: BANNING,HAMILTON,NEWLAND,MARILYN, 7- 4 SCENARIO,YORKTOWN,AND SLATER CC-1739 BID ITEMS Iota Cost item Description A`ppyyr��o�p}�y{}i Unit Um Cost pyry Q�(� No- �' te QUan Wt f K i E ,Watension) 1 Mobilization(Limited to 6%of Total Bid) 1 LS $34,000 PROVIDE ALL LABOR AND MATERIALS TO REMOVE, DISPOSE OF, AND REPLACE ROOF 2 PER SPEC AND APPROX. SF. (This item includes allowances for replacement of 100% of fascia boards and 6 sheets of 4' x 8' x 5/8" thick plywood at each station.A schedule of values will be required) 2.a BANNING(1,650 SF,170 LF of Fascia) 1 LS 78,000 2.b HAMILTON(1,375 SF,160 LF of Fascia) 1 LS 63,625 2.c NEWLAND(1,250 SF,150 LF of Fascia) 1 LS 54,000 2.d MARILYN(1,000 SF,130 LF of Fascia) 1 LS 48,000 2.e SCENARIO(800 SF,120 LF of Fascia) 1 LS 35,000 2.f YORKTOWN(750 SF,112 LF of Fascia) 1 LS 35,000 PROVIDE ALL LABOR AND MATERIALS TO REMOVE AND DISPOSE OF EXISTING OPENING 3 ENCLOSURES AND FURNISH AND INSTALL NEW EXTERIOR STEEL DOOR(S) PER SPECIFICATIONS 3.a BANNING Steel Door(1—single 36"x 80") 1 EA 6,000 3.b BANNING Steel Door(1—92"x 117"total opening) 1 EA 1 1,500 3.c SCENARIO Steel Door(1—40"x 81") 1 EA 6,000 3.d SCENARIO Double Steel Door(1—72"x 81") 1 EA 8,500 3.e YORKTOWN Steel Door(1—40"x 81") 1 EA 6,000 3.f YORKTOWN Double Steel Doors(2—76"x 81") 2 EA 23,000 C-3 3.g SLATER Steel Doors(3—40"x 81") 3 EA 16,500 3.h SLATER Steel Roll Up Doors(8—94"x 123") 8 EA 48,000 PROVIDE ALL LABOR AND MATERIALS TO REMOVE AND DISPOSE OF EXISTING OPENING 4 ENCLOSURES AND FURNISH AND INSTALL NEW LOUVERED DOORS AND LOUVERS PER SPECIFICATIONS 4.a BANNING Louvers(4—48"x 72") 4 EA 38,000 4.b HAMILTON Louver(1—673/4"x 80 Y2") 1 EA 15,000 4.c HAMILTON Louver(1—71 YB"x 80'/:") 1 EA 14,100 4.d NEWLAND Louvers(7—24"x 40") 7 EA 24,500 4.e MARILYN Louver(1—47"x 71") 1 EA 7,000 4.f MARILYN Louvers(3—32"x 51") 3 EA 22,500 4.g YORKTOWN Louver(1—56"x 80") 1 EA 9,500 4.h YORKTOWN Louver(1—48"x 48") 1 EA 6,500 TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A $ 610,225 TOTAL BID AMOUNT IN WORDS: Only Six hundred ten thousand two hundred twenty five. Note: Refer to Section 7-3,Measure and Payment for description of each Item on Bid Schedule All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension,the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-4 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 hf State DIR PWC Dollar' %of w stration# Class s ltem(s) Subcontractor License Amvuait ConPour . Number'; Elegant Construction 1053447 1000406720 $25,000 5% SouthLand Roofing 1042623 1000648643 $195,000 35% T3 Contractors 867365 1000002965 5% Abatement By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform at least 50% of the total work and the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 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 2/28/24 at Irvine , CA Date City State Yahia Meine , being first duly sworn, deposes and says that he or she is President of First Trade LLC dba YMC 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. First Trade LLC dba YMC Name of Bidder 'Hakim Tttaistc. Signature of Bidder 13110 Spectrum, Irvine CA 92618 Address of Bidder C-6 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 STORM WATER PUMP STATION FACILITIES (ROOF,DOORS, LOUVERS) REPLACEMENT &IMPROVEMENT AT BANNING,HAMILTON, NEWLAND,MARILYN, SCENARIO,YORKTOWN,AND SLATER PUMP STATIONS, (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. First Trade LLC dba YMC Contractor Yahia Meine 'Maass Tstelma By President Title Date: 02/28/2024 C-7 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 1No 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-8 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. First Trade LLC dba YMC Contractor Yahia Meine !atria Tkaixc. By President Title Date: 02/28/2024 • C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: First Trade LLC dba YMC Bidder Name 13110 Spectrum Business Address Irvine CA 92618 City, State Zip ( 949 ) 232 7512 johnm(c vmc-us.com Telephone Number Email Address President 1113095 B State Contractor's License No. and Class Original Date Issued 11/30/2025 Expiration Date The work site was inspected by John Meine of our office on , 202_. The following are persons, firms, and corporations having a principal interest in this proposal: Yahia Meine Evad Mallis 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. First Trade LLC dba YMC Company Name Yahia Meine Signature of Bidder wawa Niauca. Printed or Typed Signature G10 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. Original Sent in Bid Bond Package Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) c-11 BIDDER'S PROJECT HISTORY For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example, "Construction of(or rehabilitation of existing) roofs for City"}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address, and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. City of La mirada - Theater Name and Address of Public Agency Name and Telephone No. of Project Manager: Eddie Miller- 714 316 9446 $680K Re-habitation 2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: The project include the replacement to Storage room roofing 2. Saddleback Valley Unified School District- El Toto HS Name and Address of Public Agency Name and Telephone No. of Project Manager: Haz Masri - 949 771 5136 $822k Renovation 2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: The project included New roofing for the boys and girls restrooms 3. City of Inglewood community Name and Address of Public Agency Name and Telephone No. of Project Manager: Brandon Ely 714 801 7511 $960K Re-habitation 2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Roofing repair 4000 sf C-12 BIDDER'S CRITICAL STAFF Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. John Meine Name of proposed Project Manager Telephone No. of proposed Project Manager: 949 232 7512 Canyon HS Gym Re-habitation including roofing 2022 Project Name & Contract Amount . Type of Work Date Completed Jefferson HS Comprehensive renovation 2023 Project Name&Contract Amount Type of Work Date Completed City of Inglewood D4 Building Re-habitation 2023 Project Name& Contract Amount Type of Work Date Completed 2. Rony Pablo Name of proposed Superintendent Telephone No. of proposed Superintendent: 562.726- 7204 City of Inglewood D4 Building rehabitation 2023 Project Name & Contract Amount Type of Work Date Completed Martian - SAUSD Classrooms renovation 2022 Project Name&Contract Amount Type of Work Date Completed Gabriella Commercial Retail Plaza 2021 Project Name & Contract Amount Type of Work Date Completed C-13 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854(citing Labor Code Section 1771.1(a)),passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year)with the California Department of Industrial Relations(DIR). Currently the annual non-refundable registration fee for Contractors is $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.mv.salesforce-sites.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. First Trade LLC dba YMC Contractor Yahia Meine By johnm@ymc-us.com Email President Title Date: 02/28/2024 PWC Registration #: 1001122927 C-14 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, First Trade LLC dba YMC as Principal, and Merchants Bonding Company(Mutual) as Surety, are hereby held and firmly bound unto City of Huntington Beach as OWNER in the penal sum of Ten Percent of Amount Bid ( 10% for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this 22nd daY of February 2024 • The Condition of the above obligation is such that whereas the Principal has submitted to City of Huntington Beach a certain BID, attached hereto and hereby made a part hereof enter into a contract in writing for the STORM WATER PUMP STATION FACILITIES(ROOF, DOORS,AND LOUVERS) REPLACEMENT AND IMPROVEMENT AT PUMP STATIONS: BANNING, HAMILTON, NEWLAND, MARILYN, SCENARIO,YORKTOWN,AND SLATER CC No. 1739 NOW THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attachment hereto (properly completed in accordance with said BID) and shall furnish a BOND for faithful performance of said contract, and for the payment of all persons performing labor and/or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise that same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WETNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. First Trade LLC dba YMC Principal By: /kg ‘71 ...... Merchants Bonding Company(Mutual) :••Rp0ip •. Surety •40 :GO 4 ; ,1: By: : : 1933 omey-In-Fact Chri I rs •:tr; •\<�C IMPORTANT- Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Power of Attorney must be attached. 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 FEB-Z 7 2024 ,before me, Albert Melendez , Notary Public, personally appeared _ Christina Rogers who proved to me on the basis of satisfactory evidence to be the person(x) whose name(x) is/aVe subscribed to the within instrument and acknowledged to me that ke/she/thby executed the same in hics/her/tWeir authorized capacity(ixs), and that by Ms/her/their signature* on the instrument the person(g), or the entity upon behalf of which the person(x) 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. ALBERT MELENDEZ Notary Public-California orange county 1 WITNESS my hand and official seal. Commission x 2391461 — " `My Comm.Expires Jar.23,2026 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: Document Date: Number of Pages: Signer(s) Other than Named Above: MERCHANT'S 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, Christina Rogers Surety Bond t Bid Bond First Trade LLC dba YMC Obligee: City of Huntington Beach their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) 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 adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. '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 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 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 Comoanies have caused this instrument to be sinned and sealed this 22nd day of February , 2024 •••A YiON4�•..�, :•0N�G CO�.,� MERCHANTS BONDING COMPANY(MUTUAL) y�1. .......... .� e.43t PD. ....• oc . MERCHANTS NATIONAL BONDING,INC. • ▪ K O• R 9•• 9y d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY • :Q: Z ;Z : •:Z'• v': 2003 :;A: :y;. 1933 • •• �cy: STATE OF IOWA •••�' •• '•••• •�• •• President COUNTY OF DALLAS ss. On this 22nd day of February,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. Rik PENNI MILLER 0 a Commission Number 787952 z lot 7 My Commission Expires 'ova January 20,2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,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 22nd day of February ,2024 . .••Pt101VA • ••.,� .6609 O Cps•.. y• �EtPO .ep; 4O?ZSP09.i."10 SJ� i%s' ▪ v -o j AOS, ti:=O -o- ery'i: !s/ �p�rlJ7�. _ :2: :a: 1933 • Secretary .▪ 2003 :.�; •.yv. ��ti: >x • POA 0018 (1/24) MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY(MUTUAL) • P.O. BOX 14498• DES MOINES, 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) .��\N� CpM•. Oc,pP09 •.q•. • O •Z o:3 •de; 1933 : .y • ti. By: al&Pri 7 Larry Taylor,President 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 ;2f tk I aO,a'.\ before me, SUGAND FARAJI, NOTARY PUBLIC (insert name and title of the officer) personally appeared YQ IA,Gt M eL4k 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. SUGAND FARAJI WITNESS m han n fFicial seal. . ; = Commissions 2473427 y e is , Notary Public-California C "� ORANGE County My Comm.Expires NOV 22,2027 I Signature (Seal) -./',•• ._.. .�-^w•_u. .-�...�-�1...........-.._.-1.....-a<....�t..%. .✓�l ..." .'",--�...,..-.� ;_-.,...._.�....ri',..-��^r..Mn�.,hn.,F�_,,,.-.... ti..-4..,.^6.....�nz:^�+tY�^w.crc�.:,w+-. an/AM Retail PRIORITY MAIL ` Pi PRESS FIRMLY TO SEAL FLAT RATE ENVELOPE . P US POSTAGE PAID POSTAGE REQUIRED 85 Oigi4:426'18 - 02/2n 9 ■ 0537090250-11 RIORITY® Pdt - PRIORITY MAIL® — MAIL FROM: 0 Lb 2.40 Oz YM C J RDC 03 r ' I ■EXp /3//0csperilruNY7_ )rt"'+ . 9 EXPECTED DELIVERY DAY: 02/28/24 •Don ms apply).* cA ct 2-6.i g a USF. CO21 r International destinations. �1 . U SHIP UDkM �lL\vk� IN Dili To: • 3 2000 MAIN ST is Who rr r HUNTINGTON BEACH CA 92648-2702 :required. 131 4 c1 23 2 76.1.. : „r` *Insurer 1�.-�'• Iusions see the 3 Domest USPS TRACKINGSI i "See IT limitations of coverage. Prac-4113e( TO: Liof oPev.o.% e7 i To schedule tree Package Pickup, �e r Mt M u a4 iO scan the OR code. 4 pump/'A •� % fCUC.r lit irs FLU ONE I 9505 5133 7399 4055 9885 07 El•-•0 COrY p• WiAM if o, 11. f o P b(sL Wori< oggv�` t TR). USPS.COM/PICKUP 2coo Main 3'h^ 44dM4m $c,...1k oA 92648 II Il�IIIII IllllllllllllllllllII miry 1 Ogg. `3;d .%eu 4-)' • PS00001000014 EP14F October 2023 PAPER E. OD:121/2x91/2 POUCH ; 1."0 +Aok .opvw. — �`", 1.INGT o�� City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 � _ 1 6- 22 • www.huntin onbeachca. ov _ - - C7 4) 53 5 7 � g -'< 5, Office of the City Clerk cUNTy Ca9,J Robin Estanislau, City Clerk March 12, 2024 Rhome Profile Construction Corporation 19171 Magnolia Street, Suite 5 Huntington Beach, CA 92646 RE: Storm Water Pump Station and Facilities Improvements—CC No. 1739 Dear Mr. Earwood: • Due to the withdrawal of your proposal, please find your original bid bond for CC No. 1739 enclosed. Sincerely, 14,4141,, h Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan U.S. Specialty Insurance Company l"l5 601 S.Figueroa St.,Suite 1600,Los Angeles,CA 90017 (310)649-0990 ti BOND NO. BB2022801 PREMIUM N/A BID DATE: February 29.2024 s BID BOND KNOW ALL MEN BY THESE PRESENTS,That we, RHOME Profile Construction Corp. (hereinafter called Principal),as Principal,and U.S. Specialty Insurance Company ,a corporation, organized and existing under the laws of the State of Texas and authorized to transact a general surety business in the State of California (hereinafter called Surety),as Surety,are held and firmly bound unto City of Huntington Beach { (hereinafter called Obligee) in the penal sum of ten percent( 10 %) of amount bid not to exceed Ten percent of amount bid Dollars($ 10% ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,That,whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Storm Water Pump Station Roof and Facilities Improvements Bid#CC-1739 3 NOW, THEREFORE,if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the A undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not exceeding the penal sum of the bond. SIGNED,SEALED AND DATED THIS 28th DAY OF February , 2024 RHOME Profile Construction Corp. PRINCIPAL By: ?4, 4r U.S. Specialty Insur nce Company • By: (7r , Cynthi .Y J'ng,Att ey-ih-Fact HCC577770B04/10 CALIFORNIA,ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT • - A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On 02/29/2024 before me, Kenneth Chiang, Notary Public (Here insert name and title of the officer) - _personally appeared Rodney Lee Earwood 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. �.. , KENNETHCHIANG • WITNESS my hand and official seal. �t, Notary Public-California-a}'-,•, Orange County Commission N 2334921 nuns My Comm.Expires Oct 6,2024 r Notary Public Sigma ure (Notary Public Seal) -♦ ♦ INSTRUCTIONS FOR COMPLETING THIS FORM ADDITION AL.OPTIONAL INFORMATION This form complies with current California statutes regarding nolan'wording and. DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that slate so long as the wording does not require the California notary to violate California notary US Specialty Insurance Company lath. • (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must he the date that the signer(s)personally appeared which • • • (Title or description of attached document continued) must also he the same date the acknowledgment is completed. 02/28/2024 • The notary public must print his or her name as it appears within his or her Number of Pages 1 Document Date_ commission followed by a comma and then your title(notary public). • • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. lae/she/they. is/are)or circling the correct'forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. O Corporate Officer • The notary seal impression must be clear and photographically reproducible Sr Vice President Impression must not cover text•or lines. If seal impression smudges.re-seal if n (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of D Partner(s) the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Indicate title or type of attached document,number of pages and date. ❑ Other Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO.CFO,Secretary). N.)+.arVC; S.corn 411O.9 r'1-.Sr`'i • Securely attach this document to the signed document with a staple. 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 ) ss San Bernardino County On FEB 2 8 2024 , before me, Kassandra De Leon, Notary Public, personally appeared Cynthia J. Young, who proved to me on the basis of satisfactory evidence to be the person4s3 whose names) is,Lafe subscribed to the within instrument and acknowledged to me that he,Fshe/they executed the same in hisAeriitheic authorized capacity{ie4, and that by #is,1her theif signatures}on the instrument the person.&},or the entity upon behalf of which the person(54 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. I KASSANDRA DELEON COMM. #2408438 z g, Notary Public- California o z Orange County Comm.Expires July 15,2026 t Signature: (Seal) Kassandra De Leon,I.tary Public • • STATE OF CALIFORNIA DEPARTMENT OF INSURANCE Nto 07984 SAN FRANCISCO • Amended Certificate of Authority . _ THIS Is TO CMKiirr THAT Pursuant to the Insurance Code of the State of California, U S. Specialty Insurance Company of Houston, Texas • organized under the laws of Texas ,subject to its Articles of Incorporation or • otherfundermental organizational documents,is hereby authorized to transact within the State,subject to • all provisions of this Certificate,the following classes of insurance. Fire, Marine, Surety, Disability, Liability, Workers' Compensation; Aircraft, and Miscellaneous • as such classes are now or may hereafter be defaied in the Insurance laws of the State of California, THIS ChttatiCA.TH is expressly conditioned upon the holder hereof now and hereafter being in • fall compliance with all,and not in violation of any,of the applicable laws andlawfid requirements made • under authority of the laws of the State of California as long as such laws or requirementr are in effect and applicable,and as such laws and riquirements flow ore,or may hereafter be changed or amended . - • - IN WITNESS WHEREOF,effective as of the 29th day of December 2004 r have hereunto • set my hand and caused my official seal to be affixed this 29th day of December 2004 • oho Ga amendi • • rani", .r • • By II le/ for Ida Zodrow D • ' Deput NOTICE: Qualification with the Secretary of State must bo accomplished as required by the • .1Y after issuance of this Certificate of Authority.Failure to do so ivill bee violation alarm=Code Section 701 and I 11 be grounds for revoking this Certificate of Authority pursuant to.the comments made in the application therefor and the cianditions contain' ed herein. • KMAC04 Sa 05P 0)Waal • • TOKIO MARINE HCC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That,U.S.SPECIALTY INSURANCE COMPANY(the"Company"),a corporation duly organized and existing under the laws of the State of Texas,and having its principal office in Houston, Harris County,Texas,does by these presents make, constitute and appoint, CYNTHIA J. YOUNG its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver bond number BB2022801 issued in the course of its business and to bind the Com,,pan thereby, in an amount not to exceed Three million and 00/100 ($3.000 000.00). Said appointment is made under and by authority of the following resolutions of the Board of Directors of U. S. Specialty Insurance Company: "Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.°Adopted by unanimous written consent in lieu of meeting on September 1st,2011. The Attorney-in-Fact named above may be an agent or a broker of the Company.The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company. IN.WITNESS WHEREOF, U.S. Specialty Insurance Company`%%Ja used its seal to be affixed hereto and executed by its Senior Vice President on this 18thday of April,2022. ��y lnsurs���,,,� P U.S.SPECIALTY I SURANCE COMPANY VI- - ' �� -B '1A Adam S. Pessi ,Senior Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles On this 18th day of April,2022,before me,Sonia O.Carrejo,a notary public,personally appeared Adam S.Pessin,Senior Vice President of U.S.Specialty 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,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 myhand and official seal. san"o't"siar�o SON wain.California Los Angelo County I Signature ,Ill s^,r Cmrmtssion 0 2398710 J ,�, (seal) �auz mvcomm.Expires Apr23,2026 I, Kio Lo, Assistant Secretary of .S. Specialty Insurance Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above,are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of saidrrCompanies at Los Angeles, California this 28th day of February , 2024 . ,ay ins` ,.,,, = i� BB2022801 Bond No. =w ' A •d= Kio Lo, • Secretary Agency No. 3501 r Visit tmhcc.com/surety for more information n"aim rnnM�� ``` HCCSOZZPOAUSSIC07/2023 Oftc`SLTA u e \f Do NI Pre,6ect- Nctime c+or, 1.J a.�e�' �t.�r-gyp S�'u o l t�-ac,(1� � ��fS pcx)r ,L ounv%iay-1 i 14-0►1 N ,towel , rtar i L\IA , Scnnctft a , S lu�-�r, eLytA York'01,,,1 eu P (2, I-1 39 Date- Fed rucLrt 2°t ) 2o2`-t a;� 2:Uo P r PROFILE imJ flONcourt Rhome Profile Construction Corporation I License$11049171 19171 Magnolia Street,Suite 5 Huntington Beach,CA 92646 Phone:(714)766-26331 Email &Jai id/lidtWnitsILW/ tfuW/011.40111 March 8,2024 To: Rafael Suarez City of Huntington Beach 2000 Main St Huntington Beach, CA 92648 Re: Withdrawal of proposal for Storm Water Pump Station Roof and Facilities Improvements, CC-1379 ('4-39 Rafael, After we submitted our proposal for the above referenced project we realized we had made a mistake on some of our pricing for the roofing scope of the project.We did not realize that it was a requirement to be a certified installer by the manufacturer of the roofing materials that were specified in the bid.Since we are not a "Garland certified installer"we are unable to meet the requirements specified by the bid and our installation would not be warrantied by Garland. If we adjust our proposal to include installation of the roof by a separate"Garland certified" installer our final lump sum bid price would be$525,000. Alternatively,the city could award the bid as is and allow us to issue a change order to meet the $525,000 total price above. In order for that to work we would have to have assurance at the time of award that a change order would be approved. This is a savings of approximately$50,000 over the next bidder. If the City will allow us to amend our proposal price we can complete the job per specifications for that price or execute the alternate method described above;if not,we wish to withdraw our proposal. Sincerely, ift4 Rod Earwood I Senior VP, Rhome Profile Construction Corporation tefiffrite., Sl0,110,N 0 PROPOSAL: FOR ITS STORMWATER PUMP STATION FACJUTIES DOORS,- AND LOUVERS) REPLACEMENT AND , IMPROVEMENT AT . „,, . • . ,„ , • . rv----mi#ISTAITONSfAONING:11-AMIL., DI,E-Nyti—,AN, , ,D MARILYN,:SCENARIO,. 021M—T04.M,'' SLA:Ttrit, CC soam TRINE Ore orOMMION)$$.00 TO TIlE•HONORABLE MAYOR AND OF THE COUNCWOFRIATINHOWAAR* Iii.,•-aititatidd with the'Notice lot*Electronic Bids, the undersigned hereby .0pg*and agrees to all the wok:ther4t44$0.iffie4otaTti furnish all itho4tialdifil4A4Atiiit and • incident insurance therefor,in accordance Oh:*plans and i*;$01 . • *14:4*.zatihiOtpVt100:0tof;:th*04 of Huntington110,04 The undersigned agrees to#00:i* the iiioft,tho**,$4 the•satisfaction 0'g#4 under the supervision,0*giOn*go of the Pr* 4ruhiiiiitgtoho*hii;v410 ottorit-Aw4#4410:t4t31*01I4**000 The 044:0700:0400: to complete the work Mitt-4 Alai*:boot**4:40 of the Notice to Proceed with Work after • BIDDER declares that this.proposal zcareful examination of the work site, plan , specifications,tiffigi*Itoetittlism th•Siddiiitilitiltbtii&thritFot#pcgmr* if this proposal is accepted award, aIDOM agrees to enter into a contract wittilititistek at the unit 1*„.p sum prices setAith.in followingfga:Scoalik„ BIDDER understands that failure to enter in*g±,c911#40in 41.,.em*Amr m4ttpypTgam17g4*:iito§gtio fc*ftwilqAGENCY:of • .10:*40 accompanying this BIDDER understands;iol a bid is.required$0m0*tow*.o.tx:* the estimated quantities set • fàrth in the Bid Schedule are solely for the purpose of comparing bids and that.final compensation under the contract.will t‘Stitit**);.4:414tviooffilo ot*.t4iki sAii4A4orilyo--.4fittot THE /�( .� .�..t ��yr ram. �}.�.'�j *�('� 7,�+.�'�,�( }� t�+ ]�'1`/�'��Y(.�r�+�p z�..�1 '�{(♦c.� l'Y�� SEilVE liEard F]T 1<Q DELETE l,l<EIVEFRO. i l:iVG�1 ERA T 1L.* ags d 1 unit a Wor *stzth ri eS„ it #1bluu ena1 a u to ecpens4 i s)n y i ee esx ete,axldr`c+ 11"fie guaranteed for a..per xod s&t 'da frox.fih Sid c eningF date r t- c t irm0,th + o ct ls.not awarded 'then '41, 041thhd and `Tl e-gro,e4. ;jfAtho aMaiu id vn3 r es ka�I z suer d n rfi ar€ d the tfntraet the u 4erszgned rat7,0 h �lx e- er a€tl a BJ1)D de 4l o dt t rt,- Ga c a fi neces F on r t ti ani a cert%�t Q w ing days'FAO the<&ate gf A ' aotieewof gvr and Q n to p tke 1 1 :the ,aeeed g the r se�u�y�,cccEmpax��tng tT�btd.shall l�ec��rye perr��`th,��.�00? • s bxd and thtw.,a eptan ierea n ,at die AG NCTSr aptxo 179 p sxdggdr*J.a yggtt e mp n i l ti�is 1pQsa o > d� nd ' ,4 eainount of>�-a" M ddet���rt� ��� sad anxount is;n teos filo:1M of the aggregar o *tot .bid prtc as'requlr`ed bb three hag$$e4,1ed BY E pa jtee : the;4:GEN Y (P.lea* rnserkt ee ds`"flash' Che " o'10dde61 and far t'% the�aase rr a4 bed _ s zclar .; urety$Fick Buncl fame tvitteetthtill ecelpt of all Addetida here if an Addendum JateXeeeiv " ig PROJECT:.RIDSCHEDULE,A, ,,V,•,-:,,,.Ct ‘:, REPLACEMENT AND,illOittiVESItiittOrttOO*4)6,00*.414.6ittiMM.'v,. 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'1e4, , 41 . 47:6#*4'0)4004110;'-****00:qg : 4* -, 1 W.%I i: -fSIS , it 487*...405401014,P4'wpe...zm 4 . , - ` S ``4F:S C:OIMACT RS►_' k,actor ant Gc 0ii:* n ode 0,0004 04;;the Bidder-s°hal set fo li the zan1e n4. business add ss ofeac subcontractor Y w1l pe +gae worI .or render se viceFto the 1 dd r oft - saR ontra t ire,am amount in ass of o t4414lf'of;Que pooti of the tofat Ord or.$1;0,4.01 1u or* eaterx.an e� o rt o t re work to be do b s sabcontractat Bid 3Qmc an Address of` fitu$e- ' s M:fi w r� Do :+o,1 • No ;tabco. ache r L ten t .Itiegis$ratron 4.mount ' Co rfr rirlrtf' `r_.5 Rdo R&S.OverheadL7adet of Say 755821 C611, 1.00001737'4 VI'M Qratigetborpe*Pe Si R;nahO CA.92801 t41 . . • • • • • • • i • ij • • 1, • f I That id is ilikto afitwill cootiittit at last.SO4a.af tie total r o catiitid balance o :all ror03rTiic s.aot coder: ..M:. a ce subconogo Iist�rA Tat t# AGENT will tie q ishecl r res of all..su con iracts en erect mto a nd bonds 2 futiiii ted by s ib. on actor 6. t13rs *q.c:t NON:COLLUSION AFFIDAVIT TOijw FocEctITED BY iliDOERAND SUBMITTED WITILOID La'00.4***4001.100. 0:40.60: tt40 16-01**0 0:0404.Stito tift Oitootia tottio i'00.00.410H AoloOttsot'404*tis cxtion i0,0X0.4*ai00004-44t fii000-00t$0.40) „.. 0.4* 44.-go's .14410m0 „ . •*tieing ffrSi'ditify.svwriv*p9:q9 pow 07.0* genitarovice*Risjo:cint 02,60gto"YrookiJognort4900, Coportint1tetyttty: tgdii:g the toolotoihidAutiflotifes oat oakkittihantwarbt •indtsc1osederson,. ygotk: cpmpany,,a soa$on, orga1iizaton'7 at 00476116:04,1hat te h4ls" gemioo arid rot OtlA#Y,oOg'Wgtttgi:4'*V4kt:1*5OOt ftotfiyor*kootKfo400k000-tf.*4.00tli:o4t:iOr 16.00 ittON'ic0g10470 1$4011'.4 hnQt dfre1y q PO04 011**qtootodi gougyv4,:o 4000440 aii 4140, ottyOr .0.$0,34 Pt in a shäxnbid, r that anyone biddei ho:1*#.E:f0 any 044170i.:..4itOOO$ or ioaigotty, $001*'74 Otto** 0:0***00014o 5011**0.00.with attyone tp tbebii oiwofil*t'eor:ot4o:*44*Io geql4t6.4450-gOkot..440-40#*tho.P0400.6.'gtotSog the otittaAlkoroyogstCdi the 11f0ditid„.tolitthtNAhatall gta*.ineti*corit*It04ftrithp1714.gr;tfwg,4,t*Vkro,*t-Alg-::*ggtfw, itt Soto*oriittitealyoubtattaliitiotlieViikoda theretf or 0404,1Oromii.00 or data relative re :or gag:4714J:wilt aorp4y',.fWo,to any 9917917.4.#9.%7.4#104i17i gc.MAIr4§W.001101Ii 0.;...rgo#1;:„Iatimi't(1010po01m or*any moitfor,,or 'effeduat64.651:fug4yr slamlict .:13f.f.OWP04700.0000.0,04006.041.101. . ISTatittinirdclet_ $404t0t.foxori$14.40, *It Wit.040Plik$,tita4-Uuntiti-Tartlitoadi dx92640 A de : ittidt C:46 nTlim AGRXEMB,NT $.**04,000,r,tie0Mittl. CIVVIgrAuxiMp.101044%,V;00.001,A. g41#10#.0,t 'Thoinnattoe:-.4tiaAll ptotai-ia0a,Atd:*0a thatlltiftvotfofuon4tqit*o;*oilispec1ied itgel 0,0044,6•LbiOttg4itli05;.TORIWWATXXPIJIOSTATIONEFAClunvi$,,(11001, 1)000.5, ..W01704,LML40.$10:Nr.,*-- tkOV,01MT OfilOW:301100.5i: 4141A1 MW$T.4193S5,3: (40eXit),wilL•m#14y itedpers ern afte &fru.. diAtulvor , ork-- 44n0,4*Ot4totOAditfiristroti*,0404400ion flOO,4S.016*k Vila.ra.64re#61tt APert0,0V46;OIN:4164,:qt•dipaeig0 or instucttonjkfamilide*ikiu oIeatfon kr:i?On.104#0*11,0T4r4*ory Itio,:,*Woodif,disoolttifsAtt quittagroOhg:oltstiall shalibe flu ateordando vidtift.ajpItioiaatidni niany ttifity, filmy— dilneckra • and Suncoltailkitniked-Mtartnenta. Tuudersigncd401mrpr..oglAggreg$t4t.'11*ProYiAi644'berekAelle aud grzbillelg Plgt,1134Y1ezetfillg4:91'cm#193101:W the undrsigned and thad*;odk:yatgn-aafi,aittake**ag,a&neddaaao.to aasnitidinnotiandeby,any aaid 04.1..'0.016,1",00,411': .t : dtjb hging4r9:640*.corvi0Fprgt:Ion RadEärwaad top:0.74,0,Qr „.. : •'` • . L. • , . eniorAitbe,Piesideni M* 004 Dad!, „ • :DISQVALLIFICA.TION',QUESTIONg' jit-4-00.-.": dotthineatddtAidiftstt odottpeoi4 ogiiiotitt realo*ilior Has the Sideot,an oth:90:t ftidd'oroit-premp1eerett osiad *170,:hafiA proprietary logrotitgillo'04pripygliggAiisquilfAA4vtoliovg.4 or,-9-0AW$q prowitpd?',ftf**114ing-94.or cfPP1PLe1411::- g Pgiqffg WxY,9kWgilt,project because Qf a Yi91.442;911 4Erwor4.'WcW re:gt4,4#90 dytt‘ digte ir id*kiworis-14:004414*.diktorriAl00.$.704*414.40S6W444 Nat: nit 44e-0i:owl-a:to constitutes a'foref th ftopool,401 sigoamge::0;040. prprp- ohatcogs:titut— Ow143*79 OffaVi-olovg*x41*. iCOMPENgATION INSURANCE.CtitrifICATE 'Ptirpantto5t0bii I...8-.6.1Aiiith&StatatibOtOdqOathtitdi':''-'010040140:btiON*40.0704.-0:0 000.4.4.#44.*44;i4V...:.*0.***0000440,:i I am WOOo the provisionsof Section 37ØO Øf th0:E-Akot Co4 wbià rcque every cmptoy 'or workei's compensation r to dertake. , tobe gA,„$.14e.: .„4* t$,...:1#',4/:.1ge ii goo..g*Ao: with the ptgo*op*oF that cod Aralwill comply with.such volj.400§444t,p,cppm.e4ciqg.'thoVorf9ntittfeeoftli&Avakk orthittoilikati, . fi.110*Pt0.1091101411.0g4t0tat100 . . , . . . rOlit*Yttif y , .gi41 ;131.f 00108.40.00/*(00 TAW, 212012.024 V.4 BIDDERS INFORNIATION 0100000$:-t6tilidloliovOig*ttitio41fott3t:thte,04.40#0ti AliOnv,',Pitifif0010#.4.009A043.91** OWet;-7-1101e. 6a4ndiia*$:te:;$ unt1agroeach CA 92 04* „ TOOli9ne Nwsnbq Ame,444.4es, 00. :0-011.490100004t_447,070400 , , „. 514te',00:1**Orktigehiell0F,Atlit-,04*: Original Date TOO* ts441 ft14414:Ogi .E.#Straficd tctuarikkdara, _ *wary'fb'tft The work site wailivttted 15y,, Airotit . , 0,04$,Upfk* ptgamICOtILIA aii.d;c0cootificliti,fd-tiito41"rityip..41,117<ftrotixi)16.pr000$0;: TTdir,E*4104;-$40.011Fed ROAltrOt *0610 E;tuktrai*E4tOsiOrit, ThOlWee0._tPga ts`,,,Pl!PM740 :atta0-the Ooptcitofto,',Orseriligtti:Vol4:6..4 Olio:04y pt i40.044$4 tor perform the otitra0 tor'111#popos.g4 work 4#0. ijrnenient 11:L ageoL44cfol*oftt*T614. 011**ig...':640totgomoitorOnoralcin ',04i1VaWist-7attia.--• X°, :$fgriaturezr Bidder 3,30446".0.60 t*,;;*IdditgAg.4.0.' ie.401 NOTARY CERTIFICATE , .'' 4041 , Sii.S.StkiljtttahaaiWorlg,iibe.,,f(gc.140,144; •', •of 1, '‘ '--t•;'..".:,-, ,.20I;5, - A totaryvtiblig.,4 ether .4:aw,00000iiiig tht,$'0,StAted:,*,00t$,'.446t the 4of the'1 11%440 00'00:04146,4 00:0*Otit 310 i:**Iii ':tlii$ 0000*.: 10. g:441:0*4-i 'and not 4xtit he Aittrieiiiii jas)'atdurg*ot44ty:;.-orthatatttt, of Stae,3- - '-. •,...,N,N').; '' -'- ,,,,,.-: ) „. 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' : • iilit&lbe4.lici.the 1#44*instrument 4:114;40100,04016,*0!,‘:64.theltiiii*OY 444404.the same i.k.1M04*.itAttiliolit04,iO4PO4tAisegctihatt* s,. • , irsignature ‘, on the : #0i.g #00,40-1i pt:ft:o:#tify:4*,t*ikotwhisoi.*.p._gtto,.I#:*o..d gx:04',...9:,..14§tgOin'... 01= 1';;-§.‘,0*:.wiligt,',1%Mr* OF PERJURY under,the;law*4,t4h:4 i•$**for oaliroffifo*40. the irdig-9.1/1,' tlagAM.11.A tt!.4070,4>Orrt,,74 . 1,14P4g4iy,ltari4 old 4004.soat, 41.4i *iiie.. .,, ,..1,,4q12.1.-4,.:._(00# ..:1r* 42yMy.ConW! ecv6 IOU:it ,,,, -:,72--;• ,. • .. ,, — „ . .. ,,,„„ r Sfiriattire .-,..„ •, it . ,....:.',77-c, .,--•,--.---• ri „ ,..„.,. _. ..,,..„ Kgg.: ortimary:Rom PLACENOTARY'4EAL.AEOVEA, , . 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BIDIAWS,CRITTICAL:STAFF tigkOttottiteti*:iiwto-sottliolilit4at-..otwaddtotist-iad #*ti&oritio***1041004kibilsoiga*.lirsl.at fett*ifotprojects 'or whdi 0:06-7404*00.Pg0im.444,.* *01kwntl aste years These P4o0tseopt 44*wtwoitii**4,4it#14:*oit 0.0-i*t;.:0440isloe • , „ , d sbniit• • .41,,ppiortilyggtajt:-010.*Frojott biAtoolltoritiottortopplots feArOfeftitet 'Wattle:iifffitAVOAdd7itijkdrOf StOtOdit4 Ti4.6041,a0.OfrOVOSOit 04.014:M4tta0Tt Santiago:.„:801:04,0**0:007ifiet**tikat Park 9141104,0110*P*011*** 4004 Type of Date completed :1*ittce,Pacititigertvations MOM TeAtttVf.OVVOfeit - ;WOW Pojet ,I*3194.7c9P:#104419.44 TYPc,ON*, 12.,,otqfPOwlgfg.4 apoketi.omowt!Niegt okkooditto c0000iortotooltootti to:moo; . : . . 01****,:#10;..8ç 0i*Z,tMos t* Tyl*tit8vdtft .041*.,0o#010,0 400.04*„.Nig* Ni 9 9 9§9 9 0:114,90$4:141: TaOlieheNeLbrOlqit7S4erliittliddiit 00t0i:OtiP0:1000;..0t 04.004101i1 44100 P*106.4040141009001 00102 Ok:***:ti*,*ContractAxngunt Type otv4.1‹ '0.4*00.000.04 ',"•as,-'4101410$444002$ aseaJi 0.0§000,a Scoreboard lefootoi4to..*: gtc.igc.figmig,*Por,.(*Oks.APP.14 Inwcif VOA; Ttneatiptoomoht% , • • , • ..0M$4,01 Tpe ofWork Date Completed c-13 CONTRA090T, 9.17ST,. JE:141%A MEW '1100.4010004 gL'400t Co4o,go.: 41.1.71,gRoto*.ifIly. t0' Zgotoo. vgXv*I*At4:iofci1tftOkogwVWkworkgic0*.0:fOa:o*Ooge:to~N*M**gs trato bidduggOlotfotolittgotio 00:0040W000 rtopooto tfoOdtorok,ioo,w-ti4ftcao4$(44 Tidy 1 *to*:1044. ZoomfoittOm4.04413kolairtoi(IMR) CiretLy the atuwal 7.0111.409o. s SOX Uffoodrktor whoorgoailkivitorks:ogirgt has been gwttp.,4 .0kay,Ttligfctil0,;*gg DIRFACT SliEtT oti,S11.854 ti**00700400***,t60:0*-0.610#44):444474 iittotAlwwlitavvititib&witivitiimitiattdr;fettaiiditlititt WA.,„00:ic4.40:ego04#4:40.14.0.40.01.*44-0440 IctftIsfitdddititig&-ree4siteg..dbititetkiittotoi&ata,, I iiiiiiMiethittwilteottitstrAtlithe proi4f0:4-:40449vcoo$000.071410 which states: "A teinfladoebUsith6Atteaelltiellia hiSt't6AhMifiate bicte4t6 Riled 4*.fett to qements f Sedtion4104.bit&Mtit,ttititifatt dedo.of enagei the perforrnaice of anyooftazoMrp.dblo'wig*a d ±iüe4 n this.a4/1414 Woo oti,:vtItty !we:#*4 1R4!kwit#04i4T96*ww41***pppgglt,t.g SectIoi ,1725 It i :40 4i0.14011 t;otatiOi0e*Otif0#00:10*,Odi..OWIEW0tWWWS,OULtUtU,'0,1407.4417y $00001* L1001*;*Si**0.44 kt,4$00.00404it******:$064**AU cof *.o1%:100 ContractCc4e,provided the golitfogitot*:toioe:tg4,to Pero pi*irk isoon:::tto ggto titio*.00k:#0 I furthermore TO.t. 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