HomeMy WebLinkAboutAGMT - Hardy & Harper Inc (FY19-20 Annual Local Paving Program Project CIP No ST2002)RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
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***No Recording Fee Pursuant to Government Code Section 6103, 27383 ***" IF
MAY 0 4 2021 Nf
CITYt�URK NOTICE OF COMPLETION
CITY OF' SIAL OCACA
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 — 8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on
October 07, 2020. The work was FY2019-2020 Annual Local Paving Project CIP No.
ST2002.
6. The name of the contractor(s), if any, for such improvement was: Hardy & Harper, Inc. The
date of the Contract Award was April 13, 2020.
7. The property on which said work of improvement was completed in the City of Seal Beach,
County of Orange, State of California, and is described as follows: Various citywide locations.
Date: z -
Dir ctor df Public Works, P. E, City of Seal Beach
Signature of owner or corporate officer of owner
named in paragraph 2 or agent.
VERIFICATION
I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of
completion; have read said notice of completion and know the contents thereof; the same is true
of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on Y//`t /z f 2020, at Seal Beach, California.
(Date of Signature)
Director of Public orks, City of Seal Beach
PUBLIC WORKS AGREEMENT
FY 19-20 ANNUAL LOCAL PAVING PROGRAM
PROJECT CI P NO. ST2002
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
(714) 444-1851
(714) 444-2801 - FAX
THIS CONTRACT ("Contract") is made as of April 13, 2020, by and between the City of
Seal Beach, a California charter city ("City"), and Hardy & Harper, Inc., a California
corporation, ("Contractor").
RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for the
FY 19-20 Annual Local Paving Program ("Project") with respect to design criteria;
and
B. WHEREAS, Contractor has submitted a Bid to City for the Project dated March
02. 2020 in the amount of $311,000 ("Bid" hereinafter). The Bid is attached
hereto and contains, among other things, provisions defining the Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
CONTRACT
Contractor's Services.
1.1 Scope and Level of Services. For and in consideration of the
mutual promises set forth herein, and subject to the terms and conditions set forth in
this Contract, Contractor shall perform and complete in good and workmanlike manner
all work ("Work") required by this Contract and the documents listed in Subsection 1.2
for the Project.
1.2 Contract Documents. The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Notice Inviting Sealed Bids,
Instructions to Bidders, Accepted Bid Proposal Form, Non -Collusion Declaration, Bid
Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's
Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General
and Special Provisions and documents referenced therein, all addenda as prepared
prior to the date of Bid opening setting forth any modifications or interpretations of any
of said documents, this Contract, Exhibits attached to this Contract, including but not
limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers'
Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D),
Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws
(Exhibit E), Labor Law Requirements (Exhibit F), Indemnification and Hold Harmless
Contract (Exhibit G), Accepted Bid Proposal Form and any and all supplemental
agreements executed amending or extending the Work contemplated and that may be
required to complete the Work in a substantial and acceptable manner. These Contract
Documents are hereby incorporated into this Contract.
1.3 The Work shall be performed in accordance with the Plans,
Specifications and other Contract Documents. Contractor shall furnish at its own
expense all labor, materials, equipment and services necessary therefor, except such
labor, materials, equipment and services as are specified in the Contract Documents to
be furnished by City.
1.4 In the event of any material discrepancy between the express
provisions of this Contract and the provisions of the other Contract Documents, the
provisions of this Contract shall prevail.
2. Effective Date. This Contract is effective as of April 13, 2020 (the
"Effective Date"), and shall remain in full force and effect until Contractor has rendered
the services required by this Contract.
3. Payment. For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the
amount of Three Hundred Eleven Thousand and OO/XX ($311,000.00), subject to any
additions and deletions pursuant to the terms of the Contract Documents. Said sum
shall constitute payment in full for all Work performed hereunder, including, without
limitation, all labor, materials, equipment, tools and services used or incorporated in the
Work, supervision, administration, overhead, expenses and any and all other things
required, furnished or incurred for completion of the Work as specified in the Contract
Documents. City shall make payments to Contractor on account of the Contract sum at
the time, in the manner, and upon the conditions specified in the Contract Documents.
The City Manager may authorize extra work to fund unforeseen conditions up to the
amount approved at the time of award by the City Council. Payment for additional work
in excess of this amount requires prior City Council authorization.
4. Contractor's Personnel.
4.1 All Work shall be performed by Contractor or under Contractor's
direct supervision, and all personnel shall possess the qualifications, permits, and
licenses required by state and local law and by the Notice Inviting Bids/Instructions to
Bidders to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all employees'
wages and benefits, and shall comply with all requirements pertaining to employer's
liability, workers' compensation, unemployment insurance, and Social Security.
Contractor shall fully comply with the workers' compensation law regarding Contractor
and Contractor's employees.
4.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of City officials, from any and all liabilities, damages,
claims, costs and expenses of any nature to the extent arising from Contractor's alleged
violations of personnel practices.
4.4 Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its
agents shall have control over the conduct of Contractor or any of Contractor's
employees, except as set forth in this Contract. Contractor shall not, at any time, or in
any manner, represent that it or any of its officers, agents, or employees are in any
manner employees of City. Contractor shall pay all required taxes on amounts paid to
Contractor under this Contract, and indemnify and hold City harmless from any and all
taxes, assessments, penalties, and interest asserted against City by reason of the Work
performed pursuant to this Contract.
4.5 City shall have the right to offset against the amount of any fees
due to Contractor under this Contract any amount due to City from Contractor as a
result of Contractor's failure to promptly pay to City any reimbursement or
indemnification arising under this Section 4.
5. Indemnification.
5.1 Contractor's Puty. Contractor shall defend, indemnify, and hold the
City, its elected officials, officers, employees, volunteers, agents, and those City agents
serving as independent contractors in the role of City officials (collectively
"Indemnitees") free and harmless from and against any and all claims (including, without
limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a "Claim," collectively, "Claims"), in any manner arising out of or incident to the
performance of the Contract, including without limitation, the payment of all
consequential damages and attorneys' fees and other related costs and expenses.
Further, Contractor shall appoint competent defense counsel, at Contractor's own cost,
expense and risk, to defend any and all such suits, actions or other legal proceedings of
every kind arising out of or incident to the performance of the Contract that may be
brought or instituted against Indemnitees. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or the other Indemnitees
in any such suit, action, or other legal proceeding arising out of or incident to the
performance of the Contract. Contractor shall reimburse the City and the other
Indemnitees, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Contractor or Indemnitees. This indemnity shall apply to all Claims and liability
regardless of whether any insurance policies are applicable.
5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1,
Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in
connection with, arising out of or incident to any Bid protest.
5.3 Civil Code Exception. Nothing in this Section 5-3 shall be
construed to encompass Indemnitees' sole negligence or willful misconduct to the
limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or
the City's active negligence to the limited extent that the underlying Contract Documents
are subject to Civil Code Section 2782(b), provided such sole negligence, willful
misconduct or active negligence is determined by agreement between the parties or by
the findings of a court of competent jurisdiction.
5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any
rights that they may possess against Contractor because of the acceptance by City, or
the deposit with City, of any insurance policy or certificate required pursuant to this
Contract.
5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and
all parties claiming under or through it, hereby waives all rights of subrogation against
the Indemnitees, while acting within the scope of their duties, from all claims, losses,
and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor.
5.6 Survival. The provisions of this Section 5 shall survive the
termination of the Contract and are in addition to any other rights or remedies that
Indemnitees may have under the law. Payment is not required as a condition precedent
to an Indemnitee's right to recover under this indemnity provision, and an entry of
judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to
recover under this indemnity provision.
6. Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain in full
force and effect for the duration of this Contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Contractor, and its agents, representatives,
employees and subcontractors. The policy limits set forth below do not act as a
limitation upon the amount of indemnification to be provided by Contractor. Contractor
shall complete and execute the following documents attached as Exhibits hereto and
incorporated herein by this reference:
6.1.1 Exhibit D-1: Additional Insured Endorsement -
Commercial General Liability.
6.1.2 Exhibit D-2: Additional Insured Endorsement -
Automobile Liability
6.2 Minimum Scooe of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10 11 85
(Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B).
6.2.4 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
6.2.5 Professional Liability insurance. Unless the City waives in
the requirement for professional liability insurance, Contractor shall provide to City the
standard form issued by the carrier.
6.3 Minimum Limits of Insurance. Contractor shall maintain limits no
less than:
6.3.1 General Liability: $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit shall apply separately to
this Contract or the general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily
injury and property damage.
6.3.3 Employer's Liability: $1,000,000 per occurrence and in
the aggregate for bodily injury or disease; and Workers' Compensation Insurance in the
amount required by law.
6.4 Deductibles and Self -Insured Retentions. Contractor shall inform
City of any deductibles or self-insured retentions except with respect to any professional
liability insurance.
6.5 Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
6.5.1 City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City officials,
are to be covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor; products and completed operations of
Contractor; premises owned, occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall contain no limitations on
the scope of protection afforded to City, its officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role of City officials
which are not also limitations applicable to the named insured.
6.5.2 For any claims related to this Contract, Contractor's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in the
role of City officials. Any insurance or self-insurance maintained by City, their officers,
officials, employees, designated volunteers or agents serving as independent
contractors in the role of City officials shall be excess of Contractor's insurance and
shall not contribute with it.
6.5.3 Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
6.5.4 Each insurance policy required by this Section 6 shall be
endorsed to state that coverage shall not be canceled or materially modified except
after 30 days prior written notice by first class mail has been given to City.
6.5.5 Each insurance policy, except for any professional
liability policy, required by this Section 6 shall expressly waive the insurer's right of
subrogation against City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors in the
role of City or agency officials.
6.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's
Risk Manager.
6.7 Verification of Coverage. All insurance coverages shall be
confirmed by execution of endorsements on forms approved by the City. The
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All endorsements are to be received and approved by City before
services commence. As an alternative to City forms, Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
7. Liquidated Damages. Should the Contractor fail to complete the Project,
or any part thereof, in the time agreed upon in the Contract, the Contractor shall
reimburse the City for the additional expense and damage for each calendar day that
the Contract remains uncompleted after the Contract completion date. It is agreed that
the amount of such additional expense and damage incurred by reason of failure to
complete the Contract is the per diem rate of $3.000.00 per calendar day for the Main
Street Improvements and $500.00 per calendar day for the remainder of the project.
Such amount is hereby agreed upon as liquidated damages for the loss to the City
resulting from the failure of the Contractor to complete the Project within the allotted
time and to the value of the operation of the works dependent thereon. It is expressly
understood and agreed that this amount is a reasonable amount and is established in
lieu of damages that are incapable of calculation at the inception hereof; and this
amount is not to be considered in the nature of a penalty. The City shall have the right
to deduct such damages from any amount due, or that may become due to the
Contractor, or the amount of such damages shall be due and collectible from the
Contractor or the Contractor's Surety. Progress payments made after the scheduled
completion date shall not constitute a waiver of liquidated damages.
8. Suspension. City may, in writing, order Contractor to suspend all or any
part of the Contractor's Services for the convenience of City or for work stoppages
beyond the control of City or Contractor. A suspension of the Services does not void
this Contract.
9. Notices. Any notices, bills, invoices, or reports authorized or required by
this Contract shall be in writing and shall be deemed received on (a) the day of delivery
if delivered by hand or overnight courier service during Contractor's and City's regular
business hours or by facsimile before or during Contractor's regular business hours; or
(b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Contract, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this Section. All notices shall be addressed as follows:
If to City: City Clerk
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:
Public Works Director
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
If to Contractor: Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
Telephone: (714) 444-1851
Fax: (714) 444-2801
Attn: Courtney Chapas
10. Non -Assignability: Subcontracting. Contractor shall not assign, transfer,
or subcontract any interest in this Contract or the performance of any of Contractor's
obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract
any rights, duties, or obligations arising hereunder shall be null, void and of no effect.
11. Compliance with Laws. Contractor shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations in force at the time Contractor
performs the Services.
12. Non -Waiver of Terms. Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Contract shall not be a
waiver of any other condition of performance under this Contract. In no event shall the
making by City of any payment to Contractor constitute or be construed as a waiver by
City of any breach of covenant, or any default which may then exist on the part of
Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
13. Attorneys' Fees. In the event that either party to this Contract shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Contract, each party shall be responsible for their own attorneys' fees.
14. Construction. The validity, interpretation, and performance of this
Contract shall be controlled by and construed under the laws of the State of California,
with venue in Orange County, California. In the event of any asserted ambiguity in, or
dispute regarding the interpretation of any matter herein, the interpretation of this
Contract shall not be resolved by any rules of interpretation providing for interpretation
against the party who causes the uncertainty to exist or against the party who drafted
the Contract or who drafted that portion of the Contract.
15. Workers' Compensation. Labor Code Sections 1860 and 3700 provide
that every contractor will be required to secure the payment of compensation to its
employees. In accordance with the provisions of Labor Code Section 1861, by signing
this Contract, the Contractor certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
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."
16. Prevailing Wages. The City and the Contractor acknowledge that the
Project is a public work to which prevailing wages apply.
17. Entire Contract. This Contract, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Contractor and City. This Contract supersedes all prior oral or
written negotiations, representations, or agreements. This Contract may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Contract.
18. Severability. The invalidity in whole or in part of any provisions of this
Contract shall not void or affect the validity of the other provisions of this Contract.
19. Titles and Headings. The titles and headings used in this Contract are for
convenience only and shall in no way define, limit or describe the scope or intent of this
Contract or any part of it.
20. Authority. Any person executing this Contract on behalf of Contractor
warrants and represents that he or she has the authority to execute this Contract on
behalf of Contractor and has the authority to bind Contractor to the performance of its
obligations hereunder.
21. Counterparts. This Contract may be executed in counterpart originals,
duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Contract as of the date first written above.
CITY OF SEAL BEACH
By: '
y!'y- Ingram, City
Attest:
By: G
Glora D. Harper, City CI
Approved as to For
By:
ig Sleele, City Attorney
Title: Secretary
(Please note, two signatures required for
corporations pursuant to Caliromis Corporations
Code Section 313.
EXHIBIT A
FAITHFUL PERFORMANCE BOND
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT AMOUNT
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
This bond was issued In two (2)
original counterparts
Bond No, 7663038
Premium: $1,853.00
WHEREAS the City of Seal Beach ("City"), has awarded to Hardy & Harper, Inc.
32 Rancho Circle, Lake Forest, CA 92630
("Principal")
(Name and aditw of Contactor)
a contract (the "Contract") for the Work described as follows:
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the
faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and Fidelity and Deposit Company of Maryland
rA
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the City in the penal sum of Three Hundred Eleven Thousand and 00/100
Dollars ($311,000.00 ), this amount being not less than the total Contract Price, in
lawful money of the United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, successors executors and administrators, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his,
her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and provisions in the
Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept
and performed at the time and in the manner therein specified, and In all respects according to
their true Intent and meaning, and shall indemnify and save harmless the City, its officers,
agents and employees, as therein stipulated, then this obligation shah become null and void;
otherwise, it shall be and remain In full force and effect.
As a part of the obligation secured hereby and In addition to the face amount specified therefor, there
shall be included costa and reasonable expenses and fees, including reasonable attomeys' fees, incurred
by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered. Surety hereby waives any statute of limitations as It applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract or of the Work to be performed thereunder or the
specifications accompanying the same shall in anywise affect its obligations under this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the Contract or to the Work or to the specifications. Surety hereby waives the
provisions of California Civil Code Sections 2845 and 2849. The City Is the principal beneficiary
of this Bond and has all rights of a parry hereto.
IN WITNESS WHEREOF, two (2) Identical counterparts of this instrument, each of which shall
for all purposes be deemed an original hereof, have been duly executed by Principal and
Surety, on the date set forth below, the name of each corporate party being hereto affixed and
these presents duly signed by Its undersigned representative(s) pursuant to authority of Its
governing body.
Dated: March 16, 2020
'Principar
Hardy & Ha er, Inc.
32 Rancho lilit, lake Forest, CA 92630
By:
By:
ight — V. P.
Kristti'en Paulino
Secretary
(Seal)
"Suretyr'
Fidelity and Deposit Company of Maryland
777 South Figueroa Street, Suite 3900, Los Angeles, CA 90017
By:
Its Dwight Reilly, Attorney -In -Fact
By:
Its
(Sea/)
Note. Ms Bond must be executed in duplkate and dated, aN Monsturea must be notarized, and evidence or
the aL~ly of any person aWng as stiomsy-lndact must be attached. DATE OF BOND MUST NOT
HE BEFORE DATE OF CONTRACT. Surely compardes executing Bonds must appear on the
Treasury Department's most current Hsi (Circular 370 as amended) and be authorised to transact
business In the State where the project Is located.
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 3116/2020 before me, Melissa Ann Vaccaro, Notary Public
(insert name and title of the officer)
personally appeared Dwight Reilly ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(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 m hand and official seal. ......•• M NNVA� c
COO
yCOMM. #2241394 M
'' ••; Notary Public California19
ORANGE COUNTY
My Comm. Expires May 12, 2022
Signature (Seal)
Melissa Ann Vaccaro
Bond No. 7663039
ZURICH AMERICAN INSURANCE, COMPANY
COLONIAL ANIFRICAN CASUALTY AND SURE] VCOMPANV
FIDI?LITY AND DE;POSI'C COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MHN RY TIIFSF; PRFSENI'S; That the ZURICH AMITICAN INSURANCE COMPANY, a corporation of the Slate of
Now York, the COLONIAL AMERICAN CASUALTY AND SURE ,1'Y COMPANY, a corporation of the Slate ofiilinois, and the FIDf:I F1'Y
AND DFPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert
D. Murray, Vice President, in pursuance ofauthority granted by Article V, Section 8, ol'the Ry -Laws of said Companies, which are set loath
on the reverse side hereof and are hetehy certified to be in fust Force and effect on the date hereof, do hereby nominate, constitute, and appoint
Daniel IFUCKAIIAY, Dwight HFILLV, Arturo AVALA, Shannon RO7.F3,14; OSTROM, Frank MORONFS, Ben STONG,
Michael D. STONG and 12. NAPP1, all of orange, California, FACH its true and lawlul agent and Attorney -in -Pact, to make, execute, seal
and deliver, for, and on its behalf a, surely, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or
undertakings in pursuance ofthese presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, is if'
they had been duly executed and acknowledged by the regularly elected officers of the 7URICH AMERICAN INSURANCE. COMPANY
of its office in New York, New York., the regularly elected officers of the COLONIAL, AMERICAN CASUALTY AND SURETY
COMPANY at its office in Owings Mills, Maryland , anti the regularly elected ofticcrs of the FIDELITY AND DFJlOSIT COMPANY OF
MARYLAND at its office in Owings Mills, Marylund., in their own propel persons.
The said Vice President does hereby certify that the extract set Balli on the reverse side hereof is a Ime copy of Article V, Section R, of
the Hy -Laws orsaid Companies, and is now in force.
IN WITNESS W11FRFAF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY Oh MARYLAND, this 151h day of'January, A.D. 200.
• u•e.,, fir►
AT"1' EST:
ZURICH AMERICAN INSURANCE; COMPANY
COLONIAI AME:ItICAN CAS(1ALI'V ANI) Sl1RF'I'V ('OMP,INY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By Hnht�rf D Murr•al
Vice Presiciew
By_ Down E. Brown
Reeretrtry,
State of ivilaryland
County of Baltimore
On flus 15th day of Jam"ary, A 1) 202;1, betmu the subaci,hcr, a Nrta;v public .)i ow ;Sfele ,I Maryland. du'.v conwlrsolied and qualitie,l, Robert
B - Mol Vice President avid Dawn F. Itrown, Secretary of the Comow,cs, to me pcisonallg know:i ut be the mdialdunk and olfice;s desoibed m and
who enemifed the preceding instrument and acknowledged rhe execufhm of same, and being by me d_ily sworn, deposelh and with, dirt he'she ,s the said
officer of the ('ompany a(mes id, and that the. scaly affixed o the prececrne instrument are IL.c Cnrpnnue Seals (It' said Companies, and that the ,,aid
Corporate Seals and the vgnature as .such officer were duly affixed and subxaihed to lire said instrument Gy the authority and direction of fie said
Curpmations.
IN'ILS I ,MONV WITItiliO , I huvc hereunto ser ray hated and affixed my Uffiural Seal rhe stay and vcar first Jwvc written
nr•`'Constance ;l. 1)u III. Notai public
'4„� My Commission Expires July ),2U3
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8,Ilunttys-lit-l'@cJ The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written insltvment under the attested corporate seal, appoint attorneys -in -fact with authority to execute bunds, policies,
recognizances, stipulations, undertakings. or other like instruments on behalf of the Company, and may authorize any officer or any such
attontcy-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
f, the undersigned, Secretary ot'the ZURICH AMERICAN INSURANCE. COMPANY, the COLON[Al. AMERICAN CASUALTY
AND SURETY COMPANY, and the FIDELITY AND DFPOSI'f COMPANY OF MARYLAND, do hereby certify that the foregoing
Power of Attorney is stilt in toll force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -
Laws of the Companies is still in force
I his Power or Attorney and Certificate may he signed by fitcsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN 1NSURANCF COMPANY at a meeting duly called and held on the 15th day of'December 1999,
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary m an Assistant Secretary
and the Seal of ltte Company may be affixed by facsimile on any Power of Altorney...Any such Power or any certificate thereof bearing such
facsimile signawre and seal shall be valid and binding on theCompany."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duty called and held on the 51h day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeling duly called and held on the I Oth day of May, 1990.
RESOL.VF.D: "That the facsimile or mechanically reproduced seal ofthe company and ftesimile or mechanically reproduced signature of
any Vice -President, Secrelacy, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and hinding upon the Company with the same force and effect
as though manually arfixed.
IN "ITS"FIMONY WI ICREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 16th day of March , 2020
,ill retry �Sr",y'OM ��IS
Brian M. Hodges
V ice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOURCONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
�%n�y_rpir(sli Mims%ri zurilt con
800-626-4577
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
�� oar_= �*r��•w,�..�.fi^�c.,c:exxc ex:c:cM:nrc„�Ysct'.sca:s�.ccxcrce<',c:ca:ca:`cura��,rxrrc
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 March 16, 2020 before me, Ashlie Blanchard Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Tanner Hambriaht and Kristen Paulino
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) k/are
subscribed to the within instrument and acknowledged to me that he/swthey executed the same in
his/her/their authorized capacity(les), and that by hie/hear/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
wa K?tiKsLai�tiira: rt_.lsGarw:\L .K w:.(. w4ti I
"�. ASHLIE BLANCHARD
COMM. #2279550 M
}}4 Notary Public -California e�
ORANGE COUNTY u
my Comm. Expires March 3, 2023li
aot�rvrru�x-, v— . .
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand, and official seal.
Signature -�r�/
"' w�
—� Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages: Signer(s) Other Than
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney In Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Document Date:
Named Above:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited n General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
:R'7lls"'Q'G.v'LiCt'S.Z'Gi4'4x)t:4^S.i(JS:pt:4tiG�-:CJW'V4"S.eC74:G"S'.�.^t:4`e(9L'4�.!><:�5:4'4"4i6`taCRi9a6'L'@I.RiU('S..<>'ivlilX�+G`4`6`f,X."GT.`i
02014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-B00-876-6627) Item #5907
EXHIBIT B
PAYMENT BOND
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT AMOUNT
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
This bond was issued in two (2)
original counterparts
Bond No.7663038
WHEREAS the City of Seal Beach ("City"), State of California, has awarded to Hardy & Harper, Inc.
32 Rancho Circle, Lake Forest, CA 92630
("Principal")
(Name and address of Contractor)
a contract (the "Contract") for the Work described as follows:
lit[Y3�lilU�lilal7.'�J�7�1_aYa]"ll>�� \ � \ � 1L
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the
performance of the Work, to file a good and sufficient payment Bond with the City to secure the
claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of
Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and Fidelity and Deposit Company of Maryland
777 South Figueroa Street, Suite 3900, Los Angeles, CA 90017
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the City and all contractors, subcontractors, laborers, material
suppliers, and other persons employed In the performance of the Contract and referred to in
Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civ0 Code in the penal sdm
of Three Hundred Eleven Thousand and 00/100
Dollars ($311,000,00 1, for materials fumished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety
will pay the same in an amount not exceeding the amount hereinabove set forth, and also in
case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in
successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as
costs and to be included in the judgment therein rendered.
It Is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and
all persons, companies, and corporations entitled to file claims under Title 3 (commencing with
Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil
wage and penalty assessment against the principal, any of Its subcontractors, or both the
principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of
the time within which a joint labor management committee may commence an action against the
principal, any of its subcontractors, or both the principal and its subcontractors pursuant to
Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation
shall become nuA and void; otherwise, It shall be and remain In full force and effect.
The Surety hereby stipulates and sprees that no change. extension of time, alteration, or
eddKbn to a terms of the Contract or the Specmoallorw accompanying the some shall to any
manner a Its obligations on this Bond, and h does hereby waive notice of any such change,
extension, Iteretion, or additbn.
IN WITNE WHEREOF, two (2) identical counterparts of this instrument, each of which shall
for all purpses be deemed an original hereof, have been duly executed by Principal and
Surety, on I is date set forth below, the name of each corporate party being hereto affixed and
these prom nts duly signed by its undersigned representatives) pursuant to authority of its
governing b
Dated:
'PrincbaP
Secretary
(Seal)
"Suraty.
Fidelity and Deposit Company of Maryland
777 South Houma Street. Suke 3900. Los Arweies, CA 90017
By:
P . Its Dwight Reilly, Attorney -in -Fact
By:
Its
(Seat)
Note: Th Bond must be executed Ind ate end salad, aN al8oatums must be notadred, and evidence
of a suffrorNy of any perawr st�*B oftbmey4n4ect must be attached. DATE OF ®OND MUST
T BE BEFORE DATA OF CONTRACT. Surety companies execuling Bonds must appear on the
T Bury Department's most current flet (Chular 676 as amended) and be authorized to transact
b ss In the State where the project is located.
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 3116/2020 before me, Melissa Ann Vaccaro, Notary Public
(insert name and title of the officer)
personally appeared Dwight Reilly
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(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.
MELISSAA NNN "A CARO Y
WITNESS my hand and official seal. ;=; ' COMM. #2241394 q
Notary P211,Collfomla E
+ ORANGE COUNTY a
My Comm. Ezpiros May 12, 2022
Signature Olc"3^0 (Seal)
Melissa Ann Vaccaro
Bond No. 7663038
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SIIRETYCOMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENIFS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of
New York, the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY, a corporation ofthe Stnte of Tllinnis, and the FTDFI XFY
AND DFPOSI"f COMPANY OP MARYLAND a corporation of the Stute of Illinois (herein collectively called the "Companies"), by Robert
D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the Hy -Laws of said Companies, which are set forth
on the reverse side hereof and are hereby certified to he in till] force and effect on the state hereof, do hereby nominate, constitute, and appoint
Daniel HUCKABAY, Dwight REILLY, Arturo AYNLA, Shaunnu RO'ZELLF, OSTROM, Frank MORONES, Ben STONG,
Michael D. STONG and R. NAPPI, all of Orange, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal
anti deliver, for, and on its behalfas surety, and as its act tmd deed any arid,,ill bonds and undertakings, and the execution of such bonds or
undertakings in pursuance of these presents, shall be as binding upon ,aid Companies, as fully and amply, to all intents and purposes, as if
they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY
at its office in New York, New York., the regularly elected officers of the COLONTAL AMERICAN CASUALTY AND .SURETY
COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DFPOSIT COMPANY OF
VIARYLAND at it; office in Owings Mills, :Maryland.. in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a tore copy of Article V, Section 8. of
the By -Laws ol'said Companies, and is now in force.
IN WTNESS WHEREOF, the said Vice -President has hereunto subscribed his her names anti affixed the Corporate Seals ofthe said
ZURICH AMERICAN INSURANCE COYIPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FTDELITV AND DEPOSIT COMPANY OF MARYLAND, this 151h day oflanuary, A.D. 2020.
i L k
rta
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
BY: Robert D. Mitireay
Vice President
A
By. Dawn E. Brown
Seeretarg,
State of Maryland
County of$aitimore
On this ISth day of January, A.D 2020, before the subscriber,:i Notury Public of the State o£,Llaryland, duly commissioned rnd quaktied, Robert
D. Murray, Vice President and Dawn E. Brown, Secretary oC die Companies, to me personally known to be the individuals and officers described in and
who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swum, deposeth and saith, that he.!she is the said
officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said
Corporate Scals and the signature as such officer were duly affixed and subscribed to the said insuurnent by the authority and direction of the said
Corporations.
UN rLSTIMONY WHEREOF, I have hereunto set my hand and affixed in Official Seal the day end year itis[ above written
ConstanceA Dunn Notary Public
`•.,;_(r
My Commission Expires: July 9,2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, The Chief Executive Officer, the Presidct� or any Executive Vice President or Vice President
may, by written instrument midet the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizanecs, itipu atien,, undertakings, or other like instniments on behalfof the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate .seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUAL Y
AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing
Power of Attorney is still in Hill force and eflect on the date of this certificate; and I do further certify that Article V. Section 8, of the By -
Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimiic under and by authority of the following resolution of the Board of
Directors ofthc ZURICH AMERICAN fNSURANCE COMPANY at a meeting duly called and held on the I Sth day of December 1998.
RESOI.VF.D• "That the signature of the President ora Vice Prc'ident and the arresting it of a Secretary or an Assistant Secretary
and the Seal of rbc Company may be affixed by facsimile on any Power of Aaorney...Any such Power or any certificate thereof hearing such
facsimile signanire aul. seal shall he valid and binding on the Company "
This Power of Attorney and Certificate may be �igncd by Facsimile under and by authority of the billowing resolution of the Board of
Directors of the COLONIAL AMPRICAN CASUALTY AND SURFTY COMPANY al it meeting duly called and held on the 5th day of
May, 1994. and the following resolution of the Board of Directors of the FIDELITY AND DF.POSH COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVI?D:"'that the facsimile or mechanically reproduced seal of the company and tacsimile or mechanically reproduced signature of
any Vice -President, Secretary, or Assistant Secret_uy of the Company, whether made heretot6re or hereafter, wherever appearing upon a
certified copy ofany power of attorney issued by the Company, shail he valid and binding upon the Company with the same force and effect
as though manu,0y affixed.
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and uftixed the coiporwe seals of the said Companies,
this 16th _ day of March 2020
s � s
By: Brian M. Hodges
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
www.reg irtsfclaitns(iitairiehna.cont
800-626-4577
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 March 16. 2020 before me, _ Ashlie Blanchard. Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared Tanner Hamb4ght and Kristen Paulin
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 tts/sKe/they executed the same in
his/her/their authorized capacity(iss), and that by his/tnsr/their signature(s) on the Instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
ASHUE SLANC14ARD N
�r COMM. 02279550 W
• ' Notary Public -California
ORANGE COUNTY a
+•' My Comm. Expires Mercia 3.2025
Place Notary Seal Above
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
tt4ndUMb'
official seal.
Signature,L4
Signature of Notary Public
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:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
0 Trustee O Guardian or Conservator
❑ Other.
Signer Is Representing:
02014 National Notary Association • www,NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
EXHIBIT C
WORKER'S COMPENSATION INSURANCE CERTIFICATE
WORKERS' COMPENSATION
CERTIFICATE OF INSURANCE
WHEREAS, the City of Seal Beach ("City") has required certain insurance to be provided by:
Hardy & Harper, Inc.
NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued
the policy or policies described below to the following named insureds and that the same are in
force at this time:
i, This certificate is Issued to:
City of Seal Beach
City Hall
21180' Street
Seal Beach, California 90740
The insureds under such policy or policies are:
Hardy & Harper, Inc.
2. Workers' Compensation Policy or Policies In a form approved by the Insurance
Commissioner of California covering all operations of the named Insureds as follows:
Policy Number Effective Date Expiration Date
54310019 10/1/2019 10/1/2020
By:
Bohan► Naik
Its Authorized Representative
EXHIBIT D-1
ADDITIONAL INSURED ENDORSEMENT
COMMERCIAL GENERAL LIABILITY
[INSERTIINSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABIL1TY7
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Hardy & Harper, Inc.; 32 Rancho Circle, Lake Forest, CA 92630
Name and address of named Insured ("Named Insured'):
Executive Risk Indemnity Inc. ; 436 Walnut St., Philadelphia, PA 19109
Name and address of insurance company ('Company):
General description of agreement(s), permit(s), Iicense(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement Is attached (the
'Policy') or in any endorsement now or hereafter attached thereto, it is agreed as follows:
I. The City of Seal Beach ('CIV), its elected officials, officers, attorneys, agents, employees, and
volunteers are additional insureds (the above named additional insureds are hereafter referred to as
the "Additional Insureds") under the Policy in relation to those activities described generally above
with regard to operations performed by or on behalf of the Nemed Insured. The Additional Insureds
have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
Insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3. Each Insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy. All such claims shall be covered
as third -party claims, i.e., In the some manner as if separate policies had been issued to each
insured. Nothing contained in this provision shall operate to increase or replicate the Company's
limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms,
conditions and exclusions applicable to such insurance) includes fiabifity assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
conjunction with the written agreement(s) or parmit(s) designated above, between the Named Insured
and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation, change in
coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except
after written notice to City, by certified mail, return receipt requested, not less than thirty (34) Days
before the effective date thereof. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requlrement.
7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
while acting within the scope of their duties, from all claims, losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior,
concurrent, or subsequent active or passive negligence by the Additional Insureds.
8. It is herby agreed that the taws of the State of California shall apply to and govern the
validity, construction, Interpretation, and enforcement of this contract of Insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Seal Beach
City Hall
211 a Street
Seal Beach, CA 90740
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, niter or extend any of the Omits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF
ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
ok Contractual Liability
Ila Ownersrda/Tenants
it Manufacturers/Contractors
as Products/Completed Operations
m Broad Form Property Damage
o; Extended Bodily Ir4ury
q Broad Form Comprehensive
to General Liability Endorsement
IX Explosion Hazard
p Collapse Hazard
a Underground Property Damage
o Pollution Liability
a Liquor Liability
E
0
12. A o deductible or o self -Insured retention (check one) of $ 25,000 applies to all
coverage(*) except: n s11C if none, so state). The deductible Is applicable
o per claim or o par occurrence (check one).
13. This is an *=urrence or o claims made policy (check one).
145111 gploraement Is effective on 3/16/2020 at 12:01 a.m. and forms a part of Policy Number
I, Soham Naik (ptint name), hereby declare under penalty of perjury under the laws of the State
of California, that I have the authority to bind the Companyto endorsement and that by my execution
hereof, I do so bind the Company.
Executed March 16 .20 20
Signature of Authorized Representative
(Original signature only; no fwslmlle signature
Telephone No.: (2J4 527-9818 or inftWed signature accepted)
EXHIBIT D-2
' ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY?
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Hardy & Harper, Inc.; 32 Rancho Circle, Lake Forest, CA 92630
Name and address of named insured rNamed Insured'):
Federal Insurance Company; 202B Hales Mill Rd, Whitehouse Station, NJ 08889
Name and address of insurance company ("Company"):
General description of agreement(s), permit(s), Itoense(s), and/or activity(ies) insured,
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy') or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach ('City"), its elected officials, officers, attorneys, agents,
employees, and volunteers are additional insureds (the above named additional insureds are hereafter
referred to as the "Additional Insureds') under the Policy in relation to those activities described generally
above with regard to operations performed by or on behatf of the Named Insured. The Additional
Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought except with respect to the limits of the Company's
liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy. All such claims shall be
covered as third -party claims, i.e., in the some manner as if separate policies had been issued to each
Insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of
liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability Insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction
with the written agreement(s) or permits) designated above, between the Named Insured and the
Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change In coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days
before the effective date thereto. In the event of Company's failure to comply with this notice provision,
the policy as initially drafted will continue in full force and effect until compliance with this notice
requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or Incident to the perils insured against In relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent.
or subsequent active or passive negligence by the Additional Insureds.
a. It is hereby agreed that the laws of the State of California shell apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at;
City Manager
CRY of Seal Beach
City Hall
211 8w Street
Seal Beach, CA 90740
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, aker or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF
ENDORSEMENT ATTACHES FROM LIQ
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
A Any Automobiles
a All Owned Automobiles
a Non -owned Automobiles
a Hired Automobiles
o Scheduled Automobiles
a Garage Coverage
a Truckers Coverage
a Motor Carrier Act
o Bus Regulatory Reform Act
o Public Livery Coverage
a
IN
12. A a deductible or o self-insured retention (check one) of $I.0O0 applies to all
coverage(s) except: Aon f (d none, so state). The deductible is applicable o per claim or a
per occurrence (check one).
13. This is an 90occurrence or o claims made policy (check one).
14. This endorsement is effective on 3/16/2020 at 12:01 a.m. and forms a part of
Policy Number 54310018
1 Soham Naik (print name), hereby declare under penalty of perjury under the laws of the State
of California. that l have the authority to bind the Company to this endorsement and that by my execution
hereof, I do so bind the Company.
Executed March 16 2Q20_
Signature of Authorized Representative
(Original signature only, no lacsimNe signature
Telephone No.: 0491527-9818 or initialed signature accepted)
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Hardy & Harper, Inc.; 32 Rancho Circle, Lake Forest, CA 92630
Name and address of named insured (`Named Insured"):
Allied World Assurance Cc; 199 Water St., New York, NY 10038
Name and address of Insurance company (`Company'),
General description of agreement(s), permo(s). Iicense(s), and/or activity(ies) Insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached
(the "Policy') or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The City of Seal Beach ("City"), its elected officials, officers, attorneys, agents,
employees, and volunteers are additional insureds (the above named additional insureds are hereafter
referred to as the 'Additional Insureds") under the Policy in relation to those activities described generally
above with regard to operations performed by or on behalf of the Named Insured. The Additional
Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be
primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to
contribute with the Insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional
Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's
liability.
4. Nothing In this contract of insurance shall be construed to preclude coverage of a claim
by one insured under the policy against another insured under the policy. All such claims shall be
covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each
insured. Nothing contained in this provision shall operate to Increase or replicate the Company's limits of
liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) Includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in
conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured
and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days
before the effective date thereto. In the event of Company's failure to comply with this notice provision,
the policy as initially drafted will continue In full force and effect until compliance with this notice
requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,
or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of Califomia shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to City at:
City Manager
City of Seal Beach
City Hall
211 Eighth Street
Seal Beach, California 90740
10. Except as stated above and not in conflict with this endorsement, nothing contained
herein shall be held to waive, after or extend any of the limits, agreements, or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH THIS POLICY PERIOD LIMITS OF
ENDORSEMENT ATTACHES FROMRO LIABILITY
a Following Form
a Umbrella Liability
a
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NUMBER AMOUNT
Executive Risk Indemnity, Inc. 54309997
Federal Insurance Company 54310018;54310019
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
13. A o deductible or o self-insured retention (check one) of $ 0 applies to
all coverages) except: nor f (it none, so state). The deductible is applicable
o per claim or o per occurrence (check one).
14. This Is an hoccurrence or o claims made policy (check one).
15. Tis endorsement is effective on ft li t 12:01 a.m. and forms a part of Policy
Number 3Q tl - �67 j
l, S i
ham Naik (prftf ), hereby www
perraky of perjury under the laws of the State
or Califomialt that I have the authorfty to bind the Company to this endoaemerd and that by my execution
hereof, I do fo bind the Company.
ExeCuled Manh 16 2010—
Telephone MO.: (�
i
94 527-9818
S&kre of Authorized Representative
(Odow sijprature onir, no lacs(mIs slpnefure
orWW@d siDnat n a spied)
EXHIBIT E
ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING
CONTRACTOR LICENSING LAWS
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING
THE CONTRACTORS' LICENSING LAWS
[Business & Professions Code § 7028.15]
(Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the
entity on whose behalf this certification is given, hold a currently valid California contractor's license as set
forth below (required at time of award):
Business & Professions Code § 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the
business or act in the capacity of a contractor within this state without having a license therefore, except
in any of the following cases:
(1) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the Public
Contract Code or on any local agency project governed by Section 20104 [now §
20103.5] of the Public Contract Code.
(b) If a person has been previously convicted of the offense described in this section, the court
shall impose a fine of 20 percent of the price of the contract under which the unlicensed person
performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or
imprisonment in the county jail for not less than 10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials and labor
on an hourly basis, "the price of the contract' for the purposes of this subdivision means the aggregate
sum of the cost of materials and labor furnished and the cost of completing the work to be performed.
(c) This section shall not apply to a joint venture license, as required by Section 7029.1.
However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to
this section with respect to his or her individual licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or
registered professional engineer to form joint ventures with licensed contractors to render services within
the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a
contractor who is not licensed in accordance with this chapter shall be considered non-responsive and
shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public
agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was
properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law,
unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or
employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor
who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such
citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any
purchase order issued to, a contractor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter
863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during
which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if the
public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying
the license status of any person or contractor and the board failed to respond to the inquiry within three
business dads. For purposes of this section, a telephone response by the board shall be deemed
sufficient.
Public Contract Code § 20103.5:
In all contrac subject to this part where federal funds are involved, no bid submitted shall be invalidated
by the failure f the bidder to be licensed in accordance with the laws of this state. However, at the time
the contract i awarded, the contractor shall be properly licensed in accordance with the laws of this state.
The first pa ant for work or material under any contract shah not be made unless and until the Registrar
of Contracto verifies to the agency that the records of the Contractors' State License Board indicate that
the contracto was properly licensed at the time the contract was awarded. Any bidder or contractor not
so licensed hall be subject to all legal penalties imposed by taw, including, but not limited to, any
appropriate scipfinary action by the Contractors' State License Board. The agency shall include a
statement to I iat effect in the standard form of pre -qualification questionnaire and financial statement.
Failure of the Bidder to obtain proper and adequate licensing for an
award of a contract shall constitute a failure to execute the Contract
and shail result in the forfeiture of the security of the Bidder.
License No.: 215952 Class: A, C8, C12 Expiration Date: 12/31/21
nftfe. 3/15/20
EXHIBIT F
LABOR LAW REQUIREMENTS
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
Following provisions of California law:
1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter
1 (commenci g with Section 1720) of the California Labor Code relating to public works and the awarding
public agency ('Agency') and agrees to be bound by all the provisions thereof as though set forth in full
herein.
i
2. Contracto agrees to comply with the provisions of Califomia Labor Code Section 1773.8 which
requires the p yment of travel and subsistence payments to each worker needed to execute the Work to
the extent req iced by law.
3. Contracto( agrees to comply with the provisions of California Labor Code Sections 1774 and 1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing waes. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars
($50) for eat calendar day, or portion thereof, for each worker paid less than the prevailing rates as
determined b the Director of Industrial Relations for the work or craft in which the worker is employed for
any public work done under the Contract by Contractor or by any subcontractor.
4. Contracto agrees to comply with the provisions of California Labor Code Section 1776 which require
Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll
records availaole for inspection as provided by Section 1776, and (3) inform the Agency of the location of
the records. he Contractor is responsible for compliance with Section 1776 by itself and all of its
5. Contractor. agrees to comply with the provisions of California Labor Code Section 1777.5 concerning
the employm�t of apprentices on public works projects, and further agrees that Contractor is responsible
for compliant with Section 1777.5 by itself and all of its subcontractors.
6. Contractor` agrees to comply with the provisions of California Labor Code Section 1813 concerning
penalties for or kers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit
twenty-five do ars ($25) for each worker employed in the execution of the Contract by the Contractor or
by any subco tractor for each calendar day during which such worker is required or permitted to work
more than 8urs in any one calendar day and 40 hours in any one calendar week in violation of the
provisions of �Iivislon 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure thepayment of compensation to its employees. In accordance with the provisions of California
Labor Code S I
ction 1861, Contractor hereby certifies as follows:
"I am #ware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured ag, inst 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."
Date 3/14/20 Signature
I
EXHIBIT G
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
INDENIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF
SUBROGATION AND CONTRIBUTION
OFFICIAL TITLE OF PROJECT: FY 19-20 ANNUAL LOCAL PAVING PROGRAM
ST2002
i
ndemnit (s) (list all names):
Steve irschner
To the fulles� extent permitted by law, Indemnitor hereby agrees, , at its sole cost and expense, to defend,
protect, inde(nnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys,
agents, employees, volunteers, successors, and assigns (collectively "Indemnitees') from and against
any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings,
expenses, j dgments, penalties, liens, and losses of any nature whatsoever, including fees of
accountants attorneys, or other professionals and all costs associated therewith (collectively "Liabilities'),
arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any
act, failuret' act, error, or omission of Indemnitor or any of its officers, agents, servants, employees,
subcontract rs, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed
gto arise, di Illy or indirectly, out of, in connection with, resulting from, or related to the above -referenced
contract, aement, license, or permit (the "Contract") or the performance or failure to perform any tern,
provision, c venant, or condition of the Contract, including this indemnity provision. This indemnity
provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by
Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This
indemnity p vision shall survive the termination of the Contract and is in addition to any other rights or
remedies wl ich Indemnitees may have under the law. Payment is not required as a condition precedent
to an Indem itee's right to recover under this indemnity provision, and an entry of judgment against an
Indemnitee i hall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision
Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this
indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to
encompass a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying
Contract is i ubject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the
limited exter t that the underlying Contract is subject to Civil Code § 2782(b). This indemnity is effective
without reference to the existence or applicability of any insurance coverage which may have been
required under the Contract or any additional insured endorsements which may extend to Indemnitees.
Indemnitor,
subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from
all claims, I sses and liabilities arising out of or incident to activities or operations performed by or on
behalf of th Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence
by the Inde nitees. In the event there is more than one person or entity named in the Contract as an
Indemnitor, hen all obligations, liabilities, covenants and conditions under this instrument shall be joint
and several.
'Indemnitor'
Name Stove Kirschner — V.P.
�--- Name:
By:
Its Its
BID PROPOSAL
FY 19-20 ANNUAL LOCAL PAVING PROGRAM
PROJECT CIP NO. ST2002
Bidder's Name Hardy & Harper, Inc.
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF SEAL BEACH:
The undersigned, as Bidder, declares that: (1) -this Bid is made without collusion with any other person,
firm or corporation, and that the only persons or parties interested as principals are those named herein
as sworn in the attached Non -Collusion Declaration; (2) -Bidder has carefully examined the Project Plans,
Specifications, Instructions To Bidders, Bid Proposal Form, Notice Inviting Sealed Bids and all other
Contract Documents and information furnished therefore and the site of the proposed Work; and (3) -
Bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and
quantities of Work to be performed and materials to be furnished, Furthermore, Bidder agrees that
submission of this Bid shall be conclusive evidence that such examination and investigation have been
made and agrees, in the event this Contract be awarded to Bidder, to enter into a Contract with the City,
to perform said proposed Work in accordance with the Plans, if any, and the terms of the Specifications,
in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment,
apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or
provided under the terms of said Specifications, for the following stated unit prices or lump sum price as
submitted on the Bid Sheet herein.
The Bidder shall submit as part of this Bid a completed copy of the Contractor's Industrial Safety Record.
This Safety Record must include all construction work undertaken in the State of California by the Bidder
and any partnership, joint venture or corporation that any principal of the Bidder participated in as a
principal or owner for the last five calendar years and the current calendar year prior to the date of Bid
submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate
or individual Bidder. The Bidder may attach any additional information or explanation of data which the
Bidder would like to be taken into consideration in evaluating the safety record. An explanation of the
circumstances surrounding any and all fatalities must be attached.
Accompanying this Bid is (Circle one "a Cashier's Check", "a certified check", or'1 Bidder's Bo n the
form furnished by the City", as the case may be) in the amount of $_l Q ( 1�-aAaenrif equal to at
least ten percent (10%) of the total aggregate Bid price based on the quantities shown and the unit prices
quoted. The undersigned Bidder agrees that should Bidder be awarded the Contract on the basis hereof
and thereafter fail or refuse to enter into a Contract and provide the required evidence of insurance and
bonds within fifteen (15) calendar days after written notice of the award, the check or bond shall be
forfeited to the City in accordance with Public Contract Code section -20172, except as otherwise
provided in Public Contract Code section -20174. The undersigned agrees that in the event of such
failure, the actual amount of damages to the City would be impractical and extremely difficult to
determine.
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a
Contract to furnish all labor, materials and supplies for this Project in accordance with the Specifications,
Plans and other Contract Documents which are on file in the office of the Engineer, to the satisfaction and
under the direction of the Engineer, at the following prices listed in the bid sheet, The duration for Work
completed by the undersigned is fixed at THIRTY-FIVE (35) WORKING DAYS starting from the day after
the issuance of the Notice to Proceed from the City. The project shall be phased with work beginning on
Main Street. All work on Main Street shall be completed within FIVE (5) CONSECUTIVE CALENDAR
DAYS once work begins.
68
BID PROPOSAL FOR
FY 19-20 ANNUAL LOCAL PAVING PROGRAM
PROJECT CIP NO. ST2002
Base Bldlltems BID SHEET
itemExtended Price
D' sc ription Unit Quantity tint
urPrice
( Figures) (in Figures)
1
bilization/Demobilization
LS
1
$, 2, 3, /9
$ Z3� /29
2
T i ffic Control
LS
1
$ /
$ i5iO4�
3
Construction Surveying
EA
1
$10"fow
$ o 00e
4
Remove Existing Concrete
SF
210
$ 7
$ - 71�
5
R move Existing Curb and Gutter
LF
70
$_ 1
$ 3vsw
6
R ove AC Pavement and
SF
162
s—
$ 9
A gregate Base (Welcome Lane)
7
MiDo Mill 1" AC Pavement
SF
132,800
$
$
8
Mi ro Mill TAC Pavement
SF
28,700
$ .Nb
$
9
Place ARHM GG -C Pavement
TON
1,130
$
$
10
CTstruct 4" PCC Sidewalk
I
SF
65
$
$
11
C struct 6" Curb and Gutter
LF
8
$
$
12
C struct 8" Curb and Gutter
LF
54
$ -•1
7,62
13
Co struct Variable Height Curb
LF
5
$ �
$
an Gutter
14
Co struct Curb Ramp (Case "B",
EA
2
$ a%
$
Ty "2")
15
Ad st Water Valve Can and Cover
EA
23
$
$ qzff
to rade I
16
Ad st Manhole Frame and Cover
16
$
$zw
to rade
69
Base Bid Items
Item
Description
Unit
Quantity Unit Price
Extended Price
(in Figures)
(in Figures)
17
Aldjust Metering Wei to Grade
IA
5 $
18
ply Thermoplastic Striping,
ords, and Symbols
LS
1
19
int Two Coat Striping, Words,
a d Curb
LS
1
$�
$ 3 OB
20
Remove Pavement Marking
EA
1
$
$
21
Pace Import Fit
CY
8
L22
R�placeInductive Traffic Loop
LS
1
$ pd
$_ Z
23
A ply Emulsified Asphalt Fog Seal
SY
445
$
$3
R move and Replace Full
24
P vement Structural Section (Main
SF
8,900
$ •Os
$ 3 BO
S and Violet St
TOTAL
ASE BID PRICE
(ITEMS
0.1 THROUGH 25)
_v
h
WORDS
$
FIGURES
Note: fi may be adjusted or deleted. Therefore, regardless of total actual volume (percentage)
compared t estimated quantities, the unit prices provided above by the Bidder shall be applied to the
final quart' when payment is calculated for these items. No adjustment in the unit prices will be
allowed. City reserves the right to not use any of the estimated quentitles; and if this right is
exercised, t e Contractor will not be entitled to any additional compensation. Cost of all export of material
shall be ine (
KI
in the above unit costs; no additional compensation will be granted for such expenses.
IN CASE QF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL
PREVAIL.
1 70
R
TJh
City reserves the right to award a Contract to the lowest responsible Bidder in parts or in its
reserves the right to reject all Bids and re -advertise, as appears to be in the best interests of
y.Bid is required for this entire Work, the estimated quantities set forth in this Bid Sheet being
solely for purpose of comparing Bids, and final compensation under the Contract will be based upon
the actuaantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include
all appurtnt expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit
prices shal govern over extended amounts, and words shag govern over figures. The City reserves the
right to increase or decrease the amount of any quantity shown and to delete any item from the Contract.
The and ned Bidder agrees that, if awarded the Contract. Bidder will complete all Work according to
the Contra Documents. The undersigned Bidder is licensed in accordance with the requirements of the
Business 4nd Professions Code, Cardomia Contractors License No.- 215952
(REQUIRED AT TIME OF AWARD). ,Class
Hardy & Harper, Inc.
32 Rancho Circle Lake Forest, CA 92630
714.444-1851
03/02/2020
Steve Kirschner - Vice President
Tanner Hambdght - Vice President
�•�� Title
Signature Date
Title
If Bidder is i n individual, name and signature of individual must be provided, and, N he is doing business
under a fiat' lous name. the fictitious name must be set forth. If Bidder is a partnership or joint venturer,
legal name 4 f partnershipfjoint venture must be provided, followed by signatures of all of the par'.nersfjcmt
venturers or of fewer than all of the partners4oint venturers if submitted with evidence of atdhorky to act
on behalf of the partnershiproint venture. If Bidder is a corporation, legal name of corporation niusl be
provided, fol owed by signatures of the corporation President or Vice President and Secretary or Assistant
Secretary, e id the corporate seal. Signatures of partners, joint venturers, or corporation officers must
acknowled be
d before a Notary Public, who must certify that such partners, joint venturers
known to h' or her to be such, and, in the case of a corporation, that such corporat, or officers are
ion executed the
instrument p rsuant to its bylaws or a resolution of its Board of Directors.
71