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Home My WebLink AboutC-9378-1 - Concrete Replacement Program FY 2023-244/30/24, 3:22 PM Batch 17363602 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II II II III I IIIII I IIII IIII II NO FEE *$ R 0 0 1 4 9 2 0 6 9 9$ 2024000107798 3:17 pm 04/30/24 227 403A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Grigolla & Sons Construction Co., San Dimas, California, as Contractor, entered into a Contract on September 26, 2023. Said Contract set forth certain improvements, as follows: Concrete Replacement Program FY2023-24 - C-9378-1 Work on said Contract was completed, and was found to be acceptable on April 23, 2024, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Harco National Insurance Company. M Public 0rks Director ; PA VE vYeeg City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. 1 �, I n ,, Executed on Avirl) ! )24 at Newport Beach, California. GM https://gs.secure-erds.com/Batch/Confirmation/l7363602 3/15 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Grigolla & Sons Construction Co., San Dimas, California, as Contractor, entered into a Contract on September 26, 2023. Said Contract set forth certain improvements, as follows: Concrete Replacement Program FY2023-24 - C-9378-1 Work on said Contract was completed, and was found to be acceptable on April 23, 2024, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Harco National Insurance Company. M. Public Works"Director , pAv� vw �3�3 City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. A Executed on Q i�rl� 9_,M at Newport Beach, California. Ir City Clerk I it U %LIPORN/ OD c7, CITY OF NEWPORT BEACH NOTICE INVITING BIDS v Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 31st day of August , 2023, at which time such bids shall be opened and read for CONCRETE REPLACEMENT PROGRAM FY 2023-24 Project No. 24R06 Contract No. 9378-1 $950,000 Engineer's Estimate Approved by James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" or "C-8" For further information, call Ben Davis, Project Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor- registration City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2023-24 Contract No. 9378-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 2 City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2023-24 Contract No. 9378-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2Id Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act'. 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. Contractor's License No. & Classification Authorized SignatureMtle DIR Registration Number & Expiration Date Bidder 5 Date City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2023-24 Contract No. 9378-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CONCRETE REPLACEMENT PROGRAM FY 2023-24, Contract No. 9378-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this day of , 2023. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) C1 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 } ss. On 20 before me, Notary Public, personally appeared 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 (seal) Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. 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 } SS. On 20 before me, Notary Public, personally appeared 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 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 } ss. On 20 before me, Notary Public, personally appeared 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0 (seal) City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2023-24 Contract No. 9378-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Bidder Authorized Signature/Title City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2023-24 Contract No. 9378-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 5 years in excess of $150,000, provide the following information. Please see Special Provisions SECTION 2-1 for detailed experience record/reference requirements. No. 1 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder 13 Authorized Signature/Title City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2023-24 Contract No. 9378-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of ) being first duly sworn, deposes and says that he or she is of , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on 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 of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this day of , 2023 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public (SEAL] My Commission Expires: 14 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 9378-1 DESIGNATION OF SURETIES Bidder's name Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): 15 City of Newport Beach CONCRETE REPLACEMENT PROGRAM CONCRETE REPLACEMENT PROGRAM FY 2023-24 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2022 2021 2020 2019 2018 Total 2023 No. of contracts Total dollar Amount of Contracts (in Thousands of $ No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. its Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED1 17 City of Newport Beach CONCRETE REPLACEMENT PROGRAM CONCRETE REPLACEMENT PROGRAM FY 2023-24 ACKNOWLEDGEMENT OF ADDENDA Bidder's name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature in City of Newport Beach CONCRETE REPLACEMENT PROGRAM CONCRETE REPLACEMENT PROGRAM FY 2023-24 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Business Address: Telephone and Fax Number: California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: List the name and title/position of the person(s) who did the required on -site inspection for your firm of the site of the work proposed in these contract documents, including but not limited to ALL tree removal areas (photo documentation may be requested): The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 20 Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Bidder (Print name of Owner or President of Corporation/Company) Authorized Signature/Title Title Date On before me, , Notary Public, personally appeared , 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. Notary Public in and for said State My Commission Expires: 21 (SEAL) City of Newport Beach CONCRETE REPLACEMENT PROGRAM CONCRETE REPLACEMENT PROGRAM FY 2023-24 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 9378-1 SAMPLE CITY CONTRACT 23 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 9378-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 9378-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: Date Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) DIR Registration Number Bidder's email address: Bidder Bidder's Authorized Signature and Title Bidder's Address CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 31st day of August , 2023, at which time such bids shall be opened and read for CONCRETE REPLACEMENT PROGRAM FY 2023-24 Project No. 24R06 Contract No. 9378-1 $950,000 Engineer's Estimate Approved by /James M. Houlihan LD�puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: httl2://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" or "C-8" For further information, call Ben Davis. Proiect Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https: lr,N,vw newportbeachca gov/governrylen`;data-hub/online-services/bids-rfps-vendor- _ — registratior) City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2023-24 Contract No. 9378-1 TABLE OF CONTENTS NOTICEINVITING BIDS .......................................................................................... Cover |NSTRi1CT|(]N8TO BIDDERS .................................. ................................................. '3 BIDDER'S6 �(]KJ[}---------..---..-.^,,,~.._,^^^.~,..,^~,,.^.,,~.-------� DESIGNATION OF SUBCONTRACTOR(S) '.......,....,.^.~....^..----.-----'9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. .......................... � 9 NON -COLLUSION AFFIDAVIT ...... .............. ............................... ....... .'..' 13 DESIGNATION OF SURETIES .......... ......—.'....—._ ._............................ �... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA..... ------.,......--.--.`--..--' 18 INFORMATION REQUIRED OF BIDDER ...................................... .............................. 19 NOTICE TO SUCCESSFUL BIDDER .................... ...................................................... 21 �� (�(]NTR/�CT----------------------_--_.~^_._'^^~~,,^~,,,._' LABOR AND MATERIALS PAYMENT BOND -----......-.....~.^~...,..E xhib|�'- A FAITHFUL PERFORMANCE BOND —...--------...---..—...EXhibb B INSURANCE REQUIREMENTS _.........-----------------EXhibd C PROPOSAL—.--.-...—.-,.,~.-...~^~--_.^.~...^,_,'.,..,,.,_'^~^,~,._.,~,^~^.,-~,^..—.PR-1 SPECIALPROVISIONS .................................................................... —...... ........... SP'1 2 City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2023-24 Contract No. 9378-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Grigolla & Sons Coast, Co. INC. Bidder E uthorized Signat e City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2023-24 Contract No. 9378-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. idder`s Name Grigolla & Sons Consr Co. INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 5 years in excess of $150,000, provide the following information. Please see Special Provisions SECTION 2-1 for detailed experience record/reference requirements. No. 1 ��^��^ Project Name/Number (616tet Nod I YJ Project Description �tY?�rC $ teplE�(� �' " C3"A-4<-r, 4 Approximate Construction Dates: From Jao . �� To: (�.i t �tk� WO V1 k j Agency Name GI Contact Person 1''►"t1�UYtiI t t Telephone (U10) (X35 — ukG-1 Original Contract Amount SM,60D Final Contract Amount S Ct,�� Wr✓,( If final amount is different from original, please explain (change orders, extra work, etc.) On Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. ffel No. 2 Ay 1�' \AA LOCU-V L,)a;0+-P,(�C1.V1U 2023' 9 i Project NameiNumber Project Description Q-(Y)Ni -S r DPW 'S iAtuA-C-Y-S, CWV Ir _ ittt't CWd Yttr Pt - Approximate Construction Dates: From ��N i� ; To: 1�v1t lU �UCV"K(I'►� Agency Name Dt Mills ✓ Contact Person C�a(t EM Telephone (qM) 2X8 - Cj q31 Original Contract Amount S i50jG2C -Final Contract Amount S a4l' OJt * u: 'Ur i If final amount is different from original, please explain (change orders, extra work, etc.) N �A- Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Sri D No. 3 Project Name/Number Qi2tY lyt ��c. tyuly�(}��Yll OY4 Project Description �,�rnc�tc t`EQ�� orb ��r3 placrt4�r cciy pi S`�Ru'di�� Approximate Construction Dates: From 1 `Y� J3 To: Agency Name Contact Person �y�� tYl��! Telephone () ��5� ' �GJ� Original Contract Amount SAg2�. Final Contract Amount SCr1�2r1kt�}bYkt'� If final amount is different from original, please explain (change orders. extra work, etc.) N JA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 PnqectNume/Number Project Description Approxi' .\ mote Construction Dates: From To: U 12- Agency Name ` Original Contract Amount S[L44qi V�— If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 �C P/ojectName/Numbar Project Description V,,n� J N8DT Approximate Construction Dates: From : m� Pu AoencyNome Contact Person a|ephonm(ft»O U Original Contract Amount Final Contract Amount S ~~ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number i crtSYY�IGKGh tt�^Qt��S j Q�S�ctE� �'�G 5, Project Description ktvtwp_ Approximate Construction Dates: From .� kV '_1 �,21 To: AC)E . 20 Agency Name C( tj C+ rY1 Contact Person A Obev+ AI(4 G 41 Telephone Original Contract Amount S 2(U."�inal Contract Amount $ �53L1, If final amount is different from original. please explain (change orders, extra work, etc.) CIOfL06 0VA43 U,0 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Grigolla & Sons Const. Co. INC. Y k c,Q Ita Bidder thoriz atu 13 Grigolla & Sons Construction Co., Inc. 627 W. Allen Ave. San Dimas, CA 91773 Ph# (909) 447-853o Fax# (909) 447-8548 License # 514132-A Experience Levels Raymond Grigolla: He has 42 years of managing field crews as well as firsthand experience in constructing curbs, gutters, driveways, sidewalks, street pavement, breaking and demolition in -kind. Raymond Grigolla will be the General Superintendent Ruben Gonzales: He has 39 years of managing field crews as well as firsthand experience in constructing curbs, gutters, driveways, sidewalks, and street pavement. He has an outstanding ability to correct problems before they happen. His talents also include masonry, stamped concrete, and other walks with decorative finishes. Ruben Gonzales will be Senior Foreman David Grigolla: Senior estimator with 38 years of field and office experience. He handles all the estimates, contracts, billings, change orders, and field measuring. Keeps all paperwork managing, in charge of safety issues. Manages all homeowner letter and notices. David Grigolla will be General Manager City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2023-24 Contract No. 9378-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of 5.� S )' 4AV 1a Oyipkkci , being first (July sworn, deposes and says that he or she is Co v sx rite( s ; V-4- A-Ckn" of Grrgolla & Sons Coast Co. ING , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of,. any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on 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 of the bidder or any other bidder, or to fix any overhead; profit, or cost element of the bid price, or of 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of alifornia hat the foregoing is true and correct. Grigolla & Sons Coast Co, INC 60 r Gina �E &4 rN i-n Bidder uthorized Sign u le U Subscribed and sworn to (or affirmed) before me on this (q+i,,day of �2023 by OW a toQ proved to me on the basis of satisfactory evidence to e the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AMy M. VIGIL Notary Public - California *my los Angeles CountyCommission # 2429197 Comm. Expires Jan 1, 2027 I- N Pu i y Commission Expires: d Q1i2C?'21 M City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 9378-1 DESIGNATION OF SURETIES Bidder's name Grigolla & Sons Consr Co. INC. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): CAA Pq �, vc fl\i aVi, (It 41 5 i (f — 1232 15 City of Newport Beach CONCRETE REPLACEMENT PROGRAM CONCRETE REPLACEMENT PROGRAM FY 2023-24 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Grigolla & Sons Consr Co. INC. _— Record Last Five (5) Full Years Current Year of Record j Current Record Record Record Record Record Year of for for 1 for for for j Record 2022 2021 2020 I 2019 2018 Total 2023 No. of contracts 50r- �Q «,p Total dollar Amount of �f �` �' ` (in Contractsj Ali' ►� �, tip' �16,�� Thousands of $)a� No. of fatalities 10 � No. of lost Workday Cases � � Af No. of lost workday cases pr involving 10 permanent transfer to another job or termination of em to rrent The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Business Address: ull W. I= tkkyN \i . San O'oYaSF G1 011113 Business Tel. No.: o►cA UU1 - (663D _. Grigolla & Sons Coast Co. INC. State Contractor's License No. and Classification: tile{ 1 32 - A Title Ccrt(_Set( F� The above information was compiled from the records that are avai ble to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Signatu bi Signatu bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] J 17 `. 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 docurent. State of California County of LOS AnOiel , __} ss. On , 20 2 9 before me, yfai Notary P blic, personally appeared Did—Viel 6"ATV M who proved to me on the basis of satisfactory evidence o 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 signatures(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 Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language _ Notary Public • California = Los Angeles County Commission t 2429197 ' My Comm. Expires Jan 1, 2G27 (seal) OPTIONAL INFORMATION Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s). Trustee _ Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Thumbprint of Signer ■❑ Check here if no thumbprint orfingerprnt is available. City of Newport Beach CONCRETE REPLACEMENT PROGRAM CONCRETE REPLACEMENT PROGRAM FY 2023-24 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Grigolla & Sons Const Co. LVC. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents* Addendum No. Date eceived i re v*,-\ e__ za-sLa-3--- IN City of Newport Beach CONCRETE REPLACEMENT PROGRAM CONCRETE REPLACEMENT PROGRAM FY 2023-24 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Grigolla & Sons Coast. Co. INC. Business Address: U21 W 1 k\-et1 B�Z • San p'4YW, C}A 00113 Telephone and Fax Number: aGgi 1�(N'1'`630 G`� Dui California State Contractor's License No. and Class: 5I LA 132 — A (REQUIRED AT TIME OF AWARD) Original Date Issued: 01 f� '! _ Expiration Date: (� 312�' S List the name and title/position of the person(s) who did the required on -site inspection for your firm of the site of the work proposed in these contract documents, including but not limited to ALL tree removal areas (photo documentation may be requested): The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone �` ;r} C�r��jG�1c� ;� r�r z� w �} � n s�;tl ►�, � c �11113 �AV1- X� i-Gu(mU►tcj �1tltlt<j(61 �(� 1�.5livr}� �21�v t�l4khRwe �rt�iFt�,�,C,� R1�1� irtc�fiK�t'1-�53u �1Gtt�d �'tr1Ur 1 �C1 �' i_47Ck tiirt� b�1iY� SC,n m4i5 C� G11113 �`�c�t) uy1-53L Corporation organized under the laws of the State of U ( 1YY1I C1 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties, Briefly summarize the parties' claims and defenses: I Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. WC For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor con liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / l.Jo 20 Are any claims or actions unresolved or outstanding? Yes G If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide,ALL requested information in a complete and accurate manner may be considered nonresponsive. JA" bop I I a (Print name of Owner or President /of orp ation/CSmpmN) Ci*v& & Sow Const Go. INC.core s ecre va r Bidder AutlVrized Signature/Title eoyr oral Title 00tl�1202�, Date 0An _ _, before me, , t�mv M , V161 L —, Notary Public, personally appeared who proved to me on the basis of satisfactory evi ence 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.. N -of and f&kid Sta My Commission Expires: lot lot LZ 21 0my AMY M, YIGIL Notary Public • California (SEAL) Los Angeles CountyCommission k 2429191 Comm. Wires Jan 1, 20t1 2 Ci-�j off- neavPora Q This certificate is attached too J _ page document dealing with/entitled mch Qq a � -- and dated ?(p 2 _ �— — California ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Arw lies _ On-�4Q}_—?2 — - — --- - before me, A(*jM 4 Yv"riA jo I i + (here insert name and title of the officer),. personally appeared _ bay;,, d (V(1A0A 1 a �_ who proved to me on the basis of satisfactory evidence to'e 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. 1A r AJAY M..VIGILGIL Notary Public • Califan;i Los Anples Co :nty _ Commission 4 247.91 µy Comm. ExRire::an 2�1: i Signature _ -_ _ (Seal) Printed 02-18 Produced by Mark Master, Inc. 1 1.800.441.MARK I www,markmasterinc.com City of Newport Beach CONCRETE REPLACEMENT PROGRAM CONCRETE REPLACEMENT PROGRAM FY 2023-24 NO TIE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the `Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 9378-1 SAMPLE CITY CONTRACT 23 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 9378-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Councilmembers: The undersigned declares that the Contractor has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 9378-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: -11--6 I7? - Date Bidder's Telephone and Fax Numbers �5(ql 31 - f� Bidder's License No(s). and Classification(s) i 0i✓Qoo 13t4L? DIR Registration Number Grigo0a & Sons Consr Co. INC. Bidder SrCirc{tiv� Bidder's Authorized S ture and Title t:21 a AhAl Avg. Saul Nwc,-S, C I 1"13 Bidder's Address Bidder's email address: PR-1 V DN m j N n 2 _ rp .� O n Z z 3! m Wr m i O n m T i D i; Q _ O m m N Z v a I s �_�t-2 to R Ico a CD y , o c CD a CD CD a • N o ao r o o c CD 0 a = N CD � lTM 0 CD Q �M IrD O e4- 0 Ong* CD r c W m W N rn L C (D N O N 07 z c� mf a � Mom+ CD r.00 CD CD CD CD o o- CD CD CDI Q Q � r � ..t rV�J h0�111 CD V. CA 0 CD ` l� CD � CD Wy,, H CD fD V ►�� OMir Bond No. CSBA-24767 City of Newport Beach CONCRETE REPLACEMENT PROGRAM FY 2023-24 Contract No. 9378-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Amount Bid Dollars ($10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CONCRETE REPLACEMENT PROGRAM FY 2023-24, Contract No. 9378-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 18th d Au ust 2023. Grigolla & Sons Construction Co., Inc. _p Name of Contractor (Principal) Authorized Signa)(e)Title `t)fl ;60- 'rAlE'. w Harco National Insurance Company Name of Surety Authorized Signature 2400 E. Katella Ave. suite 250, Anaheim, CA 92806 Arturo Ayala Attorney -in -Fact Print Name and Title --- rt Address of Surety - Yy, (714) 602-9170 ... Telephone (Notary acknowledgment of Principal & Surety must be attached)e r V Ilk 4. 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 J_AP,te.S } ss. On Wtoblaoaj 20 ' before me. A nNi M ' Notary Public, personally appeared jo QAQ� 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language *'y AAtY W VIGIL Notary public - California Los Angeles County Commission k 2429197 Comm. Expires .ian 1. 1127 (seal) OPTIONAL INFORMATION Type of Satisfactory Evidence Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer ❑ Check here if Capacity(ies) claimed by Signer(s). no thumbprint Trustee or fingerprint Power of Attorney is available CEO/CFO/GOO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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 (seal) County of Orange t ss. On August 18th 2023 before me, Melissa Ann Vaccaro Notary Public, personally appeared Arturo Ayala 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 signatures(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. - - -- MEUSSA ANN VACCARO WITNESS my hand and official seal. coMM.Zaolsa2 W N = ' Notary Public -California C ',. µ ::�. ORANGE COUNTY IL My Comm. Expires May 12.2026 `^ 473 Signature Melissa Ann Vaccaro (seal) 8 Ill Bond No. CSBA-24767 POWER OF ATTOR HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS. That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois. and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows. Illinois and Newark, New Jersey, do hereby constitute and appoint BENJAMIN WOLFE, MICHAEL D. STONG, CHELSEA LIBERATORE, BEN STONG, ADRIAN LANGRELL, DWIGHT REILLY DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI Orange. CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December. 2018. 'RESOLVED. that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President. Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of. Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto: and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians. agents for acceptance of process, and Attomeys-in-fact with authority to execute waivers and consents on behalf of the Corporation, and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2022 """ •• ytNstJq''. 4•t13r t'y � �d �G STATE OF NEW JERSEY STATE OF ILLINOIS 0:'4PPOR4t•..�a = gPQQRgf �'� County of Essex County of Cook seat'" :Z SEAL -0: tsa+ �� `fib •��trtiO`G' d4 6yd ` tE�+kC' Kenneth Chapman ,p61 .......... *�a,,• ski k� Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31 st day of December, 2022 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly swom, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY: that the seals affixed to said instrument are the Corporate Seals of said Companies, that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. "`",•,.,••'". IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, GArts a�G<' New Jersey the day and year first above written. : V nUflpv o. /j �l 5 P V J. ., '.s ion' •'• 5� �TFoa NEW yk¢ Cathy Cruz a Notary Public of New Jersey OF ,n,+, ,,,+' My Commission Expires April 16. 2024 CERTIFICATION 1, the undersigned officer of HARCO NATIONAL iNSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies. and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said cf Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day. August tsth, 2023 A00835 ae Irene Martins, Assistant Secretary CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3311 1 949 644-3308 FAX newportbeachca.gov/publicworks September 29, 2023 Contractor ATTN: David Grigolla 627 W. Allen Ave San Dimas, Ca 91773 Email: david@grigollaandsons.com Subject: Concrete Replacement Program FY2023-24 Contract No. 9323-1 Notification of Award Dear Mr. Grigolla: On September 26, 2023, the City Council of the City of Newport Beach awarded the above referenced contract to your firm. Please note: The City of Newport Beach is a self -insured municipality and our insurance certificate requirements are standard and generally require additional wording and endorsements. Please provide a copy of the insurance section of the contract to your insurance provider so they can supply the proper certificates and endorsements. Modification to these requirements will not be considered. Please return as a complete package, both signed original contracts and required insurance certificates, endorsements and bond documents to the City of Newport Beach, Public Works Department as soon as possible to the attention of: Trevor Smouse, Sr. Management Analyst Public Works Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 This will allow time for the City of Newport Beach to review and approve the insurance certificates and endorsements and execute the contract. The Contractor shall not commence work until a "Notice to Proceed" has been issued by the City. Failure to enter into the contract within 30 calendar days or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the bidder's security. In the event the bidder to whom an award is made fails or refuses to execute the contract or submit the required insurance and bond documents within the said time, the City may declare the bidder's security forfeited, and may award the work to the next lowest responsible bidder, or may call for new bids. Upon approval, one fully executed original will be returned to your office for your records. Respectfully, Ben Davis Project Manager CONCRETE REPLACEMENT PROGRAM FY2023-24 CONTRACT NO. 9378-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 26th day of September, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GRIGOLLA & SONS CONSTRUCTION CO., INC., a California corporation ("Contractor"), whose address is 627 West Allen Avenue, San Dimas, California 91773, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: distributing door hanger notifications, placing "no parking" signs and traffic control, posting tree removal signs, removing trees, stump grinding, root removal and grading removal area, saw cutting concrete sidewalks, parkways, driveways, access ramps, cross gutters, curb gutters, removing, shaving or pruning tree roots, grading, clearing and grubbing, constructing new concrete sidewalks, parkways, driveways, access ramps, cross gutters, curbs and gutters, patching areas of concrete curb and gutter and sidewalk, restoring private improvements including damaged bricks and synthetic turf, installing grass turf as necessary to match existing private grass turf, and providing temporary access during construction. (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 9378-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Nine Hundred Eighty Nine Thousand Two Hundred Fifty Dollars ($989,250.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated David Grigolla to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. Grigolla & Sons Construction Co., Inc. Page 2 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 Grigolla & Sons Construction Co., Inc. Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: David Grigolla Grigolla & Sons Construction Co., Inc. 627 West Allen Avenue San Dimas, CA 91773 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. Grigolla & Sons Construction Co., Inc. Page 4 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Grigolla & Sons Construction Co., Inc. Page 5 Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") 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, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless Grigolla & Sons Construction Co., Inc. Page 6 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. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seg., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. Grigolla & Sons Construction Co., Inc. Page 7 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. Grigolla & Sons Construction Co., Inc. Page 8 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Grigolla & Sons Construction Co., Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I n/n61z3 By:Ei a on C. Harp io.(o 23 Oi Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Noah Blom Mayor CONTRACTOR: Grigolla & Sons Construction Co., Inc., a California corporation Date: By: John Grigolla Chief Executive Officer Date: By: David Grigolla Secretary/Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements Grigolla & Sons Construction Co., Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date: i ohr�- /Z By: .7-T- -Z 3 a on C. Harp iZ Attorney ATTEST: Date: ;'. W-?'►MY 1, 1 F � j I ��j/It �'94AW b4 City Clerk CITY OF NEWPORT BEACH, a California municipal corporation CONTRACTOR: Grigolla & Sons Construction Co., Inc., a California corporation Date: I 01�LA !P3 By- J0 nigolla x t 13, ke Chie Executive Officer MO r IWARre'n W in T-TOTIM U M [END OF SIGNATURES] Attachments: Exhibit A — Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements Grigolla & Sons Construction Co., Inc. Page 10 THE FINAL PREMIUM IS This bond was issued in two (2) PREDICATED ON THE original counterparts FINAL CONTRACT AMOUNT EXHIBIT A CITY OF NEWPORT BEACH BOND NO.0845369 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Grigolla & Sons Construction Co., Inc. hereinafter designated as the "Principal,"a contract for distributing door hanger notifications, placing "no parking" signs and traffic control, posting tree removal signs, removing trees, stump grinding, root removal and grading removal area, saw cutting concrete sidewalks, parkways, driveways, access ramps, cross gutters, curb gutters,. removing, shaving or pruning tree roots, grading, clearing and grubbing, constructing new concrete sidewalks, parkways, driveways, access ramps, cross gutters, curbs and gutters, patching areas of concrete curb and gutter and sidewalk, restoring private improvements including damaged bricks and synthetic turf, installing grass turf as necessary to match existing private grass turf, and providing temporary access during construction, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, .providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Harco National Insurance Company _ duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Eighty Nine Thousand Two Hundred Fifty Dollars ($989,250.00) lawful. money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for 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 such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the Grigolla & Sons Construction Co., Inc. Page A-1 obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq, of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 12th day of October , 2023 . Grigolla & Sons Construction Co., Inc. Name of Contractor (Principal) Harco National Insurance Company Name of Surety 2400 E. Katella Ave., Suite 250, Anaheim, CA 92806 Address of Surety (714)602-9170 Telephone APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: 1�laiLs By: 4 j O (Q; ) iron C. Harp , City Attorney Ai.ith rized ignatut ent Signature Shaunna Rozelle Ostrom, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Grigolla & Sons Construction Co., Inc. Page A-2 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 -05 AVWSs. , On f)f�-�0 X o� , 20Q3 before me, �1)A ,. Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence 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 signatures(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 *my AMY M. VIGIL Notary Public -California Los Angeles County Commission # 2429197 Comm. Expires Jan 1, 2027 (seal) 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 } ss. On October 12th , 2023 before me, Melissa Ann Vaccaro , Notary Public, personally appeared Shaunna Rozelle Ostrom 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 signatures(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. MELISSA AiVN VACCARO WITNESS m hand and official seal. N car„rr. #24019or V, y � `m- Notary Pub!ic-California V) ORANGE COUNTY LL k My.Comm. Ezc;n=;s May 12, 2026K Signature Melissa Ann Vaccaro (seal) Grigolla & Sons Construction Co., Inc. Page A-3 POWER OF ATTORNEY Bond No. 0845369 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of [AT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint BENJAMIN WOLFE, MICHAEL D. STONG, CHELSEA LIBERATORE, BEN STONG, ADRIAN LANGRELL, DWIGHT REILLY, DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI Orange, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2022 UINS STATE OF NEW JERSEY STATE OF ILLINOIS County of Essex County of Cook,' °s(Cl ': SE rSEAL , j1904 a tJ rY4d: IE Kenneth Chapman ¥t "r Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2022 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ...... YIN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. Y i►' # IT : mil. Cathy Cruz aCNNotary Public of New Jersey P NEN My Commission Expires April 16, 2024 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attor oey, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that t e said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day,October 12tn 2023 A00835 Irene Martins, Assistant Secretary THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT This bond was issued in two (2) original counterparts CITY OF NEWPORT BEACH BOND NO. 0845369 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $12,214.00 , being at the rate of $ 22.80 / $13.68 / $9.12 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Grigolla &Sons Construction Co., Inc. hereinafter designated as the "Principal," a contract for distributing door hanger notifications, placing "no parking" signs and traffic control, posting tree removal signs, removing trees, stump grinding, root removal and grading removal area, saw cutting concrete sidewalks, parkways, driveways, access ramps, cross gutters, curb gutters, removing, shaving or pruning tree roots, grading, clearing and grubbing, constructing new concrete sidewalks, parkways, driveways, access ramps, cross gutters, curbs and gutters, patching areas of concrete curb and gutter and sidewalk, restoring private improvements including damaged bricks and synthetic turf, installing grass turf as necessary to match existing private grass turf, and providing temporary access during construction, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Harco National Insurance Company____ , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Eighty Nine Thousand Two Hundred Fifty Dollars ($989,250.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. Grigolla & Sons Construction Co., Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 12th day of October ,2023 . Grigolla & Sons Construction Co., Inc. Name of Contractor (Principal) Harco National Insurance Company Name of Surety 2400 E. Katella Ave., Suite 250, Anaheim, CA 92806 Address of Surety (714) 602-9170 Telephone Authorized Agent Signature Shaunna Rozelle Ostrom, Attorney -in -Fact Print Name and Title APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I Of? Ila By: Jftk�w) on C. Harp .a s City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Grigolla & Sons Construction Co., Inc. Page B-2 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 A V County of UDS AVl P-S ss. On 020_ before me, . VI 1 ( , Notary Public, personally appeared V i , who proved to me on the basis of satisfactory evidence td 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 signatures(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. *Ay AMY M. VIGIL WITNESS my hand and ofFcial seal. Notary Public •California Los Angeles CountyCommission k 2429197 Comm. Expires Jan 1, 2027 r r•�w SID4ture (seal) 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 } ss. On October 12th , 2023 before me, Melissa Ann Vaccaro , Notary Public, personally appeared Shaunna Rozelle Ostrom 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 signatures(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. 'vv MELISS^ A AN N V,>:ccARO COMM. ##2401942 M WITNESS my hand and official seal. P = Notary Public Cu ,fornia ORANGE COUNTY LL My Comm. Expires May 12.2026 Signature Melissa Ann Vaccaro (seal) Grigolla & Sons Construction Co., Inc. Page B-3 POWER OF ATTORNEY Bond No. 0845369 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint BENJAMIN WOLFE, MICHAEL D. STONG, CHELSEA LIBERATORE, BEN STONG, ADRIAN LANGRELL, DWIGHT REILLY, DANIEL HUCKABAY, ARTURO AYALA, FRANK MORONES, SHAUNNA ROZELLE OSTROM, R. NAPPI Orange, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2022 Y,Y,-YYr:Y,,, wstj STATE OF NEW JERSEY STATE OF ILLINOIS . �� •,o�atr4�xq�, � _ County of Essex County of Cook r st I, '" w SEAL t p tag. 1904 _ tL Kenneth Chapman # " Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2022 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. {,y{att{{Ylttl la flit/.+, o Hs LP PP NEW IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16, 2024 I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I nave hereunto set my hand on this day, October 12ch, 2023 A00835 Irene Martins, Assistant Secretary EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VIl (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Grigolla & Sons Construction Co., Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected. or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed Grigolla & Sons Construction Co., Inc. Page C-2 documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of. City will be submitted to City for review. -Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. _Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher Grigolla & Sons Construction Co., Inc. Page C-3 limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any, other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Grigolla & Sons Construction Co., Inc. Page C-4 K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Grigolla & Sons Construction Co., Inc. Page C-5 Insured Name t- Grir7olla 3 Son€ Construction L Q Grigolla & Sons Construction Cc . IrjG Active Records Only Insured Tasks Admin Tools View ija Insured nNotes .rL) History s DefM- ndes +^ Coverages Requwaments Add Eder Help Video Tutorials F Ab Insured Name Account Number. Address Status �BusinesslJnll(s) Print Insured Info Account Number Risk Type Do Not Call- Address Intormatian MaRmit Address Insured Address 1 Address 2 City state Zip Country: Contract iniormatran Contract Number 9378-1 Public Works Formal Agreement Gritloila & Sans Constnrction Ca Inc 627 W Allen Ave San Dimas CA 91773 Concrete Replacement Program FY 2023-24 4 G6910118 & Sons Con5mX ian CO, inc- n 9378-1 627 W. Alien Ave., San Dimas.. CA, 91773 Currently in Compliance. Address Updated: physical Address November 02, 2023 8:38:08 AM - Window City of Newport Beach Concrete Replacement Program FY 2023-24 (9278-1), bidding on 08/31/2023 10.00 AM (PDT) Page I of 4 Printed 08/31/2023 Bid Results Bidder Details Vendor Name Grigolla & SonsConst., Co., Inc Address 627 W. Allen Ave. San Dimas, California 91773 United States Respondee David Grigolla Respondee Title Estimator/Secretary Phone 909-477-8530 Email david@grigoilaandsons.com Vendor Type CADIR License # 514132 CADIR 1000001346 Bid Format Electronic Submitted 08/31 /2023 634 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 343463 Respondee Comment Buyer Comment Attachments File Title Newport Beach Bid 2023.pdf Newport Beach Bid Bond.pdf File Name Newport Beach Bid 2023.pdf Newport Beach Bid Bond.pdf File Type General Attachment Bid Bond PlanetBids City of Newport Beach Concrete Replaceinent Program FV 2M3-24 (9378-1), bidding on 08/31/2023 10:00 AM (PDT) Page 2 of 4 Printed 08/31/2023 Subcontractors Showing 4 Subcontractors Name & Address Desc License Num Adkan Engineers surveying as LS5390 6879 Airport Dr. needed. Riverside, California 92504 Roberts Concrete cutting & coring In Demo if needed, 788014 21361 Warren Rd. mostly sawing and Nuevo, California 92567 possible trucking Robertson's Concrete concrete supplier 000000 200 S Main St Ste 200 Corona, California 92882 V&E Tree Service Arborist and tree 654506 P.O. Box 3280 removing, possible Orange, California 92865 root pruning CADIR Amount Type 1000001712 $10,000.00 CADIR, DGS 1000028547 $20,000.00 1000039563 $120,000.00 1000001936 $110,000.00 PlanetBids City of Newport Beach Page 3 of 4 Concrete Replacement Program FY 2023-24 (9378-1), bidding on 08/31/2023 10:00 AM (PDT) Printed 08/31/2023 Line Items Discount Terms No Discount Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment Section 1 $989,250.00 1 Mobilization LS 1 $20,000.00 $20,000.00 Yes 0 2 Surveying Services LS 1 $15,000.00 $15,000.00 Yes 3 Traffic Control LS 1 $15,000.00 $15,000.00 Yes 4 Remove & Construct 4-Inch Thick Concrete Sidewalk SF 25000 $19.00 $475,000.00 Yes 5 Remove & Construct Type "A" Concrete Curb and Gutter LF 1800 $70.00 $126,000.00 Yes 6 Remove & Construct 6-Inch Concrete Driveway Approach SF 8700 $20.00 $174,000.00 Yes 7 Remove & Construct 8-Inch Concrete Cross Gutter SF 550 $20.00 $11,000.00 Yes 8 Remove & Construct Concrete Access Ramp EA 3 $4,500.00 S13,500.00 Yes 9 Prune/Shave Tree Roots LS 1 $10,000.00 S10,000.00 Yes 10 Tree Removal, Stump Grinding, and Parkway Restoration EA 35 $3,200.00 $112,000.00 Yes 11 Provide ISA Certified Arborist LS 1 $6,000.00 $6,000.00 Yes 12 Remove & Replace Utility Boxes & Covers EA 15 $450.00 $6,750.00 Yes 13 Restore Public and Private Improvements LS 1 S5,000.00 $5,000.00 Yes City of Newpod Beach Concrete Replacement Program FY 2023-24 (9378-1). bidding on 08/31/2023 10:00 AM (PDT) Page 4 of 4 Printed 08/ 31/2023 Line Item Subtotals Section Title Section 1 Grand Total Line Total $989,250.00 $989,250.00 IIIIII IIII IIII III IIVI IIIII IIIII IIII IIII IIIII IIIII IIIII IIAI IIII IIII 5ip� OFT STATE OF CALIFORNIA Office of the Secretary of State ® STATEMENT OF INFORMATION CORPORATION California Secretary of State cq11FOF"-�P 1500 11th Street Sacramento, California 95814 (916) 653-3516 For Office Use Only -FILED - File No.: BA20220699727 Date Filed: 8/18/2022 Entity Details Corporation Name GRIGOLLA & SONS CONSTRUCTION CO., INC. Entity No. 1343910 Formed In CALIFORNIA Street Address of Principal Office of Corporation Principal Address 627 WEST ALLEN AVENUE SAN DIMAS, CA 91773 Mailing Address of Corporation Mailing Address 627 WEST ALLEN AVENUE SAN DIMAS, CA 91773 Attention Street Address of California Office of Corporation Street Address of California Office 627 WEST ALLEN AVENUE SAN DIMAS, CA 91773 Officers Officer Name Officer Address Position(s) JOHN L. GRIGOLLA 627 WEST ALLEN AVENUE Chief Executive Officer SAN DIMAS, CA 91773 DAVID L. GRIGOLLA 627 WEST ALLEN AVENUE Secretary, Chief Financial Officer SAN DIMAS, CA 91773 Additional Officers Officer Name Officer Address Position Stated Position None Entered Directors Director Name Director Address JOHN L. GRIGOLLA 627 WEST ALLEN AVENUE SAN DIMAS, CA 91773 RAYMOND L. GRIGOLLA 627 WEST ALLEN AVENUE SAN DIMAS, CA 91773 DAVID L. GRIGOLLA 627 WEST ALLEN AVENUE SAN DIMAS, CA 91773 The number of vacancies on Board of Directors is: 0 Agent for Service of Process Agent Name JOHN GRIGOLLA Agent Address 2256 SHADY OAKS ROAD GLENDORA, CA 91741 Type of Business Type of Business CONTRACTOR 0 w N to F, N al 0 w N of \ N O N N I—' 0 N 0 (D m r- C (D i1 ts' n a N- O n N- to n n m rt Pi n O r-h m Fr ly rr (D Email Notifications Page 1 of 2 Opt -in Email Notifications No, I do NOT want to receive entity notifications via email. I prefer notifications by USPS mail. Labor Judgment No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. Electronic Signature ® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. David Grigolla Signature 0811812022 Date O O 3 rD 0 rD m 01 t3' Sy N r- r-i, O n N- M m n m rr n O rh cn rrt ct cD Page 2 of 2