HomeMy WebLinkAboutC-8718-1 - Contract for the Improvement of Public Work Newport Beach Lifeguard Headquarters ImprovementsM
AMENDMENT NO. ONE TO THE
CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS WITH
AT YOUR SERVICE CONSTRUCTION & ENERGY, INC
THIS AMENDMENT NO. ONE TO THE CONTRACT FOR THE IMPROVEMENT
OF PUBLIC WORK ("Amendment No. One") is made and entered into as of this 30th day
of November, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH,
a California municipal corporation and charter city ("City"), and AT YOUR SERVICE
CONSTRUCTION & ENERGY INC, a California corporation ("Contractor"), whose
address is 5658 Cahill Ave. Tarzana, CA 91356, and is made with reference to the
following:
RECITALS
A. On May 13, 2022, City and Contractor entered into a Contract for the Improvement
of Public Work ("Contract") for: The work necessary for the completion of this
contract consists of demolition and reconstruction of the ramp, stair and decking
at the Newport Beach Lifeguard Headquarters for the City of Newport Beach, as
more fully described in the Contract Documents ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of the
Contract.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
Section 1 of the Contract is amended in its entirety and replaced with the following:
"The term of this Contract shall commence on the Effective Date, and shall terminate on
October 1, 2023, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Contract shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
AT YOUR SERVICE CONSTRUCTION & ENERGY INC Page 1
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: / li 9 /i3
B�$y
`
JC/ n C. H �3
\.\°�
Attor ey
ATTEST:
Date:
By: L�i4lani'r. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
'�
David A. Webb
Public Works Director
CONTRACTOR: AT YOUR SERVICE
CONSTRUCTION & ENERGY, INC., a
California corporation
Date:
Signed in Counterpart
By:
Moshe Yosef
Chief Executive Officer
Date:
Signed in Counterpart
By:
Yasmin Yosef
Secretary
[END OF SIGNATURES]
AT YOUR SERVICE CONSTRUCTION & ENERGY INC Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: / /i 9 /23
By:
,C. Aar n C.
;C'
-'Attoi
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
David A. � m2- b
PublPublicWorks Director
CONTRACTOR: AT YOUR SERVICE
CONSTRUCTION & ENERGY, INC., a
California corporation
Date:
By: . ;)
Moshe osef
Chief Executive Officer
Date: % z o
By:
Yomin Yos
Secretary
[END OF SIGNATURES]
AT YOUR SERVICE CONSTRUCTION & ENERGY INC Page 2
40 airy
CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORKcc
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS WITH AT
v YOUR SERVICE CONSTRUCTION & ENERGY INC.
THIS CONTRACT FOR THE IMPROVEMENT OF PUBLIC WORK ("Contract") is
made and entered into as of this 13th day of May, 2022 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and AT YOUR SERVICE CONSTRUCTION & ENERGY INC., a California corporation
("Contractor"), whose principal place of business is 5658 Cahill Ave. Tarzana, CA 91356,
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 desires to engage Contractor to: The work necessary for the completion
of this contract consists of demolition and reconstruction of the ramp, stair
and decking at the Newport Beach Lifeguard Headquarters for the City of
Newport Beach, as more fully described in the Contract Documents
("Project").
C. City has solicited and received a proposal from Contractor and desires to
retain Contractor to render services under the terms and conditions set forth
in this Contract.
D. Contractor has examined the location of all proposed work, carefully
reviewed and evaluated the specifications set forth by City for the Project,
and is familiar with all conditions relevant to the performance of services
and has committed to perform all work required for the price specified in this
Contract over a period of 20 Days Consecutive days commencing upon
issuance of the "Notice to Proceed".
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Contract shall commence on the Effective Date and shall terminate
on December 1, 2022, unless terminated earlier as provided for herein.
2. SCOPE OF WORK
2.1. Contract Documents. The complete Contract for the Project includes all of
the following documents: Request for Proposals/Bids, Instructions to Bidders, Proposal,
and Designation of Subcontractors, attached hereto as Exhibit A; Proposal, attached
hereto as Exhibit B; Insurance Requirements, attached hereto as Exhibit C; Labor and
Materials Payment Bond attached hereto as Exhibit D; Faithful Performance Bond,
attached hereto as Exhibit E; all Project Permits; the Standard Special Provisions and
Standard Drawings; Plans and Special Provisions for Contract No. 8718-1; 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"). Exhibits A, B, C, D and E, and all other named
Contract Documents, 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.
2.2. 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
as identified in the Contract Documents ("Work" or "Services").
2.3. 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. TIME OF PERFORMANCE
3.1. Time is of the essence in the performance of Work under this Contract and
Contractor shall complete the Work within 20 Days Consecutive days from the date of
issuance of the "Notice to Proceed." Failure to complete the Work in the time allotted
may result in termination of the Contract by City and assessment of damages as outlined
in Section 3.2.
3.2. The parties agree that it is extremely difficult and impractical to determine
and fix the actual damages that City will sustain should Contractor fail to complete the
Project within the time allowed. Should Contractor fail to complete the Work called for in
this Contract within 20 Days Consecutive days from the date of issuance of the Notice to
Proceed, Contractor agrees to the deduction of liquidated damages in the sum of Five
Hundred Dollars ($500) for each calendar day beyond the date scheduled for completion.
4. COMPENSATION
4.1. 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 Seventy Three Thousand Six Hundred Five Dollars
($73,605.00), less any money deducted pursuant to Section 3.2. Contractor shall not
receive any additional compensation unless approved in writing in advance by City's
Project Administrator as defined herein. City shall make full payment to Contractor no
later than thirty (30) calendar days after acceptance of the Work by City.
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4.2. This compensation includes:
4.2.1. Any loss or damage arising from the nature of the Work;
4.2.2. Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
4.2.3. 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.
5. 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 Moshe Yosef 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.
6. ADMINISTRATION
This Contract shall be administered by the Public Works. City's Director of Public
Works, 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 Services to be rendered pursuant to this Contract.
7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
7.1. Contractor shall use only the standard materials and equipment as
described in the Contract Documents in performing Work under this Contract. Any
deviation from the materials or equipment described in the Contract Documents shall not
be utilized unless approved in advance by the Project Administrator.
7.2. Contractor shall comply with the terms and conditions of the Contract
Documents.
7.3. All of the Work shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Contract, and that it will perform all Work in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances.
7.4. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
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Contract, all applicable federal, state and local laws, and legally recognized professional
standards.
7.5. Contractor represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Contract.
7.6. Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
8. CHANGE ORDERS
8.1. This Contract may be amended or modified only by mutual written
agreement of the parties.
8.2. 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.
8.3. 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.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1. 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.
9.2. 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.
9.3. 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'
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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).
9.4. 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
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.
9.5. 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.
9.6. 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.
9.7. 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.
9.8. The rights and obligations set forth in this Section shall survive the
termination of this Contract.
10. 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.
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11. 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 Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to ensure
the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and/or designee
informed on a regular basis regarding the status and progress of the Project, activities
performed and planned, and any meetings have been scheduled or are desired.
14. BONDING
14.1. 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 E 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 D and incorporated herein by reference.
14.2. 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.
14.3. 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.
15. 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 this Contract, policies of insurance of the
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type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit C and incorporated herein by reference.
16. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California, not
less than the general prevailing rate of perdiem wages including legal holidays and overtime
Work for each craft or type of workman needed to execute the Work contemplated under
the Contract shall be paid to all workmen employed on the Work to be done according to
the Contract by the Contractor and any subcontractor. 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.
The Contractor is required to obtain the wage determinations from the Department of
Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall
be the obligation of the Contractor or any subcontractor under him/her to comply with all
State of California labor laws, rules and regulations and the parties agree that the City shall
not be liable for any violation thereof.
17. PREVAILING WAGES
If both the Davis -Bacon Act and State of California prevailing wage laws apply and
the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per
diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive,
Newport Beach, California 92660, and are available to any interested party on request.
18. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the Work to be performed
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 co -tenant 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.
19. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project are
identified in the Proposal attached as Exhibit B. 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
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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.
20. OWNERSHIP OF DOCUMENTS
20.1. Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Contract, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20.2. Documents, including drawings and specifications, prepared by Contractor
pursuant to this Contract, are not intended or represented to be suitable for reuse by City
or others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Contractor
will be at City's sole risk and without liability to Contractor. Further, any and all liability
arising out of changes made to Contractor's deliverables under this Contract by City or
persons other than Contractor is waived against Contractor and City assumes full
responsibility for such changes unless City has given Contractor prior notice and has
received from Contractor written consent for such changes.
21. RECORDS
Contractor shall keep records and invoices in connection with the Work to be
performed under this Contract. Contractor shall maintain complete and accurate records
with respect to the costs incurred under this Contract and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any longer
period required by law, from the date of final payment to Contractor under this Contract. All
such records and invoices shall be clearly identifiable. Contractor shall allow a
representative of City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Contractor shall allow inspection of all Work,
documents, proceedings and activities related to the Contract for a period of three (3) years
from the date of final payment to Contractor under this Contract.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate right
to appeal to the City Manager or designee with respect to such disputed sums. Contractor
shall be entitled to receive interest on any withheld sums at the rate of return that City earned
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on its investments during the time period, from the date of withholding of any amounts found
to have been improperly withheld.
23. CONFLICTS OF INTEREST
23.1. 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
seq., 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.
23.2. 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.
24. NOTICES
24.1. All notices, demands, requests or approvals to be given under the terms of
this Contract shall be given in writing, to City by Contractor 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.
24.2. All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Public Works Director
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3. All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Moshe Yosef
At Your Service Construction & Energy Inc.
5658 Cahill Ave.
Tarzana, CA 91356
25. NOTICE OF CLAIMS
25.1. 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
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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. 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 (Govt. Code §§ 900 et seq.).
25.2. 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.).
26. TERMINATION
26.1. 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.
26.2. 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.
27. 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 as defined by the Contract
Documents, 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.
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28. STANDARD PROVISIONS
28.1. Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
28.2. 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 and City.
28.3. Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4. 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.
28.5. 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.
28.6. 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.
28.7. 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.
28.8. 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.
28.9. 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.
28.10. 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,
At Your Service Construction & Energy Inc. Page 11
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11. No Attorney's Fees. In the event of any dispute or legal action arising under
this Contractor, the prevailing party shall not be entitled to attorneys' fees.
28.12. 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 and the same instrument.
[SIGNATURES ON NEXT PAGE]
At Your Service Construction & Energy Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 5- /��2Z
By:✓
ar n C. p
y Attor ey
ATTEST:
Date: 7 27 X21,
444iIr
�•d;�Il/I
Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporal
Date:
Public Works Director
CONTRACTOR: AT YOUR SERVICE
CONSTRUCTION & ENERGY INC. a
California corporation
Date:
By: Signed in Counterpart
Moshe Yosef
Chief Executive Officer
Date:
Signed in Counterpart
By:
Yasmin Yosef
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Request for Proposals/Bids
Exhibit B — Proposal
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
At Your Service Construction & Energy Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN71�'S OFFICE
Date: S �/
By:_,�,�.
a6Afto
p
it
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
David A. Webb
Public Works Director
CONTRACTOR: AT
CONSTRUCTION &
California corporation
Date:
YOUR SERVICE
ENERGY INC. a
By: By: Q
Leilani I. Brown Moshe Yosef
City Clerk Chief Executive Officer
Date: — 0 — 9 Z
By:
Yasmin sef
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Request for Proposals/Bids
Exhibit B — Proposal
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
At Your Service Construction & Energy Inc.
Page 13
EXHIBIT A
REQUEST FOR PROPOSALS/BIDS
At Your Service Construction & Energy Inc. Page A-1
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 28t" day of March, 2022,
at which time such bids shall be opened and read for
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS
PROJECT NO. 22F02
CONTRACT NO. 8718-1
$75,000
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"
For further information, call Kathryne Cho, Project Manager at (949) 644-3014
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http://newportbeachca.gov/govern_ment/op_gn-transparen_ t/online-services/bids-rfps-
vendor-registration
City of Newport Beach
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS
PROJECT NO. 22F02
CONTRACT NO. 8718-1
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS...................................................................................... 3
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 6
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15
ACKNOWLEDGEMENT OF ADDENDA....................................................................... 15
INFORMATION REQUIRED OF BIDDER..................................................................... 16
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
SPECIALPROVISIONS............................................................................................ SP-1
E
City of Newport Beach
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS
PROJECT NO. 22F02
CONTRACT NO. 8718-1
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
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, 2nd 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.
3
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,
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.
7. 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
2
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
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.
License #330423 B and C10 License Z40 %,e,4�resident
Contractor's License No. & Classification Authorized Signature/Title
1000839820 Expiration: 7/31/2023
DIR Registration Number & Expiration Date
At Your Service Construction & Energy Inc
Bidder
R
3/31 /22
Date
City of Newport Beach
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS
PROJECT NO. 22F02
CONTRACT NO. 8718-1
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.
At Your Service Construction & Energy Inc ���President
Bidder Authorized Signature/Title
City of Newport Beach
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS
PROJECT NO. 22F02
CONTRACT NO. 8718-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
e
Contractor must use this form!!! Please print or type.
v1
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)
that involve direct experience in constructing similar scope during the past 2 years,
in excess of $65,000 per project, please provide the following information:
No. 1
Project Name/Number Sweetzer Lofts 8 Units
Approximate Construction Dates: From
Agency Name Raffi Ventura
2017 To: 2018
Contact Person Raffi Ventura Telephone (818)651-3256
Original Contract Amount $ 2.3 M Final Contract Amount $ 2.3 M
If final amount is different from original, please explain (change orders, extra work, etc.)
No changes.
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.
to
r1
No. 2
Project Name/Number 4210 E Turquoise St Project
Project Description Demolition, Grading and Foundation
Approximate Construction Dates: From 2/8/21 To: 3/8/21
Agency Name Adda Zero
Contact Person Tevita Taufahema Telephone (661) 644-2691
Original Contract Amount $ 110,000 Final Contract Amount $ 110,000
If final amount is different from original, please explain (change orders, extra work, etc.)
No Changes.
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
No. 3
Project Name/Number 489 Willman Drive Project
Project Description Demolition, grading, foundation.
Approximate Construction Dates: From
Agency Name
RL Creation
2020
To: 2020
Contact Person Ruben Gomez Telephone (626) 353-9462
Original Contract Amount $ 300,000 Final Contract Amount $ 300,000
If final amount is different from original, please explain (change orders, extra work, etc.)
No Change
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. 4
Project Name/Number ADA Ramp Demolition & Installation Project #21-20057-00
Project Description Demolition of old ramps and installation of new.
Approximate Construction Dates: From 4/11/22
To: 4/30/22
Agency Name Department of State Hospitals -Metropolitan
Contact Person Reshay Henderson Telephone 662) 521-1415
Original Contract Amount $ 94,000 Final Contract Amount $ 94,000
If final amount is different from original, please explain (change orders, extra work, etc.)
No changes.
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.
M
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.
9
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.
At Your Service Construction & Energy Inc v resident
Bidder uthorized Signature/Title
10
City of Newport Beach
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS
PROJECT NO. 22F02
CONTRACT NO. 8718-1
NON -COLLUSION AFFIDAVIT
State of California
) ss
County of los AliA, )
f E; - , being first duly sworn, deposes and says that he or she is
'1l of i o U( 30du, i�c �t� uc �i �► 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 parry
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 c Authorized Signature/Title
Subscribed and sworn to (or affirmed) before me on this ! s:`day of A Cp_ r 12022
by M O S H E Y C)s F F , 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.
QoMy
ARVIND MAHESHWARI
Notary Public - Californiallotary Public
Los Angeles County rCommission[SEAL] Comm. Expires Nov 13, 2022
My Commission Expires: NOV V7, zc, 2 9
A notary public or other officer completing this
certificate verifies only the identity of the
11 individuatwho signed the document to which this
certificatebWached, and not the truthfulness,
accuracy, of validity of that document.
City of Newport Beach
L NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS
PROJECT NO. 22F02
CONTRACT NO. 8718-1
DESIGNATION OF SURETIES
Bidder's name At Your Service Construction & Energy 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):
Peter Micciche
Preferred Bondinq & Insurance Services
3455 Ocean View Blvd Suite 200, Glendale, CA 91208
Phone:213-336-3714
12
City of Newport Beach
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS
PROJECT NO. 22F02
CONTRACT NO. 8718-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name At Your Service Construction & Energy Inc
Record Last Five (5) Full Years
Current Year of Record
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2021
2020
2019
2018
2017
Total
2022
No. of contracts
2
4
6
9
9
10
40
Total dollar
Amount of
Contracts (in
Thousands of $)
$203,150
$475,000
$977,560
$1,199,320
$2,050,000
$3,210,150
$6,270,180
No. of fatalities
0
0
0
0
0
0
0
No. of lost
Workday Cases
0
0
0
0
0
0
0
No. of lost
workday cases
involving
permanent
transfer to
0
another job or
0
0
0
0
0
0
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.
13
Legal Business Name of Bidder At Your Service Construction & Energy Inc
Business Address: 5658 Cahill Ave, Tarzana, CA 91356
Business Tel. No.: 323-325-8101
State Contractor's License No. and
Classification: License #330423 Class B & C10
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 r
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 ATTACHED]
M1
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 ANGELES
On 04,-y t - vo before me, ARVIND MAHESHWARI, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared 1`°1 O S vi E � fJ c' E F ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature —
CL
eMy
ARVIND MAHESHWARI
Notary Public - California
Los Angeles County
Commission N 2266839
Comm. Expires Nov 13, 2022
(Seal)
City of Newport Beach
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS
PROJECT NO. 22F02
CONTRACT NO. 8718-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name At Your Service Construction & Energy Inc
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received Oe Signa ure
1 3/28/22
15
City of Newport Beach
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS
PROJECT NO. 22F02
CONTRACT NO. 8718-1
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: At Your service Construction & Energy Inc
Business Address: 5658 Cahill Ave, Tarzana, CA 91356
Telephone and Fax Number: 323-325-8101
California State Contractor's License No. and Class: License # 330423 and Class B & C10
(REQUIRED AT TIME OF AWARD)
Original Date Issued: 7/11/11 Expiration Date: 7/31/23
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents. -
Moshe Yosef/President
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
Moshe Yosef President 5658 Cahill Ave, Tarzana, CA 91356 323-325-8101
Corporation organized under the laws of the State of California
16
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
MO
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
None.
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;
None.
Briefly summarize the parties' claims and defenses;
None.
Have you ever had a contract terminated by the owner/agency? If so, explain.
None.
Have you ever failed to complete a project? If so, explain.
No.
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
1W4
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.
At Your Service Construction & Energy Inc
Bidder
Nt bSh-q- i !,: d
(Print name of Owner or President
of Corporation/Company)
Authorized Signature/Title
Title
Date
On 04 •- v t -2 L. before me, A Qv", Q 'f�, h44 0, A2. , Notary Public, personally appeared
r-i0) SH E- \(o cr P 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: No v t '3 ,a-10 -)- --)--
(SEAL)
ARVIND MAHESHWARI
WMy
Notary Public - CaliforniaLos
Angeles CountyCommission N 2266839
Comm. Expires Nov 13, 2022
A notary public or other of facer 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.
City of Newport Beach
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS
PROJECT NO. 22F02
CONTRACT NO. 8718-1
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.
19
City of Newport Beach
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS
PROJECT NO. 22F02
CONTRACT NO. 8718-1
SAMPLE CITY
CONTRACT
we,
City of Newport Beach
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS
PROJECT NO. 22F02
CONTRACT NO. 8718-1
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
Gentlemen:
The undersigned declares that he 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. 8718-1 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:
3/31 /22
Date
323-325-8101
Bidder's Telephone and Fax Numbers
License # 330423 Classifications: B & C10
Bidder's License No(s).
and Classification(s)
1000839820
DIR Registration Number
At Your Service Construction & Energy Inc
Bidder
44e,,, O /President
Bidder's Authorized Signature and Title
5658 Cahill Ave, Tarzana, CA 91356
Bidder's Address
Bidder's email address: energyays@gmail.com
PR-1
Addendum No. 1 C-8718-1
Page 1 of 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
NEWPORT BEACH LIFEGUARD HEADQUARTERS IMPROVEMENTS
PROJECT NO. 22F02
CONTRACT NO 8718-1
DATE: March 28, 2022
TO: ALL PLANHOLDERS
The following changes, additions, deletions, or clarifications shall be made to the Contract
Documents — all other conditions shall remain the same.
NOTICE INVITING BIDS
1. Bid opening date. -
CHANGE the bid opening date to 10:00 a.m. on the 4t" day of April, 2022.
2. Contractor License Classification(s) required:
CHANGE to "A" General Engineering Contractor or "B" General Building Contractor.
Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may
not be considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
At Your Service Construction & Energy Inc
Bidder's Name (Please Print)
3/31 /22
Date
esident
Authorized Signature & Title
Bond No. N/A
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, that we At Your Service Construction & Energy Inc.
as Principal, (hereinafter called the Principal), and Western National Mutual Insurance Company
, a corporation duly organized under the laws of Minnesota and
authorized to transact a general surety business in the State of California as Surety, (hereinafter
called the Surety), are held firmly bound unto:
City of Newport Beach
100 Civic Center Dr Newport Beach , CA 92660
as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10% of the accompanying bid of
the Principal, not, however, in excess of Ten Percent of the Total Amount of the Bid
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas, the Principal has submitted or is about
to submit to the Obligee a Proposal or bid, dated on or about the date mentioned below, for: (1) the
performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit:
Newport Beach Lifeguard Headquarters Improvements 22F02
NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted
therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms
of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted
therefore after such contract forms are presented to the Principal for execution, should the Obligee award the
Principal the said work or contract or any part thereof and if the Principal shall give bond or bonds for the
faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the
specifications or contracts provided: or if the Principal shall in case of failure so to do, pay the Obligee the
damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal
sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue.
PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the
basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within
the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee
hereunder shall give notice to Surety of said award at the time of notification to the Principal; and unless legal
action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the
formal opening of said bid.
PROVIDED, always, that this Bond shall not be valid and binding upon Surety unless accompanied by a
Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond,
the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out
above.
Signed, sealed and dated this 4th day of April 2022
At Your Service Construction & Energy Inc.
Principal Name Xogi�By• �,nle,
Principal
Western National Mutual Insurance Corn
N ure pany
AV
Attorney -in -Fact, Pietro Micciche
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _ Lgs Anelea— _ )
On APR ® 4 2022 _ before me,
Date
personally appeared
Pietro Micciche
Elisabete Salazar, Notary Public
__ .._ .._. -----
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personN whose name{ isles
subscribed to the within instrument and acknowledged to me that he/)MXW executed the same in
hisjXo(/ XXauthorized capacity( )q, and that by his1X4(l XsignatureN on the instrument the personoo,
or the entity upon behalf of which the personX acted, executed the instrument.
ELISABETE SALAZAR
Notary Public • California
Los Angeles County
Commission # 2342311
My Comm. Expires Jan 19, 2025
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
gnature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document,
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — _ . Limited _.- General
Individual 1-1 Attorney in Fact
Trustee Ll Guardian or Conservator
Other:
Signer Is Representing: .
Signer's Name:
Corporate Officer — Title(s):
Partner — I Limited f General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:,_
.ra"•�S"4� "��4'sa'.vs,:,,va�v;�f,�,u' '�v�ria.. .a,.. sa'a�r;.: .vA,ari,�.�<ua�nia\s' a'a!4' t:d"._.y .
4/a a.
M • i a • • • • •• i� �~ i�if-i • si •�
WESTERN NATIONAL
.a. rrL•r; ,aesh,p rrtnq.n ,;r
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does
make, constitute, and appoint: Patricia Zenizo, Pietro Micciche, Manuel Reguerra, and Elisabete Salazar,
Preferred Bonding Services (#9760)
Its true and lawful Attorneys) -in -Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the
seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other Char;
-,aii i-isr Is. bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
a s r<t..ty bonds, self-insurance workers compensation bonds guaranteehig payment of benefits, hazardous waste remediation bonds or
`: n4,k lung bonds), as follows:
All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/100 ($7.500,000.00) for
any single obligation, regardless of the number of instruments issued for the obligation.
and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are
ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This
Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of
Western National Mutual Insurance Company on September 28, 2010:
RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary,
may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for
and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and
suretyship obligations of all kinds, and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney
previously granted to such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any
secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and
sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of
the authority evidenced by the Power of Attorney issued by the Company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power
of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and
its corporate seal to be affixed this 16th day of December, 2020.
Jon R. Hebeisen, Secretary
STATE OF MINNESOTA, COUNTY OF HENNEPIN
Larry A. Byers, Sr. Vice President
On this 16th day of December. 2020, personally came before me, Jon R. Hebeisen and Larry A. Byers and to me known to be the
individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the
execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the corporation aforesaid, and
that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were
duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
g�°'- .<• JENNIFER A. YOUNG
j NOIARY PUBLIC
�rY MINNESOTA
1. y My Gornmissbn Exp res 0113 t 2026
Jennifer A. Young, Notary Public
My commission expires January 31, 2026
CERTIFICATE
I, the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing
and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set
forth in the Power of Attorney, are now in force.
.SEAL."-N
9•l-y�-t�.c�.��i.���tts�-ate- :i:�k�...,� �,
Signed and sealed at the City of Edina, MN this ath day of April 2022 Jennifer A. Young, Assistant Secretary "*
��NNS5v► 1
CJ&ENERGY
AT YOUR SERVICE CONSTRUCTION & ENERGY Inc.
COMPANY INFORMATION
Owner Name: Moshe Yosef Business Phone: 323-3258101
Company Name: At Your Service Construction & Energy Inc. Email Address: energyays@gmail.com
Address: 5658 Cahill Ave. Tarzana, CA 91356 Website Address: www.aysenergy.com
License No.: 330423 License Status: Active
License Classification: B-General Construction C-10 Electrical Issue Date: Since 2000
SUMMARY
General Contractor with a solid track record and family run business since 1977, for ensuring client satisfaction while
adhering to industry quality standards and sticking with established budgets. Extensive background in the
preparation of complete cost estimates for Residential and commercial building construction. Full knowledge of
construction methods and regulations, local zoning ordinances and techniques for meeting an assortment of
construction and building challenges.
AREA OF EXPERTISE 1 HIGHLIGHTS
y Quality Control
=* Negotiations
001 Material Procurement
y Performance Reporting
=� Cost Estimates
■w� Shop Drawings
Excellent ability to manage time and prioritize tasks
Vast knowledge of construction documentations
Power and hand tool operation
PROJECT EXPERIENCE
E* Project Management
mm� Material Tracking
y Project Planning
➢ Project: Building Apartment —16 Units
Address: 222 North Manhattan PI, Los Angeles (City), CA 90004
Construction Cost: 3,500,000.00 —
Total Project Cost: In Progress
Corporate Office: 6047 Tampa Ave. Suite No. 308, Tarzana, CA 91356 Page 1
License No. 330423
Office Phone No.: 323-3258101
cparn
AT YOUR SERVICE CONSTRUCTION & ENERGY Inc.
(�«nui>>:�r��ia) zuicl [Z��Si�i<.;ntial t�cri�r� l t`unt�aci,nr
➢ Project: Building Apartment - Sweetzer Lofts 8 Units
Address: 1253 N. Sweetzer Ave. West Hollywood, CA 90069
Construction Cost: $2,300,000.00
Total Project Cost: $2,500,000.00
Project Sold / Value: $3,600,000.00
➢ Project: Remodeling Restaurant — Soom Soom Fresh
Address: 180 M Promenade Way Thousand Oaks, CA 91362
Construction Cost: $80,000.00
Total Project Cost: $90.000.00
Project Sold / Value: $135,000.00
➢ Project: Apartment Building
Address: 950 Oakden Dr. Los Angeles, CA 90046
Construction Cost: $3,200.000,00
Total Project Cost: $3,700,000.00
Project Sold / Value: $6,800,000.00
➢ Project: Apartment Building
Address: 340 N. Oxford Ave. Los Angeles
Construction Cost: $3,000.000.00
Total Project Cost: $4,750,000.00
Project Sold / Value: $7,000,000.00
➢ Project: Apartment Building
Address: 7228 Amigo Ave. Reseda, CA 91335
Construction Cost: $4,300,000.00
Total Project Cost: $4,900,000.00
Project Sold / Value: $9,500,000.00
➢ Project: Apartment Building — 24 units
Address: 12871 San Fernando Sylmar, CA 91342
Construction Cost: $4,000,000.00
Total Project Cost: $4,550,000.00
Project Sold / Value: $8,000,000.00
Corporate Office: 6047 Tampa Ave. Suite No. 308, Tarzana, CA 913S6 Page 2
License No. 330423
Office Phone No.: 323-32SB101
ON'r 1 TI
�&ENERGY
AT YOUR SERVICE CONSTRUCTION & ENERGY Inc.
➢ Project: George's Plaza
Address: 5450 Pico Blvd. Los Angeles, CA 90019
Construction Cost: $3,500,000.00
Total Project Cost: $4,400,000.00
Project Sold / Value: $8,000,000.00
➢ Project: 2 Stories Beran's Residence
Address: 3101 Oak Avenue, Manhattan Beach, CA 90266
Construction Cost: $1,869,432.00
➢ Project: Restaurant Remodeling
Address: 700 S Allied Way, Plaza El Segundo, CA 90245
Construction Cost: $70,000.00
Total Project Cost: $90,000.00
Project Sold / Value: $135,000.00
➢ Project: 2 Story Residence with Attached Garage
Address: 6352 W. Colgate Los Angeles, CA 90048
Construction Cost: $1,250,000
Total Project Cost: $1,565,000.00
Project Sold / Value: $3,500,000.00
➢ Project: 2 Story Residential
Address: 7024 N. Tampa Ave, Reseda CA 91335
Construction Cost: $400,000.00
Total Project Cost: $550,000.00
Project Sold / Value: $800,000.00
➢ Project: 2 Custom Homes
Address: 6620 N. Aura Ave.
Construction Cost: $300,000.00
Total Project Cost: $375,000.00
Project Sold / Value: $550,000.00
Corporate Office: 6047 Tampa Ave. Suite No. 308, Tarzana, CA 91356 Page 3
License No. 330423
Office Phone No.: 323-3258101
CONS C ION
&EN RGY
AT YOUR SERVICE CONSTRUCTION & ENERGY Inc.
( o111111Ci�cl"11 C. ;}plmct:,l
➢ Project: 2 Custom Homes
Address: 19317 Kittridge Ave. Reseda CA 91335
Construction Cost: $550,000.00
Total Project Cost: $750,000.00
Project Sold I Value: $1,200,000.00
➢ Project: Building Apartments — 24 Units
Address: 1822 W. 4th. St. Los Angeles, CA 90057
Construction Cost: In Progress
CERTIFICATIONS & LICENSES
➢ Certificate of Training Construction Industry Outreach OSHA — California
➢ Lead Safe EPA Certification No. 125220-1— California
➢ CSLB — License No. 330423 B: General Construction
➢ CSLB —License No. 330423 C10: Electrical
➢ Bureau of Security and Investigative Services — License No. LC06877 — Low voltage and Security
Equipment
Corporate Office: 6047 Tampa Ave. Suite No. 308, Tarzana, CA 91356 Page 4
License No. 330423
Office Phone No.: 323-3258101
C
TIONER6N
AT YOUR SERVICE CONSTRUCTION & ENERGY Inc.
Conuncrc'ial 'jn(i (icli :iA (,oMf"Ic101,
INSURANCE, BOND & WORK COMP.
➢ Commercial General Liability
Policy No. XN108408800
Insurer: AmTrust International Underwriters Ltd.
➢ Contractors Bond
Bond No.: 04WBO90396
Insurer: Wesco Insurance Company
➢ Workers Compensation
Policy No. 9212567
Insurer: State Compensation Insurance Fund.
REFERENCES
➢ Name: Raffi Ventura
Well established investor / developer multi -unit
Phone No. 818-6513256
Email: sweetzerlofts@gmail.com, sweetzer1253@gmail.com
);o Name: Liran Cohen, Project Manager
CEO, Flux Construction
Phone No. (310) 346-7091
Email: projects@fluxconstruct.com
➢ Name: Varoosh Abedi
Project Engineer
Phone No. (818) 7580018
Email: varoosh@sbcglobal.net
➢ Name: Todd Gasser
CEO, Creative Vision Builder
Phone No. (818) 535-9522
➢ Ruben Gomez
Landscape Developer
Email: rlcreationsbygomez3l@gmail.com
Phone No. (626) 353-9462
Corporate Office: 6047 Tampa Ave. Suite No. 308, Tarzana, CA 91356 Page 5
License No. 330423
Office Phone No.: 323-3258101
EXHIBIT B
PROPOSAL
At Your Service Construction & Energy Inc. Page B-1
City of Newport Beach
A
PROJECT NO. 22F02
CONTRACT NO. 8718-1
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
Gentlemen:
The undersigned declares that he 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. 8718-1 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:
3/31 /22
Date
323-325-8101
Bidder's Telephone and Fax Numbers
License # 330423 Classifications: B & C10
Bidder's License No(s).
and Classifications)
1000839820
DIR Registration Number
At Your Service Construction & Energy Inc
Bidder
1't�presid/entiddethorize Signature and Title
5658 Cahill Ave, Tarzana, CA 91356
Bidder's Address
Bidder's email address: energyays@gmali.com
PR-1
City of Newport Beach Page 1 of 4
Ne.•.pert Beach �f.g-rd Headq-1— irnp—.—nts 22F02 (2718 1), bidding - G4/04/2022 00 Ate
' " (' Pen ed 04105/2022
B'id Results
rl;..i-.! r __I :t
L) UUtc L)UidII
Vendor Name At Your Service Construction & Energy Inc
Address
5658 Cahill Ave
Tarzana, California 91356
United States
Respondee
Moshe Yosef
Respondee Title
President
Phone
310-871-7647
Email
energyays@gmail.com
Vendor Type
CADIR
License #
330423
CADIR
1000839820
Bid iJetall
Bid Format
Electronic
Submitted
04/04/2022 8:56 AM (PDT)
Delivery Method
Bid Responsive
Bid Status
Submitted
Confirmation #
286320
Respondee C mrrlent
Buyer Cornment
Al'A r1hrnents
File Title File Name
File Type
Bid Submittal C-8718-1 AYS Construction. pdf Bid Submittal C-8718-1 AYS Construction. pdf General Attachment
P ar..t?,tde, inc.
amity or Newport Beach
Ner+Dort B.acn. uteo.!d HeaGouarters ': i o^merU 22-1-02 (8718-1, bidding on 04/04!2022 ;G00 AV?�
!='G
rage 2 c 4
rooted 04/05/2022
No Subcontractors
r ar,FtB:d., :-
City of Yewport 3earb Page 3 cf 4
\ea�port Be?c:^: Lifeguard.1caoquartore mprovemer•:ts 22-C2'8718 1 bidding ), _ or: 04/04/20220. TN (r GT) p
rr ed 04!15/2022
Line Iterns
Discount Terms No Discount
Items Item Code
Type Item Description
UOM
QTY
Unit Price
Line Total
Response Comment
Section t
$73,605.00
1
Mobilization
EA
1
$2,000.00
$2,000.00
Yes
2
Demolition of Existing Ramp/Stairs/Deck Coating
EA
1
$8,000.00
$8,000.00
Yes
3
Construction of New Ramp and Stairs
EA
1
$51,405.00
$51,405.00
Yes
4
Installation of New Deck Coating
EA
1
$3,700.00
$3,700.00
Yes
5
Modify Existing and Install New Electrical Pull Box
EA
1
$7,500.00
$7,500.00
Yes
5
Provide As -Built Plans
EA
1
$1,000.00
$1,000.00
Yes
PlfinetRdS.. C.
City of Newport Beach
Newport F-c L;fecuerd 'rteadyaarte! m.rammeras 22P� (87181 bdcing (' -) on 04/04/2022 %.,.M, F,PJ
Page 4 c' 4
Printed 04/06I2022
i_ine item Subtotals
Section Title
Section 1
Grand Total
Line Total
$73,605.00
$73,605.00
PianetMd" Inc.
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 VII (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, employeesand 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 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
At Your Service Construction & Energy Inc. Page C-1
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
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
At Your Service Construction & Energy Inc. Page C-2
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 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.
At Your Service Construction & Energy Inc. Page C-3
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.
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.
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.
K. Maintenance of General Liability Coverage. Contractor agrees to maintain
commercial general liability coverage for a period of ten (10) years after
At Your Service Construction & Energy Inc. Page C-4
completion of the Project or to obtain coverage for completed operations
liability for an equivalent period.
At Your Service Construction & Energy Inc. Page C-5
Premium Included in Performance Bond
CITY OF NEWPORT BEACH
BOND NO. 54360
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to At Your
Service Construction & Energy Inc. hereinafter designated as the "Principal," a contract
for the Improvement of Newport Beach Lifeguard Headquarters Improvements located at
Lifeguard Headquarters, 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,
Western National Mutual 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 Seventy
Three Thousand Six Hundred Five dollars ($73,605.00) 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 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
At Your Service Construction & Energy Inc,
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 3rd day of June 20 22 .
At Your Service Construction & Energy Inc
Name of Contractor (Principal)
Western National Mutual Insurance Company
Name of Surety
4700 West 77th StreetEdina, MN 55435-4818
Address of Surety
(855) 283-8106
Telephone
By•
on C.
City Attorney
Authorized Sign ur itle
Authorized Agent Signature
Pietro Micciche, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BEATTACHED
At Your Service Construction & Energy Inc.
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 _ I ss.
On 20 before me,
Notary Public, personally appeared
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)
At Your Service Construction & Energy Inc.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _ Los-Arngel S }
On JUN 0 3 2022 before me, Elisabete Salazar, Notary ry Public
Date Here Insert Name and Title of the Officer
personally appeared Pietro Micciche
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the persona whose namem is/4(o
subscribed to the within instrument and acknowledged to me that he/)MXWc executed the same in
his/p(0(tX*p(authorized capacityKA, and that by hisX4(X*XsignatureN on the instrument the personioo,
or the entity upon behalf of which the personoQ acted, executed the instrument.
ELISABETE SALAZAR
Notary Public • California
Los Angeles County
Commission # 2342511
�• •�0."� My Comm, Expires Jan 19, 2025
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
►gnature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages; Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _.. .
Corporate Officer — Titie(s):
Partner — Limited .J General
Individual LI Attorney in Fact
_ I Trustee L Guardian or Conservator
I Other:
Signer Is Representing:
Signer's Name:
l Corporate Officer — Title(s):
i Partner — I Limited I— General
I.. Individual i_i Attorney in Fact
Trustee Guardian or Conservator
I Other:
Signer Is Representing
02014 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907
WESTERN NATIONAL
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4M rpla[barl7aFpr7.9'?�ar W
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does
make, constitute, and appoint: Patricia Zenizo, Pietro Micciche, Manuel Reguerra, and Elisabete Salazar,
Preferred Bonding Services (#9760)
Its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the
seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than
bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or
black lung bonds), as follows:
All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/100 ($7 500 000.00) for
any single obligation, regardless of the number of instruments issued for the obligation.
and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are
ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This
Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of
Western National Mutual Insurance Company on September 28, 2010:
RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary,
may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for
and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and
suretyship obligations of all kinds, and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney
previously granted to such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any
secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and
sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of
the authority evidenced by the Power of Attorney issued by the Company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power
of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and
its corporate seal to be affixed this 16th day of December, 2020.
...........
. SEALy,
Jon R. Hebeisen, Secretary Larry A. Byers, Sr. Vice President
STATE OF MINNESOTA, COUNTY OF HENNEPIN
On this 16th day of December. 2020, personally came before me, Jon R. Hebeisen and Larry A. Byers and to me known to be the
individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the
execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the corporation aforesaid, and
that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were
duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
*My
JENNIFERA. YOUNGNOTARY PUBLICMINNESOTA
CcmmissSonEx{ziresplf3tt2p Jennifer A. Young, Notary Public
My commission expires January 31, 2026
CERTIFICATE
I, the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing
and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set
forth in the Power of Attorney, are now in force.
.��NAI M(JTfi �•
o-; oRaohWr•yc'
L
� =W�SEAT=
Signed and sealed at the City of Edina, MN this c day of U n>✓ 2 0 2-2 Jennifer A. Young, AssFstant Secretary *'
1*1214W
CITY OF NEWPORT BEACH
BOND NO. 54360
FAITHFUL PERFORMANCE BOND
The prernium charges on this Bond is $ 1,325.00 Premium Based on Final Contract AmOLInt, being
at the rate of $ 18.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to At Your
Service Construction & Energy Inc. hereinafter designated as the "Principal," a contract for
the Improvement of Newport Beach Lifeguard Headquarters Improvements located at
Lifeguard Headquarters 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
Western National Mutual 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 Seventy Three
Thousand Six Hundred Five dollars ($73,605.00) 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.
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 the City, only in the event the City
is required to' bring an action in law or equity against Surety to enforce the obligations of this
Bond.
At Your Service Construction & Energy Inc. Page E- I
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 the 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 3rd day of .. . . June 20 22 .
At Your Service Construction & Energy Inc
Name of Contractor (Principal)
I mis
MIN FAA
Western National Mutual lnsuranc�om any
Name of Surety Authorized Agent Signature
4700 West 77th StreetEcrina, MN 55435-4818
Address of Surety
(855) 283-8106
Telephone
f_ATTtrAiVE�__Gf q:4GE
Date.-
By:
ar CX.—a ?r"—
C Ci Attorney
Pietro Micciche, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
At Your Service Construction & Energy Inc. Page E-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 } 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
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)
At Your Service Construction & Energy Inc.
CALIFORNIA• • • r • •
.-' . hv. T:-9. ^v�.T�.�.•C✓sv. f .�a\N' \v�'.\< 1i�!ei. v.x�v.f\v. s�. -.v. �� a t.-.��.. � :..:.�\v .\��•.\v :1t•'a\Q `�ni. ��2 ivt T'•.:;.�'i\{:3�{i. ii �—:V�e'..�_:�t/h.`.=s�v .:�..
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _ Los Angeles )
On UGG before me, Elisabete Salazar, Notar ry Public_ ,
Date Here Insert Name and Title of the Officer
personally appeared Pietro Micciche
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the personoo whose name(A is/aye
subscribed to the within instrument and acknowledged to me that he/ )tW executed the same in
his/y(O"Xauthorized capacity%)O, and that by hisXO(l,' *Xsignature% on the instrument the personoo,
or the entity upon behalf of which the person(} acted, executed the instrument.
ELISABETE SALAZAR
Notary Public • California
Los Angeles County
Commission # 2342511
LIF00. �* My Comm. Expires Jan 19, 2025
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
s • �• ' •
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of document:
Number of Pages: Signer(s)
Document bate:
Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited __l General
71 Individual D Attorney in Fact
Trustee U Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
1 Corporate Officer — Title(s):
.._ Partner — : I Limited 1- General
Individual i Attomey in Fact
Trustee 11 Guardian or Conservator
i..... Other:
Signer Is Representing
' -.� \^... tl 'Y�'!ly'+✓y: •✓S'✓S'L. .vtt-v{�-`�S� :td/, LSD.. 5-.vi.�a/5:\.YS .,41 4\&i .ITI&5I.: I.•:✓ i a t.y,:\.%L<.'✓-lifI' •✓11&S,.•✓G'.l Ci ✓ '✓t
1 + National Notary• • • • • • ill • :11 • •i 91
VT
W947 7N l3AYIONAL
:4tflUAANGq'.
7RertilaHon..Tiip coinpariY.
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does
make, constitute, and appoint: Patricia Zenizo, Pietro Micciche, Manuel Reguerra, and Elisabete Salazar,
Preferred Bonding Services (#9760)
Its true and lawful Attorneys) -in -Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the
seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than
bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or
black lung bonds), as follows:
All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/100 ($7 500 000 00) for
any single obligation, regardless of the number of instruments issued for the obligation.
and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are
ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This
Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of
Western National Mutual Insurance Company on September 28, 2010:
RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary,
may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for
and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and
suretyship obligations of all kinds, and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney
previously granted to such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any
secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and
sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of
the authority evidenced by the Power of Attorney issued by the Company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power
of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and
its corporate seal to be affixed this 16th day of December, 2020.
.,44 44
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40APOf�gPF, `C
;SEAL
Jon R. Hebeisen, Secretary
STATE OF MINNESOTA, COUNTY OF HENNEPIN
Larry A. Byers, Sr. Vice President
On this 16th day of December. 2020, personally came before me, Jon R. Hebeisen and Larry A. Byers and to me known to be the
individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the
execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the corporation aforesaid, and
that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were
duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
JENNIFER A. YOUNG
NOTARY PUBLIC No'jC'i"
MINNESOTA (�/
My Commission EN#res 015111026 Jennifer A. Young, Notary Public
CERTIFICATE My commission expires January 31, 2026
I, the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that thfe foregoing
and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set
forth in the Power of Attorney, are now in force.
.•``pt,PL MST
Signed and sealed at the City of Edina, MN this day of li �. L 2-2— Jennifer A. Young—, sslstan -e-- ry „.,..
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