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Macerich Construction Company - 2007-11-19
C\1 PLEASE C'aMPLEJE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 111111111111111111111111111111111111111111111111111111111111111111111111111 NO FEE 200800059077011:34am 12/26/08 117 91 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION Y NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Macerich Construction, Inc. who was the company thereon for doing the following work to -wit: GOTHARD, MURDY AND MAGNOLIA FIRE STATION REMODELS; CC# 1287 That said work was completed November 24, 2008 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on November 24, 2008, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract American Contractor Indemnity Company was surety for the bond given by the said company as required by law. i This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this December 2, 2008. _S�4 Director of tuUlic Works or City Engineer of Hu tington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this December 2, 2008. e°2 Director of Pyblic Works or City Engineer ___�ity of Hunt' gton Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 001.059-TITLE PAGE (R7/95) City of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK )7 Macerich Construction, Inc. 1442 E. Lincoln Ave. #337 Orange, CA 92865 Attn: Ghadah Nimeh, President Re: Gothard, Murdy & Magnolia Fire Station Remodels — CC-1281' The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. Sincerely, J n L. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Ci9R0kt' g'6asPSf'9? 4"-1f5 dW,, New Zealand 1 Telephone: 714-536-5227 ) Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20 , at , California. (Type Contractor Name) By: _ Name: Title: [Type Name] [Type Title] AS /` O CITY ATIO Y 247542A Certification of Compliance with 'Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] 1 IF R A ORNEX _TL) 3-2K�)-0(p 1 245911.1 CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of , 20____ APPROVED AS TO FORM -**Y -7) 2'-'— By: -JL� 3. Za ot� Name: [Type Name] Title: [Type Title] (Signature of Declarant) 1 245914-1 C LA 0- FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as • N O hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as- — - - -- TIFF-- --i U F ►ice' 11 in the City of Huntington Beach; and C4C-# I24�� being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low - Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; agree/citywide/revsisions/federal CDGB 8-05 1 NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be agree/citywide/revsisions/federal CDGB 8-05 2 performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); agree/citywide/revsisions/federal CDGB 8-05 3 F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation ,for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed -N- Dollars ($� ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion agree/citywide/revsisions/federal CDGB 8-05 4 within ee� FId;(S from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance agree/citywide/revsisions/federal CDGB 8-05 5 of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred'percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. agree/citywide/revsisions/federal CDGB 8-05 6 In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in agree/citywide/revsisions/federal CDGB 8-05 7 the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum Iof Dollars ($ -• O2% ) per day for each and every working day's delay in completing the work in excess of the number of working days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of agree/citywide/revsisions/federal CDGB 8-05 8 CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable agree/citywide/revsisions/federal CDGB 8-05 9 adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be agree/citywide/revsisions/federal CDGB 8-05 10 deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. agree/citywide/revsisions/federal CDGB 8-05 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18, INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense agree/citywide/revsisions/federal CDGB 8-05 12 and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in agree/citywide/revsisions/federal CDGB 8-05 13 connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations Iiability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: l . provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. agree/citywide/revsisions/federal CDGB 8-05 14 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such agree/citywide/revsisions/federal CDGB 8-05 15 event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days' written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 I/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. agree/citywide/revsisions/federal CDGB 8-05 16 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: agree/citywide/revsisions/federal CDGB 8-05 17 TO CITY: City of Huntington Beach ATTN 2000 Main Street fFcqf CF 04446w-- Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: �G W4c4i 05H arT C--n N, INC. . Iq-42. F. L-INCOL 4 AWP. #331 The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. agree/citywide/revsisions/federal CDGB 8-05 18 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. agree/citywide/revsisions/federal CDGB 8-05 19 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. agree/citywide/revsisions/federal CDGB 8-05 20 CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to agree/citywide/revsisions/federal CDGB 8-05 21 comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 39. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each agree/citywide/revsisions/federal CDGB 8-05 22 classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within agree/citywide/revsisions/federal CDGB 8-05 23 the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the .Agreement for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR, agree/citywide/revsisions/federal CDGB 8-05 24 that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 41. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this Agreement or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the Agreement. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or agree/citywide/revsisions/federal CDGB 8-05 25 under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 42. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor, The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. agree/citywide/revsisions/federal CDGB 8-05 26 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 44. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. agree/citywide/revsisions/federal CDGB 8-05 27 Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless agree/citywide/revsisions/federal CDGB 8-05 28 the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 45. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount agree/citywide/revsisions/federal CDGB 8-05 29 of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the following: agree/citywide/revsisions/federal CDGB 8-05 30 That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, agree/citywide/revsisions/federal CDGB 8-05 31 failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Section 44. 48. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, agree/citywide/revsisions/federal CDGB 8-05 32 rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 49. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 50. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 51. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR agree/citywide/revsisions/federal CDGB 8-05 33 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of -influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 52. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 53. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. agree/citywide/revsisions/federal CDGB 8-05 34 Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 54. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work agree/citywide/revsisions/federal CDGB 8-05 35 in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. guards. As used in this section, the terms "laborers" and "mechanics" include watchmen and 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, agree/citywide/revsisions/federal CDGB 8-05 36 indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 57. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 58. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in 29 CFR Part 5.5. agree/citywide/revsisions/federal CDGB 8-05 37 60. CONTRACT TERMINATION; DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12, 61. COMPLAINTS PROCEEDINGS OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. agree/citywide/revsisions/federal CDGB 8-05 38 B. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or agree/citywide/revsisions/federal CDGB 8-05 39 warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on &j))/�I�,[3G-3'� /lJ' , 200 -7-. CONTRACTOR lr Zv 14ye_ 3s 7 61 _ B y. _- -- pnnt name ITS: (circle one) Chairma residen ice President AND By:� `- print name ITS: (circle one) Secret a Chief Financial Office Asst. Secretary - Treasurer REVIEWED AND APPROVED: ;��, V, Gt-&ti4A ", Ci Administrator agree/citywide/revsisions/federal CDGB 8-05 40 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California APPROVED AS TO FORM: 1 City Attorney - SAID kk INITIATED AND APPROVED: irector of u is Works VicStK�CiYw) FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND wcp?=� sg Ia-n FOR MCtJ &tD N1N�I.eS, fi F-vevopg s ; TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 5 5. TIME OF THE ESSENCE 5 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYERS' LIABILITY INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 16 26. NON -ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32, 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57 58 59 60 61 62 63 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Page No. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 ATTORNEY'S FEES 19 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 20 DUPLICATE ORIGINAL 20 CONSENT 20 COMPLIANCE WITH APPLICABLE REGULATIONS 20 MINIMUM WAGES 22 PREVAILING WAGE LAW 25 WITHHOLDING 25 HEALTH AND SAFETY 26 PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 27 APPRENTICES AND TRAINEES 27 PAYROLLS AND BASIC RECORDS 29 WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 32 SUBCONTRACTS 32 FEDERAL PARTICIPATION 32 DAVIS-BACON ACT 33 DISPUTES CONCERNING LABOR STANDARDS 33 CERTIFICATION OF LIABILITY 33 DISCRIMINATION, MINORITIES, ALIENS 34 EQUAL EMPLOYMENT OPPORTUNITY ..34 COPELAND "ANTI -KICKBACK" ACT 35 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 35 IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION POLLUTION CONTRACT ACT ..36 ENERGY CONSERVATION ..37 HOUSING AND URBAN DEVELOPMENT 37 SUBCONTRACTS 37 CONTRACT TERMINATION; DEBARMENT 38 COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES 38 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME REQUIREMENTS 38 ENTIRETY 39 2 SECTION C PROPOSAL for the Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT No. 1287 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find �oN� in the amount of $ % which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Date eceived WWI C-2 Gothard Fire Station No. 1 Murdy Fire. Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ DD- TOTAL AMOUNT LUMP SUM BID IN WORDS: -ram T C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work Name ofSubcontractor and Address, Number ■- ✓� i w"I'M , M� MIA 7 / By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. Type of Material or Product Name of Vendor Address ofOflice and Telenhone Number I and Models) Numbers) C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange 1. , being first duly sworn, deposes and says that he or she is 41 �✓er��� ofd&C&-1, the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder b RICHARD J. KESTLER Commission # 1667918 r` Z B=� Notary Public - California ; Signature of Bidder Riverside County Ll1f<LOGa( -PF S-771 0✓4�9e GW 5�2g� r Address of Bidder Subscribed and sworn to before me this Ok _ day of o QlntNz- , 200-7 NOTARY PUBLIC NOTARY SEAL C-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as Fire Stations 1, 2 & 4, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: /® -4- &'7 / we t ae;,r = Contractor By Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes Zo If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code; each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.. Date: /p - a. 0-) Contractor Ae4 Title Ct UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor. By Title Date: /®- 16 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: /n � dW5, k4ce�- Bidder Name 337 Business Address �e-- e-4 OtAP45 (1•y ) 777- 70-T7 Telephone Number --I 9l 1010/ State Contractor's License No. and Class -cv_ 9/- ?iv/ Original Date Issued ",P- pg,- 4-00, Expiration Date The work site was inspected by /Ins T✓�co of our office on to-? , 20c>-7 The following are persons, firms, and corporations having a principal interest in this proposal: "��� //C-� p/esid 6 C-11 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Address of Bidder (7/K ) 777-78'37 Telephone Number Subscribed and sworn to before me this day of 0 JA M , 2007 NOTARY PUBLIC RICHARD J. KESTLER Commission # 1667918 z Notary Public - California Riverside County OMy Comm. Expires May 23, 2010 NOTARY SEAL C-12 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. 1"'I'/T Cll!2C_ 11�'✓a�✓flo�� Gd�G'f� Name and Address Name and Telephone No. of Project Manager:AZO,ao 66:6,, ✓ 3.?3► '73r- u1796r ' Contract Amount Type of Work ' 2. G •(y Name Date Completed 'o 564 Name and Telephone No. of Project Manager: Ada®LZuramr sde- 051/ �� /�'% 0??% • - � �c�'.,Sfi oy'I ,Druid. �► �--Z�r- ?✓�? Contract Amount Type of Work Date Completed 3. 1 A:rk''d/020 //ui !�0l'1•'/fi'Gs//� Name and Address Name and Telephone No. of Project Manager: (4o?)gff7- o?oT Contract Amount Type of Work Date Completed C-13 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): ezol' Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: _, %eew ,nd �' sif►� L,d Contact Person: 0 Contact Phone: ZYy_ 777 7037 Signed: Date: /v /6- Zav7 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-14 American Contractors Indemnity Company 9941 Airport Blvd., 9th Floor, Los Angeles, California 90045 Proposal Bond - KNOW ALL MEN BY THESE PRESENTS, Bond no. 156 That we Macerlch Construction, Inc. as Principal, and the American Contractors Indemnity Company a corporation under the laws of the State oft CA authorized to transact business in the State of CA, as Surety are held and firmly bound unto: City of Huntington Beach thereinafter called the obligee) in the full and just sum of TEN PERCENT OF THE AMOUNT OF THE BID NOT TO EXCEED $110,000.00 for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors or successors, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Cash Contract No. 1287 — Renovations of Restrooms in Computer Lab — Gothard Fire Station NO. 1/Murdy Fire Station No. 2 & Magnolia Fire Station No. 4 NOW, THEREFORE, if said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful per- formance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Provided, however, that if said contract is not awarded within 60 days of the date of bid opening, this bond shall be void and of no force and affect. Signed and Sealed this 16th day of October 2007 Macerich Construction, Inc. Principal B Ghadqfi Remeh — Pres dent American Contractors Indemnity Company By " Les M. Haut leAttorn.yin•lact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of tOrange � On �'� `� ( before me, Mary Martignoni — Notary Public Dale Name and Title of Officer (e_g-. -Jane Doe, Notary Public") personally appeared Les M. Mantle , Name(s) of Signer(s) MARY MARTIGNONI 9. COMM. # 1761251 DNOTARY PUBLIC - CALIFORNIAA�1 ORANGE COUNTY My Comm. Expires Sept. S, 2011 Upersonally known to me ❑ 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 tome that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above gnatu of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Les M. Mantle ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General M Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: American Contractors Indemnity Company RIGHT THUMBPRINT' OF SIGNER' Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2004 National Notary Association • 9350 Be Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 KNOW ALL MEN BY THESE PRESENTS - That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, - Les M. Mantle of Fullerton, California its true and lawful'Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bindthe Company thereby, in an Amount not to exceed S *** 3,000,000.00 *** This Power of Attorney shall expire without further action on June 29, 2009. This Pow -cr`of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the -Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6t' day of Deeembet, I}�0. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority 1. To too* Alt- irngji60 , Eat€utad_to authorize them to execute on behalf of the Company, and attach the seal of the Company 44reto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile sigka€ures ar facsimile seal shall -be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company inthe future with respect to any bond or undertaking to which it is attached. " IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Executive Vice President onthe9ih day of January, 20ti7. `�tQp-To,es AMERICAN CONTRACTORS INDEMNITY COMPANY SEK Y I M0 31 a^ By STATE OF CALIFORNIA § Adam S. Pessin, Executive Vice President COUNTY OF LOS ANGELES § On this 9th day of January,-2007, before me, Steve Fedunak , a notary public, personally appeared Adam S. Pessin; Executive Vice President of American Contractors Indemnity Company , personally known to me (or proved to 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. WITNESS my hand and official seal. t STEVE FEDUNAK Comm. No. 1593578 n 1_ NOTARY PUBLIC -CALIFORNIA p / t (,) .x t)SdNLiEIESCOUt�tiY -+ Signature of Notary My C OSA Exit.,lone? • 1t1D9 My Commission expires June 29, 2009 I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 16th Bond No. 156 Agency No. 8227 day of October 1200 7 Jeann J. Kim, Co orate Secretary Rev POA0322!06 MONTE14010 lot MAN 10MAN", MIA AUTO As"" 3 Fit ON x 4' r ,.. .�. .._ .. �r .iEA i a409 ZI'Al-' � � DATE (MMIDD/YY) AC09®TIM CERTIFICATE QF LIABILITY INSURANCE 11/26/07 - -- - - PRODUCER Stonebrook Insurance Services THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 775 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Placentia, CA 92870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone 7142389191 Fax INSURERS AFFORDING COVERAGE NAfC # INSURER A: Scottsdale InsuranCe Company INSURED Macerich Construction Inc -_ INSURER B: Scottsdale Insurance Company 1442 E. Lincoln Ave Suite 337 INSURER c Orange, CA 92865- INSURER D: INSURER F: COVERAGES THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRr LTR ADD'L I INSRD TYPE OF INSURANCE POLICY POLICY NUMBER EFFECTIVE DATE MM/DD/YY) _ POLICY EXPIRATION DATE MM/DDlYY - LIMITS GENERAL LIABILITY EACH OCCURRENCE 2,000,000 ,V) COMMERCIAL GENERAL LIABILITY CLS1380451 06/01/07 DAMAGE TO RENTED 06/01/08 PREMISES (Eaoccurence) 50,6001 A ❑ ❑ CLAIMS MADE OCCUR [ ❑ MED EXP (Any one person) PERSONAL & ADV INJURY 2,000,000 Ll GENERAL AGGREGATE — 2,000,000 -- 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG —Vj POLICY ❑ PROJECT ❑ !OC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ❑ ANY AUTO ❑ ALL OWNED AUTOS El ❑ SCHEDULED AUTOS .AF ED A FO 41 (Ea accident) (Per p sBDILYlon)URY ❑ HIRED AUTOS TE ER C City ttO ey I BODILY INJURY NON OWNED AUTOS �� (Per accident) -_ - Ll (1 — PROPERTY DAMAGE (Per accident) ' GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ❑ I ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE -- — ❑ OCCUR ❑ CLAIMS MADE AGGREGATE ❑ — —-- ❑ DEDUCTIBLE i ❑ RETENTION - - WORKERS COMPENSATION AND —� [, WC ❑ OTH- I EMPLOYERS' LIABILITY TORYLIMITER LIMITS i ANY PROPRIETOR / PARTNER / EXECUTIVE E.L. EACH ACCIDENT OFFICER / MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE If yes, describe under - S _SPECIAL PROVISIONS below -- _ E.L. DISEASE -POLICY LIMIT — OTHER B 'Commercial Property CPS0859282 07/01/07 07/01/08 1,000 Deductible 700,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 10 day notice of cancellation for non-payment of premium Location: Gothard, Murdy and Magnolia Fire Station Remodels;CC# 1287 The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers, are recognized as Additional Insured/Loss Payee with repect to the insured's usual operations_ I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 2000 Main Street THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. PO BOX 190 AUTHORIZED REPRESENTATIVERhone Huntington Beach, CA 92648 i'3--L- ACORD 25 (2001/08) © ACORD CORPORATION 1988 POLICY NUMBER: CLS1380451 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSPIRED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Additional Person or Organization: The City of Huntington Beach Its Agents, Officers, And Employees, Elected or Appointed Officials And Volunteers 2000 Main Street Huntington Beach, CA 92648 Location and Description of Completed Operations: Gothard, Murdy and Magnolia Fire Station Remodels CC 91287 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization Shown in the schedule; but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products — completed operations hazard". Named Insured: Macerich Constniction Inc CG 20 37 10 01 Copyright, Insurance Services Office, Inc. 2000 POLICY NUMBER: CLS1380451 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City Of Huntington Beach, its agents, officers, elected or appointed officials, employees and volunteers. Location of Covered Operations: Gothard, Murdy, and Magnolia Firestation Remodels CC # 1287 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. The insurance afforded by this policy for the additional insured(s) is primary insurance and any other insurance maintained by or available to the additional insured(s) is non-contributory. Named Insured: Macerich Construction Inc CG20101093 POLICYHOLDER COPY SP. P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FLUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11-26-2007 GROUP: POLICY NUMBER: 1818634-2007 CERTIFICATE ID: 24 CERTIFICATE EXPIRES: 04-01-2008 04-01-.2007/04701-2008 CITY OF HUNTINGTON BEACH SP JOB:GOTHARD MURDY '& MAGNOLIA FIRE STATION ATTN: PUBLIC WORKS REMODEL 2000 MAIN ST HUNTINGTON BEACH CA'92648-2702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the ;policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. tTORIZED REPRESENTATI 0PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2007-11-26 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF HUNTINGTON BEACH ENDORSEMENT #1600 - NABIL NIMEH P,S T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-01-2001 IS ATTACHED TO AND FORMS A PART OF. THIS POLICY. EMPLOYER MACERICH CONSTRUCTION INC 1442 E LINCOLN AVE ORANGE CA 92865 IREV.2-05 ` 11r'26/2007 16:28 FAX 351 727 2372 ALLSTATE JUAN COMPARETTO ? 002I002 CERTIFICATE OF INSURANCE ® ALLSTATE INSURANCE COMPANY ❑ ALLSTATE INDEMNITY 1. COMPANY You're in good hands. THIS CERTIFICATE IS ISSUED AS A MATTER OF 'INFORMATION C]NI Y ANn CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE HOLDER NAMED INSURED •above Name and Address of Party to Whore this Certificate is'issued Name and Address of insured CITY OF HUNTINGTON BEACH MACERICH CONSTRUCTION INC. 2000 MAIN ST 1442 EAST LINCOLN AVE STE 337 HUNTINGTON BEACH, CA.92648 ORANGE, CA 92865 ThiaJs to certifythat policies. of Insurance listed below have been issued to the insured named subject to the expiration date indicated below, notanthstandm9 any requirement, term or conaiRion of any contractor other document with respect to which this certificate may be Issued or may pertaln. The Insurance afforded by the policies described herein It sub act to all the terms exclusions, and conditions of such Iicies. TYPE OF INSURANCE AND LIMITS COMMERCIAL GENERAL Policy Effective Expiration LIABILITY Number Date Date Limit Amount GENERAL AGGREGATE LIMIT Other than Products - Completed Operations) PRODUCTS_- COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT PHYSICAL DAMAGE LIMIT ANY ONE LOSS MEDICAL EXPENSE LIMIT IT Q 2 ;J ANYONE PERSON WORKERS' COMPENSATION 9 Polley Effective Expiration EMPLOYERS' LIABILITY Number Data Date Covers a Limits WORKERS' COMPENSATION STATUTORY - applies only In the following states: BODILY INJURY BY ACCIDENT EACH ACCIDENT EMPLOYERS' BODILY INJURY BE DISEASE EACH EMPLOYEE LIABILITY BODILY INJURY BY DISEASE POLICY LIMIT AUTOMOBILE LIABILITY Polley 048849828 Effective 10/05/2007 Expiration 10105/2008 Number Date Date Coverage Basis Limits ANY AUTO E OWNED AUTOS 0 HIRED AUTOS Combined Single Limit of Liability BODILY INJURY 8 PROPERTY DAMAGE 1 $1,000,000 EACH ACCIDENT SPECIFIED AUTO ® NON -OWNED AUTOS Split Liability Limits Bodily Injury Property Damage Each ❑ OWNED PRIVATE PASSENGER AUTOS . PERSON OWNED AUTOS OTHER THAN PRIVATE PASSENGER ACCIDENT UMBRELLA LIABILITY Policy Effective Expiration Number Date Date EACH OCCURRENCE GENERAL AGGREGATE PRODUCTS - COMPLETED OPERATIONS AGGREGATE, OTHER (Show Policy Effective Expiration lype of Policy) Number Date Date DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS CITY OF HUNTINGTON BEACH 2000 MAIN ST HUNTINGTON BEACH, CA 92648 CANCELLATION Number of days notice 30 A4AN COMPARETTO November 26, 20,01 Authorized Reprc�nteth*, Should any of the above described policies be cancelled before the expiration date, the issuing company will endeavor to;mall within the. number of days entered above, written notice to the certificate holder named above. But failure to mall such notice shall impose no obligation or liability of any kind upon the company, Its p� 9 �Y Company Profile r Page I of 2 9841 AIRPORT BLVD, 9TH FLOOR LOS ANGELES, CA 90045 800-486-6695 Agent for Service of Process JEANNIE J. KIM, 9841 AIRPORT BLVD. 9TH FLOOR LOS ANGELES, CA 90045 Unable to Locate the Agent for Service of Process? Deference Information NAIC #: 10216 NAIC Group #: 0984 California Company ID #: 3634-3 Date authorized in California: May 23, 1994 License Status: UNLIMITED -NORMAL Company Type: State of Domicile: Property & Casualty CALIFORNIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_proP.p_EID=70264 11/28/2007 Com,pany Profile Help Me Find a Company Representative in My Area Page 2 of 2 Financial Rating Organizations Last Revised - September 11, 2007 12:43 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co—Prof utl.get_co—Prof?p_EID=70264 11/28/2007 RECEIVED B (Name) I o. (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh ri Freidenrich, City Treasurer RECEIVED FROM: � ��� NOV 3 0 2001 CITY TREASURER'S DEPT DATE: • SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. `0q j,;)0J "a')J) Re: Tract No. CC No. O MSC No. Approved Q (Counc pproval Date) (Company Name) Agenda Item No. City Clerk Vault No. / 119/0ixl #27 g:/followup/bondletter.doc $10,000.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No. PERFORMANCE. BOND KNOW ALL PERSONS BY THESE PRESENTS: 197139 WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated November 1920 07, entered into a contract with Macerich Construction, Inc. 524 Malloy Court, Corona, CA 92880 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: Restroom Renovations at Gothard Fire Station No. 1/Murdy Fire Station No. 2/Magnolia Fire Station No.4 — Cash Contract No. 1287 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and American Contractors Indemnity Company 9841 Airport Blvd., 9th Floor, Los Angeles, CA 90045 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety'), as Surety, are held and firmly bound unto City in the penal sum of FIVE HUNDRED TWENTY FIVE THOUSAND AND NO/100******************* *************************************************************** Dollars ($ 525.000.00** ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and :17591.1 PERFORMANCE BOND Page 1 of 2 Bond No. 197139 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2645 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: 11-20-2007 ATTEST Macerich Construction, Inc. (Corporate Seal) (Principal Name) By: Name hadah Nemeh Title. president ATTEST American Contractors Indemnit Company (Corporate Seal) (Surety Name) By: Name: Les M. Mantle (Signature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) (714) 441-2722 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH c Byennifer Mc ath aal S�bC ity Attorney s Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -tact must be attached. 277591.1 PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On �'� before me, Mary Martignoni — Notary Public Date Name and Title of Officer (e.g., -Jane Doe, Notary Public-) personally appeared Les M. Mantle , Name(s) of signers) MARY MARTIGNONI COMM. # 1761251 D NOTARY PUBLIC - CALIFORNIAN ORANGE COUNTY My Comm. Expires Sept. 9, 2011 Upersonaiiy known to me ❑ 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. WITNESS my hand and official seal. Place Notary Seal Above gnat re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Les M. Mantle ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General M Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: American Contractors Indemnity Company RIGHT THUMBPRINTr = :OF SIGNED' Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — T)tle(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER'-- ® 20134 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 PREMIUM INCLUDED IN PERFORMANCE BOND Bond No. 197139 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to Macerich Construction, Inc. 524 Malloy Court, Corona, CA 92880 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: Restroom Renovations at Gothard Fire Station No, 1/Murdy Fire Station No.2/Magnolia Fire Station No.4 - Cash Contract No. _1287 (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and American Contractors Indemnity Company 9841 Airport Blvd., 9th Floor, Los Angeles, CA 90045 (name and address of surety) (a duty admitted surety insurer under the taws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of FIVE HUNDRED TWENTY FIVE THOUSAND AND NO/100************** dollars, ($ 525, 000.00**********), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond: otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 7-7599-1 PAYMENT BOND Page t of 2 Bond No. 197139 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: November 20, 2007 ATTEST Macerich Construction, Inc. (Corporate Seal) (Princi al Na } By. Na Ghadah Nemeh Its: President ATTEST American Contractors Indemnity Company (Corporate Seal) (Surety Name) 1. By: Name:Les M. Mantle (Signature of Attorney -in -Fact for Surety) (_LIA 441-2722 (Attach Attorney -in -Fact Certificate) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By ���-^-�t'� v 1 1 ' - &K— lT� ennifer Mc rath U S�f S b6 '--City Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. "spy' PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On before me, Date ss. Mary Martignoni — Notary Public Name and Title of Officer (e.g., -Jane Doe, Notary Public") personally appeared Les M. Mantle , Name(s) of Signer(s) MARY MARTIGNONI COMM. # 761251 ®C�C Q 10 NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My Comm. Expires Sept. S, 2011 Upersonally known to me ❑ 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. WITNESS my hand and official seal. Place Notary Seat Above Sig lure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Les M. Mantle ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General M Attorney in Fact ° f thumb here ElTrustee Top o - ❑ Guardian or Conservator ❑ Other: Signer Is Representing: American Contractors Indemnity Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: R1GHT THUMI$FriINT=. ,OF SIGNERw-_.._ ® 2004 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 - Chatsworth. CA 91313-2402 Item No, 5907 Reotder: Call Toll -Free 1.800-876-6827 2. To remove, at any time, any such Attorney -in -Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to ctsy such Power pf Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile stg s€xrres at acsimileseal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile s G1 shalt be valid and binding upon the Company in thefuture with respect to any bond or undertaking to which it is attached. " IN VITI E S WHEREOF, American Contractors Indemnity Company h ;paused its seal to be affixed hereto and executed by its Executive Vice President on the 9`h day of January, 2007. TOiyo AMERICAN CONTRACTORS INDEMNITY COMPANY Z1 Comma ` By. STATE OF CALIFORNIA § Adam S. Pessin, Executive Vice President COUNTY OF LOS ANGELES § On this 9th day of January, 2007, before me, Steve Fedunak a notary public, personally appt4edAdam S. Pesstn- Executive Vice President of American Contractors Indemnity Company , personally known tome (or proved to ii-eonthe basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged tome thatAdshe/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. 0,.&AAAAAAI WITNESS my hand and official seal. STEVE FEDUNAK. r /Comrn. No. 1593578 r NOTARY PUBLIC - CALIFORNIA 0 / 0 LOS ANGELES COUNTY =+ Signature of Notary NyGomm. Exp. June29.. 209 My Commission expires June 29, 2009 I, Jeannie J. Kim, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 20th Bond No. 197139 Agency No. 8227 day of November 2007 . Jeann J. Kim, Co porate Secretary Rev. POA03/22/06 CONI'RAC'MRIS SWORN STATEINIENT AND WARRA1 YY REGAI:I7ING CONT[\-lIiNG 1NS1RaNCE OBLIGATIONS FROM: Macer1ch Construction, Inc. PROJECT. Restroom Renovations at Gothard Fire (Contractor Name) Station No.1/Murdy Fire Station No.2/Magnolia Fire Station No.4—Cash Contract No. 1287 524 Malloy Court (Street Address) Corona, CA 92880 (City, State and Zip) TO' CITY OF HUNTINGTON BEACH DECLARATION Atta€n5d ncseto Is a tn>e and r:•ne� cWx of ttna a=►rent Ceftificate of Ina-v-mre and Additionvi Insiayd EndenzMa�t C3 29-10 1185, vdlich Certi ate comfilies ivitn 3'-e insurance requirement of d-te Contract by and behveen tilt City yr h:untiri ten 6exh ("Gly i aru] the above -named Contractor i'Contracto.) for the a cxe-described project (Frejecn. I Lft.-ear, un tr p—alty or perpay uax the *e--5 ct the State a€ Ca3fomia that the abacve stattinent is 7v:a and c:rrurt. Signed an 2o_ a: pate) (Cary, State) (Signature of InOvidual 'iWo is Mking Uedaracicn) WARRANTY Cc,;,.trsrtor heresy yaarrans and acy ccs tcl inoin ain Product; and Con-plet d n-perrations insurance in corn Lance ti%sth the auuranc requirements of a-�-- Coact for nw, Frcjecr Said insurance shall be rnaintained through and vnpl v: ea'pirtan ci a0 ylairrantli,-s fuo id-,-, by Contractor_ Said insurance shall carttain AC'dbol ll Ins-,rrd Endorsement Ca 2010 1185, rv.ming City az an a:xjbonal irzured_ Ccava'tor shall supply to Uhr., on at least an annual Sass, a Certifunte of ws-Laanee arial the atcremendoned Endur;-ement ericencng connnuw Ca'verage which meet; tj-- Contract requirement. Sfgr'.eQ Cn %�Z:7 - c� y 2C3Q� at 1'. —2-,, ' (Date) tabf, State) CIDNTRACTOR: Name. Macerich Construction, Inc, 6y -• Madan eme T uc; rev en v" This form to be turned in with Payment Bond Council/Agency Meeting Held: Deferred/Continued to: Appr g ❑ ndit (g Appro d ❑ Denied Cit erk' Sign u e Council Meeting Date: 11/19/2007 rDepartmp Number: 07-070 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY OUNCI L MEMBERS SUBMITTED BY: P ELOPEiULBRETH-GRAFT, P ,ITY ADMINISTRATOR PREPARED BY: DUANE S. OLSON, FIRE CHIEC�� TRAVIS HOPKINS PE ACTING DIRECTOR O'F PUBLIC WOR ENGINEERING SUBJECT: Award Construction Contract for Fire Station Improvements, CC-1287 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On October 23, 2007, bids were opened for the Fire Stations 1, 2 and 4 Improvements, CC-1287. Staff requests that City Council award the contract to Macerich Construction Company, the lowest responsive and responsible bidder. Funding Source: A combination of General Fund Capital Improvements, Fire Med, Redevelopment and CDBG Funds in the amount of $665,000 is budgeted in the following accounts 10040309.82200, 50265402.82200, 3058201.82200, and 86865101.82200. The engineer's construction cost estimate for this project is $585,000. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Fire Stations 1, 2 and 4, CC-1287; 2. Accept the lowest responsive and responsible bid submitted by Macerich Construction Company, in the amount of $525,000; 3. Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders; and 4. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; Alternative Action(s): Reject all bids, and provide staff with an alternative direction. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/19/2007 DEPARTMENT ID NUMBER: 07-070 Analysis: The project includes various Americans with Disabilities Act (ADA) and tenant improvements at Fire Station #1 (Gothard), Fire Station #2 (Murdy) and Fire Station #4 (Magnolia). Once completed, all three stations will have living quarters that are gender neutral and are ADA accessible. Magnolia Station also includes modifications to the ready room and kitchen areas along with the ADA improvements. The City Council authorized the carryover of the project from the 2006/07 budget and additional funds are included in the 2007/08 capital improvement project list. A portion of the funding, specifically the ADA improvements are from the City's Community Development Block Grant (CDBG). All remaining funds will come from Fire Department, Redevelopment Agency and General Fund Capital Improvement accounts. Bids were opened publicly on October 23, 2007, and are listed in ascending order: Bidding Contractor Base Bid Amount Macerich Construction Company $525,000 PCN3, Inc. $533,000 Klassic Engineering $568,200 D. L. E. Construction LLC $593,897 Allied $614,400 Thomco Construction. $625,450 Newman Midland Corp. $748,985 Vargas Structures, Inc. $771,210 Bid amounts were verified. The reference check for Macerich Construction Company provided acceptable responses from past clients. Staff recommends award of the construction contract to Macerich Construction Company, in the amount of $525,000. With contingency and supplemental expenses, the full project cost is estimated to be $665,000. Strate is Plan Goal: C-2 Provide quality public service with the highest professional standards to meet community expectations and needs, assuring that the City is sufficiently staffed and equipped overall. Public Works Commission Action: The Public Works Commission reviewed and approved this project on June 21, 2006, with a vote of 5-0-2 (Schied and Spencer absent). Environmental Status: Not Applicable Attachment(s): -2- 11/1/2007 9:06 AM ATTACHMENT #1 MuF4--)Y No 2-r�oN � NOT TO SCALE FIRE STATIONS LOCATION MAP INITIATING DEPARTMENT: Public works SUBJECT: Award Construction Contract for Fire Stations 1, 2 & 4 CC-1287 COUNCIL MEETING DATE: November 19, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached t Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable El Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable E-)(PILANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) RCA Author: Charlonne u® eer®s Estimate: $ BLD LIST BMDER;SN .. TOTALBLD"O r 7. -- $ 8. �D $ 9. $ 10. $ 11. $ 12. $ 13. $ 14. $ 1, 2007 OCT 23 PH 2100 1., CD r-a C=) '7n Oc76--- -7- C=3 CD CL- i C--) C-7 c:n C-4 001 W'd 91130 LODZ Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed .and published on the following date(s): OCTOBER 04,2007 declare, under penalty of perjury, that the foregoing is true and correct. Executed on OCTOBER 0 4, 2 0 0 7 at Huntington Beach, California Signature SEtMA I . NOTICE NVITMIG SEALED BIDS For dw Godwrd Fire Station k I Murdy Fin Station Ho: 2 od %ph ftre SWon k 4 (ASH (ONTRACT HO.1287 In the CITY OF HUNTINGTON BEACH 'PUBLIC NOTICE:,IS HEREBY GIVEN that the `CITY OF HUNTINGTON BEACH, .as AGENCY; in- vites sealed bids for the ;above -stated project and will receive such i bids inthe officeof the I ,City Clerk, Second) Floor, 2000 Main Street, Huntington Beach, Cali - forma 92648, up to the hour, 'of, 2:00 p.m. on October 16,'2007. Bids! will be -publicly open in the Council Chambers I' unless otherwise posted.' Copies of the Plans, 1 Specifications, and con- tract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach; CA' 92648, upon payment of a $ 20.00 nonrefundable fee', if picked up, or payment of a $30.00 nonrefun- dable fee if mailed via iU:S.Postal Service, FedEx, UPS or any other ,delivery service. This is a Davis Bacon (project.and the Federal )Regulations, will be en - !forced: Any contract en- tered into pursuant to ithis notice will incorpo- rate ;the provisions 'of 'the Federal Labor Stan dards; which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach; CA 92648. The AGENCY will deduct a 10% retention from all progress payments; The° Contractor, may substi- itute an escrow, holder 'surety of equal value to the retention in accor- dance with the provi- sions of the California' Government Code, Sec- tion,4590. The Contrac- �tor shall.. be beneficial owner of the surety and shall receive any inter.-, est tftereon. The AGENCY hereby af- firmatively ensures that' minority business enter- prises will be . afforded full opportunity to sub- mit bids in response to this notice and will notli be discriminated against on the basis of race, color, national origin,, ancestry, sex, or reli- gion in any consider- ation leading to . the award of contract__ IVo bid shall be consiii= eyed 'unless ,it is pre- pared on the- approved Proposal forms in -con- formance with .the Instructions to Bidders. ;The bid must be accom pa,nied .by a certified Icheck, cashier's check, for bidder's .bond made 1 payable to the AGENCY for an amount: no less than 10% of the -amount The successful bidder shall be licensed in ac- cordance with 'provi- -sions . of the Business and Professions Code and shall possess a State' ,Contractor's Li- cense Class at the time this contract - is awarded. The successful Contractor and'his sub- contractors will be re- quired to possess busi- ness licenses from the AGENCY. An advisory pre -bid meeting ,and walk- throughof the site .will be held .on October 4, 2007 at 10:00 a.m. (meet on site), for the purpose.of reviewing bid documents, receiving bidder questions and re viewing the site. Pursuant to' the amended Public Con- tract Code Section.3400, Contractors are now re- quired,to submit all sub- stitution requests for equal materials or sys- tems prior to award of the contract during a period specified' in the bid documents. No.sub- stitution requests will be considered after award of the,contract. Project Description:; Various;tenant and ADA" improvements at -Fire I Stations 1; 2, and 4. • The project schedule) is 110 working days. - • The Engineer's es-1 imate for the work in-i icluded in the contract is! �$585,700.00. All, questions shall bel directed to" Project Architect: David R.'Bachle, AIA Firm: URS, Cash & Asso= I ciates Phone: (714)895-2072 The AGENCY reserves the right to 'reject' any or, all bids, to waive any irregularity and to, take) all' bids under advise- ment for a maximum' period of 60 days. BY"QRDER of.. the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA; the 4th day of September 2007, by RESOLUTION 2007-55. Attest - Joan L. Flynn CITY . ¢L RK OF THE CITY. DO HUNTINGTON BEACH Published Huntington Beach Independent Oc-i tober4,,2007�. 101-8871 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. fill PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): OCTOBER 04,2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on OCTOBER 0 4, 2 0 0 7 at Huntington Beach, California Signature SEn�A ^{ No bid shall be consid- NOTKEINVFFING ered unless it is pre - NOW on the approved SEAHDBEFor& Proposal forms in con formance with the Gothard FIN Station No.1 Instructions to Bidders. Mu* FlreStatlonNo. 2 The bid must be accom' panied by a ' certified check, cashier's check, M IOFjr9WonNo.4 ,or bidder's bond made -- - — --. payable to the AGENCY for an amount no less CASH CONMa NO. 1287 than 10% of the amount In the CITY OFbid. The successful bidder) HUNTINGTON BEAN shall, be licensed in 'ac- �PUBLICNOTICE IS cordance with provi- HEREBY GIVEN that the lions of the Business, 'CITY OF HUNTINGTON and Professions Code BEACH; as: AGENCY, in- and shall possess - a vites sealed bids for the State Contractor's Li - above -stated project cerise Class at the time and will receive such this, 'contract- is bids in the office of the awarded. The successful Cityt Clerk,, Second) C0ntractor'and his sub- -Floor, 2000-Main Street; , contractors will be re - Huntington' Beach, Cali- i quired to possess busi-' fornia 92648, up to the iness'licenses from the' hour of 2:00 p.m. , on I � AGENCY. , October 16, 2007. Bids IAn advisory' pre -bid Copies ll be'publicly open ink,meeting and , walke Council Chambers (through of the•site will lessotherwise posted.Iibe held on October. 4,,` of the Plans, '2007 at 10:00 a.m.; Specifications, and con- (meet on site), for thet tract documents are (purpose of reviewing bid- available from the Office 'documents, receiving, of the Director of Public ,'bidder questions and re-, Works, 2000 Main I viewing the site. Street, Huntington 'Pursuant to the Beach, CA 92648, upon (amended Public Con-i payment, of a $ 20.00 'tract Code Section 3400,; nonrefundable fee if Contractors are now re - picked up, or payment quired to submit all sub-1 of a $30.00 nonrefun- stitution requests ford dable fee if mailed via, equal materials or sys- U.S.Postal Service, tems prior. to award of FedEx, UPS or any other the contract 'during a� delivery service. period' specified in the, This is a Davis -Bacon bid documents. No sub= project and the Federal stitution requests will Regulations . will be .en- be considered after forced. Any contract en -'„award of the contract: i tered into pursuant tV� project Description:; this notice will incorpo-; (Various tenant and ADA;, rate, the provisions of improvements at Fire• the Federal Labor Stan-1 Stations 1, 2, and 4. B, Bards, which are on file ,' The project schedule at the office of the' its 110 working days. Director of Public o The Engineer's es - Works, 2000 Main) timate for the work m-. Street, Huntington eluded in the contract is; Beach, CA 92648. $585,700.00. Th'e, AGENCY will deduct j All questions shall be' a 10 % retention. from all directed to: progress payments. The Project Architect: Contractor may substi- David R. Bachle, AIA 'tute an escrow holder Firm: URS, Cash & Asso- surety of equal value to ciates . the retention - in accor- Phone: (714)895-2072' dance with the provi- The AGENCY reserves lions of the California the right to reject any Government Code, Sec- or all bids, to waive any. tion 4590. The Contrac- irregularity and to take for shall be beneficial all bids under advise - owner of the surety and ment for a maximum shall receive any inter- period of 60 days. . estthere on. BY. ORDER of the CITY The AGENCY hereby af- COUNCIL of,the CITY OF firmatively ensures that HUNTINGTON BEACH, minority. business enter- CALIFORNIA;.the' 4th day prises will be 'afforded of September 2007, by full opportunity to sub- RESOLUTION 2007-55. mit bids in, response to Attest. this notice and will not Joan L. Flynn be discriminated against CITY CLERK' OF THE on the ,basis of race„ CITY OF HUNTINGTON color; national origin, BEACH ancestry, sex; ' or' reli- Published Huntington gion in any consider +'Beach Independent Oc- ation leading to the ', tober4,•2007 ' 1017887 award of contract.._J 1-- Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF ----- --_ _ PUBLIT CATIOl\j�� (_ASH CONTRACT NO.1287 ', In.the(ITYOF The bid"must`be accorri- panied by a certified HUNTINGTON BEACH check, cashier's check, or 'smade PUBLIC NOTICE.` IS ;' payableeto thenAGENCY HEREBY' GIVEN that the ' for an amount no less STATE OF CALIFORNIA) i CITY OF HUNTINGTON I BEACH, AGENCY, in-, than d0%. of the amount bid. ,as vites sealed bids for the The successful bidder above -stated project. shall be licensed in ac' SS. and will receive such cordance with provi- COUNTY OF ORANGE ) bids in :the office of the City Clerk, Second sions of. the Business and Professions Code � Floor, 2000 Main Street, and shall, possess' a Huntington Beach,'Cali- State Contractor's Li- fornia 92648, up to -the cense-Class at the time am the Citizen of the United States and a hour of 2:00 p.m. on i October 16, 2007: Bids this. contract.. -is awarded. The successful resident of the County aforesaid; I am over will be publicly open in the Council Chambers Contractor and his sub - contractors -will be re - the age of eighteen years, and not a party unless otherwise posted. Copies the Plans, quired to possess busi- licenses from to. or interested the below entitled. matter. of Specifications, and con- ness ,the AGENCY.tract .in: documents are ; An advisory pre -bid am a principal clerk of the HUNTINGTON available from the Office of the Director Public meeting' and walk - through of -the site will BEACH INDEPENDENT, a newspaper of of Wdrks, 2000 Mainj Street, Huntington be held on October 4, 2007 at 10:00 a.m. general circulation, printed and published in Beach, CA 92648, upon; ;,(meet payment of a $ 20.00 on site), for the purpose of reviewing bid the City of Huntington Beach, County ofpicked nonrefundable fee if up, or payment documents, receiving bidder questions and re; Orange, State of California, and the I of a $30.00 nonrefun- ! dable fee if mailed via viewing the site. Pursuant to t h e attached Notice is a true and complete copy U.S.Postal Service, I FedEx, UPS or any other,, I amended Public Con - tract Code Section 3400, as was printed and published on the delivery service.Contractors (This is a. Davis -Bacon' are, now ye- quired to submit all sub- following date(s). project and the Federal 1 Regulations will be en- I stitution requests- for equal materials or' sys- forced. Any contract en -I tems prior to award of _ tered into pursuant to! the contract during a this notice will incorpo-! ( period _specified in the rate the provisions of bid documents. No sab- the Federal Labor-Stan-1 stitution requests will dards, which are on file be considered' after October 4, 2007 at the office of the ' Director of Public award of the contract. Project Description: Works; 2000 . Maim Various tenant and ADA Street, Huntington improvements at Fire' Beach, CA 92648. Stations 1; 2, and 4... The AGENCY will deduct] a The project, schedule a 10% retention from all; is 110 working days. progress, payments., The I • The Engineer's es-. Contractor may substi-I timate for the work in; tute an escrow holder, cluded in the contract is surety of equal value to, $585,700.00. the retention in accoi- f A0 questions shall be' dance with .the provi- directed to: sions of the California Project Architect: -. Government Code, Sec- David R. Bachle, AIA tion.4590. The Contrac- i Firm: URS, Cash & Asso- I declare, under penalty of perjury, that the for shall be beneficial owner of the surety, and I ciates" Phone: (714) 895-2072 foregoing is true and correct. shall receive any inter- I est'thereon. The AGENCY reserves the.right to reject.any The AGENCY hereby -at- ! or all bids, to waive any firmatively ensures that irregularity and 'to take minority. business enter- all bids• under . advise- prises will be afforded ment for a maximum. full' opportunity to, sub- period of 60 days.' Executed on October 4, 2007 mit bids in response to BY ORDER of the CITY this notice and will not COUNCIL of the CITY OF at Huntington Beach' California be discriminated against` HUNTINGTON BEACH, on the basis of race, CALIFORNIA, the 4th day color, national ,origin,' !,of September 2007, by ancestry; . sex; or reli- or RESOLUTION 2007-55.' gion in any Attest: ation leading, to the . Joan L. Flynn award of contract. : CITY CLERK OF THE -No bid shall be consid- ered unless it is pre- CITY OF HUNTINGTON BEACH SI g na#Ur pared' on the approved Published Huntington Proposal forms in con- Beach Independent Oc- forma'nce ,with the tober4,2007 101-887 :Instructions to Bidders. -- Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF PUBLICATION CASH CONTRACT NO. 1281 The bid must ue accom= In the CITY OF partied by a certified check) cashier's check, STATE OF CALIFORNIA) NTICS, PUBLIC NOTICE, IS PUBLIC or bidder's bond made Payable to the AGENCY ' HEREBY GIVEN that the for an amount no less SS. CITY OF HUNTINGTON BEACH, as AGENCY, in-. than 10% of the amount bid; ' vites sealed bids for the The successful bidder COUNTY OF ORANGE ) above -stated' project I shall be licensed - and• ,will receive such � cordance with provivi- bids in the officeof the i sions: of the Business am the Citizen of the United States and a City Clerk, Second Floor, 2000 Main Street, Huntington Beach, Cali- I and Professions Code 'and shall possess a State Contractors .Li- resident of the County aforesaid; I am over fornia 92648, up to Ahe hour of 2:00 p.m. on tense Class at the time this- contract is the age of eighteen years, and not a party October 16, 2007.` Bids will be publicly open in , ! awarded. The successful Contractor and his sub - to or interested in the below entitled matter. :the Council! Chambers ; unless otherwise posted. I contractors will be ve- quired to possess busi- am a principal clerk of the HUNTINGTON iSpecifications, Copies - of the Plans,' and con. I ness 'licenses from the AGENCY. BEACH INDEPENDENT, a newspaper of tract documents • are avaifabfe from the Office i 'An _ advisory, pre -bid meeting and walk - general circulation, printed and published in of the Director of Public Works, 2000 Main through of the site will be held on October 4, the City of Huntington Beach, County of Street, Huntington Beach; -CA 92648, upon, I 2007 at .10i00 .a.m. (meet on site), for the Orange, State of California, and the payment of a $ 20.00 nonrefundable _ fee if i purpose of reviewing bid documents, receiving attached Notice is a true and complete copy picked up, or payment of a $30.00 nonrefun- f I bidder questions and re- viewing the'site: as was printed and published on the dable fee if mailed via U.S.Postal . Service, I P u r s u ant t o t h e' amended Public Con- following date(s): FedEx, UPS or any other delivery service. tract Code Section 3400, Contractors are now re - This is a . Davis -Bacon quired to submit all sub- project add the ,Federal stitution requests for Regulations will be en- equal materials or sys- forced. Any contract en-- tems prior to award of tered into pursuant to the during a this notice will incorpo- ,contract period. specified in the October 4, 2007 rate the " provisions of, the Federal Labor Stan- l , bid documents. No sub-. stitution requests will dards, which are on file I be considered after at the office.. of the. award of the contract. Director of Public Project Description: Works, 2000 MainT Various, tenant and ADA Street, Huntington ; improvements at Fire ':Beach, CA 92648. Stations 1; 2, and 4. ;The AGENCY will deduct i o The project schedule a 10 % retention from all I is 110 working days., , . progress payments., The . The Engineer's es - Contractor may- substi- I timate for the work in- tute an escrow"., holder I cluded in the contract is surety of equal value to $585,700.00. the retention in actor- I, All questions shall be dance with the provi- directed to: declare, under penalty of perjury, that the sions_ of the California Government Code, Sec- I Project Architect: David R. Bachle, AIA tion 4590. The-Contrac- I Firm: URS, Cash & Asso- foregoing is true and correct. forshalt be beneficial i ciates owner of the surety and l Phone: (714) 895-2072 shall receive any inter- The AGENCY reserves est thereon. the right to reject' any The AGENCY hereby"af- or all bids, to waive any ensures that irregularity and to take Executed on October 4, 2��7 b minority business enter- minority all ,bids under advise - prises will be afforded l ment for a maximum at Huntington Beach, California full opportunity to ,syib- period of 60 days.- mit bids in response to I' BY *ORDER of..the CITY this notice and will not be discriminated against COUNCIL of the.CITY"OF HUNTINGTON. BEACH, on . the basis of race," CALIFORNIA, the 4th day color; national origin, or reli- I of Sepptembgr 2007, by RESOLUTION,2007'55. e � ancestry, sex, - . gion in any consider- ation. •leading to, the i Attest: Joan L, Flynn Signatur award of contract. ICITY CLERK OF THE No bid shall be consid- I CITY OF HUNTINGTON ered unless it is pre- BEACH pared on the approved I i Published'. Huntington Propo§al.forms in con- i Beach Independent Oc- formance with the tober4,2007 101-887 Instruytions to Bidders_ — --=- NOTICE INVITING SEALED BIDS For the Gothard Fire Station No. I Nlurdy Fire Station No. 2 and Ma gnoiia Fire Station No. 4 PROOF OF PUBLIC CASH CONTRACT NO. 1287 In the CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA) PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington COUNTY OF ORANGE ) Beach, California 92648, up to the hour of 2:00 p.m. on October 16, 2007. Bids will be publicly open in the. Council Chambers unless otherwise posted. i am a Citizen of the United Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, resident of the County aft CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment over the age of eighteen ye; of a $30.00 nonrefundable fee if mailed via U.S.Postal Service, FedEx, UPS or party to or interested in the any other delivery service. matter. I am a principal This is a Davis -Bacon project and the Federal Regulations will be enforced. Any HUNTINGTON BEACH iN contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public a newspaper of genera, Works, 2000 Main Street, Huntington Beach, CA 92648. printed and published in The AGENCY will deduct a 10% retention from all progress payments. The Huntington Beach, Ccunbj Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section State of Califomia, and t; 4590. The Contractor shall be beneficial owner of the surety and shall receive Notice is a true and cornp any interest thereon. was printed and publiSi. The AGENCY hereby affirmatively ensures that minority business enterprises will Huntington Beach iSSU� be afforded full opportunity to submit bids in response to this notice and will not newspaper to wit the lssue(s' be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall j be considered unless it is prepared on the approved Proposal forms in conformance with the instructions to Bidders. September 27, 2007I The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10 /o of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is'awaided. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. i declare, under penalty of I An advisory pre=bid meeting and walk-through of the site will beheld on the foregoing is true and cc October 4, 2007 at 10:00 a.m..'(meet-on site), for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site. Executed on Pursuant to the amended Public Contract Code Section 3400, Contractors are September now required to submit all substitution requests for equal materials or systems at Costa Mesa, California. prior to award of the contract during a period specified in the -bid documents. Nc substitution requests will be considered after award of the contract. Project Description: Various tenant and ADA improvements at Fire Stations 1,2 and 4. Signature • The project schedule is 110 working days. • The Engineer's estimate for the work included in the contract is $585,700.00. All questions shall be directed to: Project Architect: David R. Bachle, AIA Firm: URS, Cash & Associates Phone: (714) 895-2072 The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 4th day of September 2007, by RESOLUTION 2007-55. Attesi Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACF NOTICE INVITING SEALED BIDS For the Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No, 4 PROOF OF PUBLI CASH CONTRACT NO.1287 In the CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH,; as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington COUNTY OF ORANGE Beach, California 92648, up to the hour of 2:00 p.m. on October 16, 2007. Bids will be,publicly open in'the Council Chambers unless otherwise posted. I am a Citizen Of the Unite Copies of the Plans, Specifications, and contract documents are available from resident of the County a the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment over the age of eighteen y, of a $30.00 nonrefundable fee if mailed via U.S.Postal Service, FedEx, UPS or party to or interested in the any other delivery service. matter. I am a principal This is a Davis -Bacon project and the Federal Regulations will be enforced. Any HUNTINGTON BEACH I contract entered into pursuant to this notice will incorporate the provisions of the Federal: Labor Standards,; which are on file at the office of the Director of Public. a newspaper of genei Works, 2000 Main Street, Huntington Beach, CA 92648. printed and published il The, AGENCY, will, deduct a 10% retention from all progress payments. The Huntington Beach, COun Contractor may substitute an escrow holder surety of equal value to the retention State of California, and in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive Notice is a true and con any interest thereon. was printed and publ The AGENCY hereby affirmatively ensures that minority business enterprises will Huntington Beach iSS be afforded full opportunity to submit bids in response to this notice and will not newspaper to wit the Issue be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to;the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. September 27, 20 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10 /o of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business .and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded -The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. I declare, under penalty An advisory pre -bid meeting and walk-through of the site will be held on the foregoing is true and October 4, 2007 at 10:00 a.m. (meet on site), for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site. Pursuant to the amended Public Contract Code Section 3400, Contractors are Executed on Septembe, now required to submit all substitution requests for equal materials or systems at Costa Mesa, California prior to award of the contract during a period specified,in the bid documents. No substitution requests, will be considered after award of the contract. /J %l� Project Description: Various tenant and ADA improvements at Fire Stations 1,2, UI/C,1.G• X and 4. Signature o The project schedule is 110 working days. o The Engineer's estimate for the work included in the contract is $585,100.00. All questions shall be directed to: Project Architect: David R. Bachle,' AIA Firm: URS, Cash & Associates Phone: (714) 895-2072 The AGENCY reserves the right to reject any or all bids, to waive any, irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 4th day of September 2007, by RESOLUTION 2007=55. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH SECTION A NOTICE INVITING SEALED BIDS For the Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on October 16, 2007. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $ 20.00 nonrefundable fee if picked up, or payment of a $30.00 nonrefundable fee if mailed via U.S.Postal Service, FedEx, UPS or any other delivery service. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the.Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal'forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. An advisory pre -bid meeting and walk-through of the site will be held on October 4, 2007 at 10:00 a.m. (meet on site), for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site. Pursuant to the amended Public Contract Code Section 3400, Contractors are now required to submit all substitution requests for equal materials or systems prior to award of the contract during a period specified in the bid documents. No substitution requests will be considered after award of the contract. Project Description: Various tenant and ADA improvements at Fire Stations 1, 2, and 4. • The project schedule is 110 working days. • The Engineer's estimate for the work included in the contract is $585,700.00. All questions shall be directed to: Project Architect: David R. Bachle, AIA Firm: URS, Cash & Associates Phone: (714) 895-2072 The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 4th day of September 2007, by RESOLUTION 2007-55. Attest: Joan L. F13M CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 FO .4 0 CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 44"AttelatO LIWAWA Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1673 Date: September 24, 2007 Project/C.C. No.: C.C. No. 1287 Regarding: Various Tenant and ADA Improvements at three existing H. B. fire stations ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Invitina Sealed Bids Item # Copies Pages I Description 1 1 1 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Please find attached the Notice Inviting Sealed Bids for advertisement on 9/27/07 and 10/4/07. The bid opening is scheduled for 10/16/07. Please contact me at extension 5423 with any questions you maylhave. c: file By: Robert A. 4artinez, Project Manager GACoNsmucnoN CoNmcn (CCs)\CC1287\1mnRs of TRANSMITTAL\N1sB TRANsmrrAL To CLuLDoc Gotharqqa hl ; Magnolia Fi 4 a alai o�� -R i etia 9 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK December 28, 2007 Allied E Corp. 18001 Cowan #L Irvine, CA 92614 RE: CC-1287 — Gothard, Murdy and Magnolia Fire Station Improvements Enclosed please find your original bid bond for CC-1287. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe enclosure g:/followup/cashconUreturnbid bond. doc Sister CiP9eCu'�l8',Japan a Waitakere, New Zealand ( Telephone: 714-536-5227 ) F E ru 2007 OCT 16 PM 1* 55 BID PROPOSAL FOR: Fire Station 1,2,4 Tenant and ADA Improvements City of Huntington Beach City clerk, 2000 Main Str. Huntington Beach ,CA 92648 Bid Date: October 16,2007 2:00 Pm Allied e Corp. 18001 Cowan # L Irvine ,Ca 92614 Tel: 949-724-9281, 11110CT23 pM I SECTION C PROPOSAL for the Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT No. 1287 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature � A k AO 10, C-2 PROJECT BID SCHEDULE Gothard Fire Station No. 1 M[urdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 I TOTAL AMOUNT LUMP SUM BID IN FIGURES: _TOTAL AMOUNT LUMP SUM BID IN WORDS: �S 1 1ti..--,-J -ed tP-o-t,,5G—J GZ y7 r O c'-1 � � L ,�� I 11 . , —=xL�' .ter_ C-3 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work (0) Name of Subcontractor and Address T �- State License Number Class Cc 0 o V_ �ct c��r G ice.--b-.•HtS ' - qd 7a2- G g- J, M . Noo r-e--� 00 . l 3�Qy r e st— -(-. V✓ ,r� no..9 I �7 q A 9 r� G �i C -4-"Z ? J p 3517 �L'3�l Cori 1 T� fii l� "" t� ,.e i e� G -y Z �� i 8-Yr7 1 r" . C� ro ✓/ � C a I� f '3 14 C S By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. li Name of Vendor Address o Office and Telephone Number I Type of Material or Product and Model(s) Number(s) �' '�••p ��fpoor- sxorS'�� a r 12FSla Nw v✓ec-r S . � Graff ci $ Lf o C 7 S —' S S S � � C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITTY BID State of California ss. County of Orange Ja 61 Ttad ' being first duly sworn, deposes and says that he or she is '-Pr e > Of lliep� e C -t? the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. SUNG SOO lEE Commission 0 1701 443 Public - Californiare Orange County J%ofory yConm.OsNa►24,2010 r Subscribed and sworn to before me this NOTARY PUBLIC I ai1d�l� Name of Bidder ' Signature of Bidder i goo CawaM g1e ,L,. ONg9611-r Address of Bidder day of C3 C-`[ , 2007 NOTARY SEAL C-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as Fire Stations 1, 2 & 4, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: � O / S,g % Akk 'd e Contractor -,::/ ,,A �o�, J a lei► —lot) ' de By Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes lvNo If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: `° 1571 e) I A bled P ro Contractor lot By Title C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Mid Contractor By W Title Date: ( M La Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER certifies that the following information is true and correct: Bidder Name ,1 ll i'e d e C(52�j . Business Address goo I Co ,/oW .L,, 1 d2{/;1)P Co, q,2614 )7�24-��5� Telephone Number 6'5- / 35 6 A, F3, C 10 IC20 State Contractor's License No. and Class M 4,-Ch l l q g l Original Date Issued %1 31, e25 Expiration Date The work site was inspected by dam_ ti Azi of our office on Mll 11077 The following are persons, firms, and corporations having a principal interest in this proposal: I C-11 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ,9//1col e 4- Compare Name Signature of 56, le- A —f041-6" - Printed or Typed Si ture 1,300 1 C0 v✓a-� �� c �- '� te✓ ► YI �a 2 (- Address of Bidder �gq)7aL) -L'a8 Telephone Number Subscribed and sworn to before me this V-rq day of 0270—/WZ— , 200 NOTARY PUBLIC NOTARY SEAL w+ SUNG SOO LEE Commission # 1701243 otary Public - California Orange County W Comm. Do es Nat 24, 2010 C-12 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. 2. 3. Name and Address Name and Telephone No. of Project Manager: ( ) Contract Amount Name and Address Type of Work Name and Telephone No. of Project Manager: ( ) Contract Amount Name and Address Type of Work Name and Telephone No. of Project Manager: ( ) Contract Amount Type of Work Date Completed Date Completed Date Completed C-13 Allied e Coro. Information and references: License No.: 651356 Class: A,B ,C10, C20 Expiration Date: 7/31/2008 Architect References: Name 1- TDM Architects 2- Quatro Architects List of references Project 1 am-e offhe Owner: Address and Phone Contact Person Djahan Nabili Jesse Description of the Project: Date Of Start and Completion Contract Amount Architect: Architect address: DSA or Public Inspector Project 2: Name of -the Owner: Address and Phone: Contact Person: Description of the project: Date of Start and completion: Contract Amount: Architect: Architect Address: DSA or Public Inspector: Address and Telephone: Address Telephone Los Angeles, Ca 323-254-9200 Los Angeles, Ca 213-725-6384 Saddeleback Valley Unified School District Mission viejo, Ca. 949-580-3229 Randy Huttenberger El toro High School Boys and girls Lockers Group 5 6/10/07 till9/10/07 $739, 000.00 MPAG, Inc. Orange ,CA 714-939-1942 Reed inspection Services Long Beach Unified School district Long Beach,CA 562997-7250 James popper Prisk emenetary School Modernization project 5/15/02-4/3/03 Ontario, Ca 909-723-9541 Owner Long Beach Unified School District Project 3: Name of the Owner: Address and Phone: Description of the project: Date of Start and completion: Contract Amount: Architect: Architect Address: DSA or Public Inspector: Address and Telephone: Project 4: Name of the Owner: Address and Phone: Contact Person: Description of the project: Date of Start and completion: Contract Amount: Architect: Architect Address: DSA or Public Inspector: Address and Telephone: Project 5: Name of the Owner: Address and Phone: Contact Person: Description of the project: Date of Start and completion: Contract Amount: Architect: Architect Address: DSA or Public Inspector: Address and Telephone: Hacienda La Puente Unified School district City Of Industry,CA Mark Hansburger Los Robles Elem. School Modernization project 2/25/03-11 /15/03 Los Angeles, Ca: ! 213-725-6384 Joe Demagio Riverside, Ca 714-322-1192 Hacienda La Puente Unified School district City Of Industry,CA Mark Hansburger Los Altos High School Modernization project 2/25/03-12/15/05 R ,i asn nnn nn Quatro Architects Los Angeles, Ca: ! 213-725-6384 Joe Demagio Riverside, Ca 714-322-1192 Whittier Union High School district Whittier,CA 562-598-8121 Eileen chavez Whittier H/S science Bldg. Modernization project 5/20/02-10/15/02 $ 1,850,000.00 TDM Architects Djahan Nabili Los Angeles, Ca: ! 323-254-9200 Owner whittier Union High School District Protect 6: Name of the Owner: Address and Phone: Description of the project: Date of Start and completion: Contract Amount: Architect: Architect Address: DSA or Public Inspector: Address and Telephone: Whittier Union High School district Whittier, CA 562-598-8121 Eileen chavez Whittier H/S Library Bldg. Modernization project 8/20/02-1 /15/03 $ 1,980,000.00 TDM Architects Djahan Nabili Los Angeles, Ca: ! 323-254-9200 Owner whittier Union High School District BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: µ� "�P �� 1 Contact Person: " A 1' Contact Phone: 2'1 Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-14 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gothalyd Fife Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 October 4, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) There will be a special advisory site meeting to discuss asbestos abatement. The meeting will be held on Tuesday October 9, 2007 at the Magnolia Fire located at 21441 Magnolia Street Huntington Beach, at 11:00 am. 2) Copies of the asbestos report will be available at the meeting site. 3) Contractors who purchased plans and specifications, but did not attend this meeting can pick up a copy of the asbestos report at the Public Works counter. 4) All bidders will be required to have a certified asbestos abatement contractor remove areas where asbestos is present and identified in the report. These costs shall be included in the lump sum bid. This is to acknowledge receipt and review of Addendum Numb One fed October 4, 2007. 1p�* J: Company Name By o �� L t / ae Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 October 10, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) All bidders will be required to have a certified asbestos abatement contractor remove areas where asbestos is present and identified in the attached report which interfere with the scheduled work. These costs shall be included in the lump sum bid. 2) The bid date, October 16, 2007 at 2:00 pm will not change This is to acknowledge receipt and review of Addendum Number One, a October 10, 2007. Company Name By 0D Date Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. City of Huntington Beach Public Works Department 2000 Alain Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fare Station No. 4 CASH CONTRACT NO. 1287 October 12, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) Responses to RFI's, & questions prior to the bid. These costs shall be included in the lump sum bid. 2) The bid date, October 16, 2007 at 2:00 pm will not change Attachement 17 pages This is to acknowledge receipt and review of Addendum Number IRne, d October 12, 2007. Company N e By 1�> /2 Date Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 October 16, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special provisions; 11) The bid deadline has been extended. The bid opening date is October 23, 2007, at 2:00 pm. This is to acknowledge receipt and review of Addendum Number Four, dated Ober 16, 2007. Company Name ay IC ' 1,2 .3 Date Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOWN ALL BY THESE PRESENTS, That we, ALLIED E CORP., as Principal, and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, as Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($10%) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for FIRE STATION #1, #2, #4 IMPROVEMENT ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this 5TH day of OCTOBER, 2007. ALLIED E CORP. (Principal) By: Travelers Casualty and Surety Company of America By: DWIGHT REILLY, Attorney -in -Fact State of California County of ORANGE ss. On OCTOBER 5, 2007 , before me, SUSAN PUGH, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared DWIGHT REILLY Name(s) of Signers) n personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personal whose name(g) is/4'e subscribed to the within instrument and SUSAN PUGH acknowledged to me that he/sKo/tt*y executed Commission # 1734680 the same in hisl*r/tVir authorized Z yo Notary Public - California capacity{i ), and that by his1r*/tl`)k Orange County tvyCon,ange Count tot 1 signature{ on the instrument the person(& or the entity upon behalf of which the person(o acted, executed the instrument. WITNESS my hand and o al sea. Place Notary Seal Above SUSAN PUGH Signature of Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: OCTOBER 5, 2007 Signer(s) Other Than Named Above: E := NONE Capacity(ies) Claimed by Signer Signer's Name: DWIGHT REILLY ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General )C] Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Number of Pages: Signer Is Representing:TRAVELERS CASUALTY AND SURETY COMPANY OF 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod, No. 5907 Reorder. Call Toll -Free 1-800-87"827 RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 217005 Certificate No.®O 17 2 512 6 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Dwight Reilly, Hal Dueck, and Kathleen Maas of the City of Anaheim Hills , State of California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to -be signed and their corporate seals to be hereto affixed, this day of July 2007 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 5th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GASU.� .I $l�rij• y�cvvF\0.E 6WW.. %�,N .�N i.+ NS•+..,, tV 4/y � -`,�rl,,- y ,(nf, ,Qy�3$'(-� ,yo..� � \ _ •_SG :'pi -. Ay'••. JP� 0S Npb SL'„7YG.y �YW?."m�",.�.(J� OSo�t •� ED �f *v PA�t rOpRPOR•I1EZ iP�J RPOR n.' �'9 m J //lYI"-�`weY o � a�OAPORgT tvaz o 1977 1927 K a �; 1 :f; --- WPr+nArFOAo, t rw+rn�aAo,,� t8ss e � �'•.SEALa} Conti' o iA ..........°� bt ra�� 1 .+�"• m AtN State of Connecticut City of Hartford ss. Bv: Georg ' Thompson, U-r ice President On this the 5th day of July 2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G.Tl7� I _ In Witness Whereof, I hereunto set my hand and official seal. & h C • V � My Commission expires the 30th day of June, 2011_ PL�G {� Marie C. Tetreault, Notary Public k. 2s 58440-8-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 28, 2007 DLE Construction, Inc. 3047 Adrienne Dr. West Covina, CA 91792 RE: CC-1287 — Gothard, Murdy and Magnolia Fire Station Improvements Enclosed please find your original bid bond for CC-1287. g: /fo I lowu p/ca s h co nt/ret u rn b id bo n d. d oc ro Sister CiP1rN-e $'nlore#1, apan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) Coll, C= hi 2001 OCT 16 P i 59 Lk ioNv I w CI T Y C L FRI X CITY 61� HUNITHNIG1,31H BE*AACH SECTION C PROPOSAL for the Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASK[ CONTRACT No. 1287 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find NOR-?N,*D in the amount of $ }which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature PROJECT BID SCHEDULE Gothard Fire Station No. 1 j Murdy Fire Station No. 2 and i Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ TOTAL AMOUNT LUMP SUM BID IN WORDS: vc, Aumj,c. ,o I rhoP. C-3 V In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. , , k ` R AX 1 Rffllf , 1 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work (0) Name of Subcontractor and Address State License Number Class ne, C' ls-%O 4' �av rv��1 Gd� c12 �O �5'� to rr- ,' fz . v Gk ' 44 C.4_+ e"' �•� `-k(0 IW+�21rr� o', co-V lU,[/1�- Rio ALr�h 43 4 By submission of this proposal, the Bidder certifies: l . That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. Type of Material or Product Name of Vendor Address of Office and Telenhone Number I and Models) Number(s) C-5 NONo1COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange P/ -W1UV I I9�b0ei ng first duly sworn, deposes and says that he or she is ltt-7- of DI-V C0NcTMAQ10t+tNN party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature o idder Address of Bidder Subscribed and sworn to before me this 14oW day of 6MFK, 20 0 -7 NOTARY PUBLIC NOTARY SEAL v CHARINA C. REY Commission # 1670241 Z Notary Public - Colifomlo D ° Los Angeles County C-6 My Comm. Expires May 26, 2010 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL. CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as Fire Stations 1, 2 & 4, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: /1Z lo Z_ I-C, Contractor , LIM Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes V<O If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. MM COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: L� D Contractor B Title C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Dooz-, 4.'j/xs�G�l�-a Bidder Name Business Address (6)6) 616 — Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by L 206-7_ t/hZe),nFBRA Z-of our office on The following are persons, firms, and corporations having a principal interest in this proposal: C-11 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company e Signa ure of er Printed or Typed Signature APi2-4&�,�4F ©/Z• `� `�/j?� Address of Bidder ( G;k6 ) "-';/C) - 961�;S Telephone Number Subscribed and sworn to before me this )&-�+ day of OTC;? , 20c)7. NOTARY PUBLIC NOTARY SEAL CHARINA C. REY - Commission # 1670241 Notary Public - California Los Angeles County jr My Comm. Expires May 26, 2010 C-12 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. ���=-�-�-�.�r Etc • � �`� h�� c�cZ e �� �� R i�� Name and Address Name and Telephone No. of Project Manager: /-ki (b)6j 2-42 irk' Contract Amount Type of Work Date Completed Name and Address Name and Telephone No. of Project Manager: & 6PA Le�q !7�> — & - H (2y-e)a Contract Amount Type of Work Date Completed Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-13 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: ' 1�12ru 6,r2j G.G� Contact Person: L%/ L r�� Contact Phone: 916 —� Signed:-> �-- Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-14 KNOW BY ALL MEN THESE PRESENTS, That we, BOND NO. 20-SUR-200064 PREMIUM $ 0.00 BID DATE: 10/16/2007 IBC: '!1� I.� ��� ► 11� Danilo Estanislao dba DLE Construction (hereinafter called Principal), as Principal, and American Safety Casualty Insurance Company a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of Oklahoma (hereinafter called Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called Obligee) in the penal sum of Ten percent( 10 %) of amount bid Six hundred thirty four thousand five hundred dollars ($ 634,500.00 ) for payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Project Number Cash Contract No. 1287, Gothard Fire Station No. 1, Murdy Fire Station No. 2, & Magnolia Fire Station #4 Various tenant and ADA improvements at Fire Stations 1,2, & 4 NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so, then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not exceeding the penal sum of the bond. SIGNED, SEALED AND DATED THIS 9th DAY OF October Danilo Estanislao dba DLE Construction INCIPAL By: G°� ��z"Z—rr nce Company Attorney -in -Fact NUMBER POWER OF ATTORNEY A$B_ 20-SU)2-200064 AMFgICAN SAFETY N-SURANCE KP OW ALL hO W BY 7== iKESI POTS. tort American Safety Casualty Insurance Cortgtany has awe. constituted and appointed, and by these presents dons make constitute and appoints STEYEN R. KAY, BEGAN D. JAMES, JULlANA E. DAHLGREN OFCALA$ASAS, C:ALIFORNLd its out aw lawful aattomey-im-fact, for it and its name, place, and steed to execute on behalf of the said Company, as surety. bonds, undertalaing and contracts of suretyship to be glveu to ALLOSLIG,BBS provided that to bond or ualertaidng or contract of suretyship executed under this authority shall exceed in amount (toe sum of *** ONEMILLION FIVE HUNDRED THOUSAND *`($1,500,000.00) DOLLARS' This f uwer of Attorney is panted and is signed and sealed by facsimik trader and by the autbotity of the following Resolution adopted by the Boned of Directors of the Company an loe f?WO day of September, 2003. RESOLVED. that the President is ca►junetion with the Secretary or aay Assistant Secretary may appoint attorneys-m-fact or agents with authority as dcftned or limited in the instrument evidencing the appommient in each case, for aw4 on behalf of de Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, 1=9taaa¢ces, and suretyship obligations of all kinds; and said officers way remove nay such attoracy-im-fact or agent and revoke any power of attorney previously granted to such pusaa. RESOLVED FURTINI, that any bond, anderealdag recoptizsnce. or suretyship oblig *m shall be valid and binding upon the Company: 0) wbft sigmed by the l4ed4ent or any Vice -President and atlested and sealed (if a seal be "i►ed) by any Secretary or Assistant Secretary or (ti) when signed by the President at any Ytce-Presides[ or Secretary or Assistant Secretary, and counternped and sated (if a anal be required) by a duty aattaorized anomer in -fact or agent or (ui) when duly executed and sealed (if a seal be requited) by one or am attorney-ia-fact of agents pursuant to and within the limits of rtte authority evidenced by the power of attorney issued by the Coaapany to such person orpersons- BESOI.VED FURIUM that the signatme of any authorized officer and the seal of the Company may be affixed by facamile to any power of attorney or certification thereon atehtaving the exeattion and delivery of any bond, andertakiag, twomizance. or other suretyship obligations of the Company. and such signature and seat when so used shall have the same fora and affects as Mough manually affixed IN YYlfNFSS WHEREOF, Ameican Safety Casualty insamuce Company has causal its official seat to be hereunto affixed, and awse, presents to be signed by its Resident and adtested by its Secretary this Eighth day of September, 2D03. Agora: v. Raaddpit L. Mirtto, Secretary Stephen R. Cram. President STAYS OF GEORGIA COf)NI'Y OF COBB On this Eighth day of September, 2W3, before me personally came Stephen R. trim, to ate (mown, who, being by me duly sworn, did depose and say that he is the President of American Safety Casnahy Insurance Company. the corporation described in and which executed the above instrument; that he blows the seal of the said corporation; that the seal affixed to the said instrument is such caq mate seal; that it was so affixed by order of the Bosh of Directors of said corporation and that he signed fors name thereto by like order. y�4+,Mgy4 % �p-►Aatr -- C .Bankston, No[ary Public h ,.,M1Mt I, tbo undersigned. Secretary of American Safety Casualty losmance Company, a OWW[wmm cmporaaioa, ion HEREBY CERT Y that the foregoing and attached Power of Attorney remains in full face and has not been revoked; and ftathenaore that the Resolution of the Board of Directors, sex forth in the said Power of Attorney, is now in farce and Sealed at the City of AUaam. in the State of Georgia. ctober, 2007 ff; CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .fit .�� c�...c�>.c�<�t�a.�.�...sa..c�...a�!..�C.Tc�c.a...sa..v....w..'..+�C.���..sa:�Qr�.2.c�S.:�...z�C_c��. �a�.�•.�a._.�1...�.. �..c� ..v A✓.ai. ..�s..� �...�i..s�..s�t a. State of California County of L,3 On d 0 before me, at X? Nar personally appeared �\ -`es'7 t_- �/ - e 5 Name(s) of Signer(s) personally known to me ❑ (or proved to me on the basis of satisfactory evidence) VERONICA MORALES COMMMslaM * 1744195 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that tooCow MV &=t 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. WITNESS my hand and official seal.. Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ G Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �OF'SIGNER ��" Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: `RIGHTTHUMBPRINT, 6E1SIGNER,_ 0 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL ' fOSs ACKNOWLEDGMENT State of California County of LDS On �2 1(O7 before me, C OC' N - C am( I N _FAV-- '� 4� Dat4 Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared X2,'�"N IL.O �►i-<--1-fib Name(s) of Signer(s) ❑ personally known to me X(or proved to me on the basis of satisfactory evidence) CHARINA C. REY to be the person(4whose names i axe subscribed to the Commission # 1670241 ithin instrument and acknow edged to me that z9-MV Notary Public - California Los Angeles County yexecuted the same in heir authorized Comm. Expires May 26,2010r capacity(esrand that bye# slgnature(s3 on the instrument the person{; or the entity upon behalf of which the person syacted, executed the instrument. WITNESS my band and official seal. Place Notary Seal Above Signa�i4e f to Pu OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: RP Document Date: _ Ib/I &A7 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact ° El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing - RIGHT THUMBPRINT _OPSIGNER _1 % Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK December 28, 2007 1 Newman Midland Corp. 11140 Los Alamitos Blvd., Ste. 202 Los Alamitos, CA 90720 RE: CC-1287 — Gothard, Murdy and Magnolia Fire Station Improvements Enclosed please find your original bid bond for CC-1287. Sincerely, Joan L. Flynn, CIVIC City Clerk JF: pe Enclosure g:/foiiowup/cas hco nt/return bidbond.doc Sister CiPe°s`:!Xunr jo Japan ® Waitakere, New Zealand ( Telephone: 714-536-5227 ) 77 2007 OICT 23 PH 1: 52 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 W � � W - �- ��� Wo For Gothard Fire Station No. 1 Murdy Fire Station No. 2 .• Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 October 4, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) There will be a special advisory site meeting to discuss asbestos abatement. The meeting will be held on Tuesday October 9, 2007 at the Magnolia Fire located at 21441 Magnolia Street Huntington Beach, at 11:00 am. 2) Copies of the asbestos report will be available at the meeting site. 3) Contractors who purchased plans and specifications, but did not attend this meeting can pick up a copy of the asbestos report at the Public Works counter. 4) All bidders will be required to have a certified asbestos abatement contractor remove areas where asbestos is present and identified in the report. These costs shall be included in the lump sum bid. This is to acknowledge receipt and review of Addendum Number One, dated October 4, 2007. Company Name r()/( S/o-7 Date ��..a.w. VO.,VICs By Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 October 10, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) All bidders will be required to have a certified asbestos abatement contractor remove areas where asbestos is present and identified in the attached report which interfere with the scheduled work. These costs shall be included in the lump sum bid. 2) The bid date, October 16, 2007 at 2:00 pm will not change This is to acknowledge receipt and review of Addendum Number One, dated October 10, 2007. company Name Date By Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 October 12, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) Responses to RFI's, & questions prior to the bid. These costs shall be included in the lump sum bid. 2) The bid date, October 16, 2007 at 2:00 pm will not change Attachement 17 pages This is to acknowledge receipt and review of Addendum Number One, dated October 12, 2007. Nftd (aaj (Oro Company Name i(D/ )S,/0-7 Date By Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gothard Fire Station No. "I Murdy Fire Station No. 2 .a$ Magnolia Fire Station No. 4 CASH CONTRACT NO, 1287 October 16, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) The bid deadline has been extended. The bid opening date is October 23, 2007, at 2:00 pm. This is to acknowledge receipt and review of Addendum Number Four, dated October 16, 2007. N6WM6"J MIa01�'b Company Name 1011 L J0--� Date By Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal, Should YOU have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. SECTION C PROPOSAL for the Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT No. 1287 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ (d Lv which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature �01 tslo� (p C-2 PROJECT BID SCHEDULE Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 TOTAL AMOUNT LUMP SUM BID IN FIGURES: TOTAL AMOUNT LUMP SUM BID IN WORDS: Sc� n1 N�t��Rtja ro�Ty e(GN i TttouSA!N�b f�iN v cl �,) If- L,I otry C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work (YO) Name of Subcontractor and Address State License Number, Class ZV 4Iftu 'c 9yo l cef'7m ..- Tft I N f i-' 3 061VA- _Pff4 - Ta, S I �1 h4 Aga t G C6q-F_i Tv S f -? * 3l _- 1'y ill ��TLG2 cc 7�. c t� r Tfi� i 1? 0 -7q 7 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. Name of Vendor Address of O ace and Telephone Number Type of Material or Product and Models) Numbers) I (y1 S 7- 40 E . Wii iTE S I tX AEG NA li`t 237-[j2 C0N5-(i2u&-nos mA-r 5u)'? _s�nE� wN� E� {� z,T s� 5&J 6 AMA 6���12s`6-33� COO--)pt.I MAIL HMO % Wiu— AMS '�52 BoLD40- Avc o riCG- �318� 737 - 32ry'S LJA�I �t�Z re&VSo/ 2lSa 5e.rZ1170 !4L' AUI. Pao,jA 600 8 - Is 'if vMj3aj ,r0 C-5 NONCOL LUSION AF'F'IDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of Orange of ss. being first duly sworn, deposes and says that he or she is the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the,proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. N&R� i t a (VS Car Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC NOTARY SEAL C-6 CALIFORNIA JURAT WITH AFFIANIT STATEMENT State of California County of 0 F, A ss. See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) / Signature of Document Signer No. 1 77 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 1� _— day of OC-TO"FE "I� ?,C0-7 , by Date Month Year Name of Signer X Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) ❑ Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Place Notary Seal Above OPTIONAL — Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Date: Signer(s) Other Than Named Above: Number of Pages: Signature of Notary Public o Top of thumb here Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O Box 2402 • Chatsworth, CA 91313-2402 • www, NationalNotary.org Item #5910 Reorder Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as Fire Stations 1, 2 & 4, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: CUOR . Contractor By C - Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes '�No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: t ©it6 (i�j Vuvvm 16(lafj. (CXP Contractor By P�� 7 Title C-9 F1,19BIMM-IM-9T�� I: Vs ��]►1 BIDDER certifies that the following information is true and correct: I Ukm nyyhlo&Lp- Bidder Name Business Address Lo,� -k����n S, (A SG\&, ) `1 q - )Mw� Telephone Number 15--i-isS 1 State Contractor's License No. and Class i/ �C q9 Original Date Issued If' CVO Expiration Date The work site was inspected by . 20 of our office on The following are persons, firms, and corporations having a principal interest in this proposal: Mom k�ctsci C-11 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. �) �'�n �A(alu�� C« Company Name Signatu e of Bidder Printed or Typed Signature W4C) In AkernI1, (j qo -74-0 Address of Bidder ) -V9-A�q-� Telephone Number Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC NOTARYSEAL C-12 CALIFORNIA JURAT WITH AFFIANT STATEMENT State of California County of ORANGE ss. ,See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) /___S_,_gnat.ref Document Signer No. 1 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this T 1-t 1 day of QCTo ZC R , WO , by Date Month Year (1) AIAM tQ ASM Name of Signer Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person who appeared before me (and (2) Name of Signer ❑ Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person who appeared before me.) y Signat re of Notary Public Place Notary Seal Above OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Further Description of Any Attached Document Title or Type of Docu Document Date: Signer(s) Other Than Named Above: Number of Pages: RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER #1 OF SIGNER #2 ... . ..... thumb .here ©2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www NahonalNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. QRAJGE Caini /2� l) IISZ. 6 F�,)yT SI �O6 1 S 6AIIA A/J/1 Name and Address Name and Telephone No. of Project Manager: 'bOUG Cif LTNCZ (1)4) S67 -`S° I /�-Vrtc VELA oFr)ce )0 -, Contract Amount Type of Work BLU Date Completed 2. COJWA VA"� USb G VbL-CO S"i Cov IN A Name and Address Name and Telephone No. of Project Manager: Tub's mIU-C-iL ( 6ZL) q-7q,7000 X 2.IZ(- 2f-Ig3It}23 CL-A5SV-'OIv\ $Wb MnbEM!Z }TIvtI) 2-%2&%0b Contract Amount Type of Work Date Completed 3. 6NAOiIM UAJIO�1 HI4H SuWo(- hSlMCT Sot )J cksce-Nf wA' 4/4 ff e Name and Address Name and Telephone No. of Project Manager: $ I,4S(-, 623 GIM r-Acrt4TrF-S M6-PEJzVi�1--)v1J 31) f o6 Contract Amount Type of Work Date Completed C-13 r BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): ie WE ko_�r_ Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: �ewvyu w KAW C, Contact Person: kli�sPIV\ a'pV50y'% Contact Phone: ( S6-4 ZJq �_7 Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-14 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the neeessarybonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find `�e in the amount of $ 61- 5(2- which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda Mo. Received Bidder's Signature # ( 10- `I —2007 # 2 10 - 2-007 �.-- # -3 L! I I - C-2 PROJECT BID SCHEDULE Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ -771" -.X 10 TOTAL AMOUNT LUMP SUM BID IN WORDS, rtlr�Jt✓v��% C-3 LISP' OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of [Vork (YO) Name of Subeontractor and Address State License Number Class 48 A.Sr-• `fie vri: z�1/1 /ilis, C o @Iieiw GH �R vdh� Gf F'7S qd —DS l ck '6"J iVC By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. Name of Vendor Address of Office and Telephone Number Type of Material or Product and Model(s) Numher(s) Cal,ttorwtot doors S(D CorwaAo St II) PGa-Pa Long Be. a, , CA q (2) PGb- MC, (Z) PaGket 'PrawLe& dv dh? x: 41(irl, Jowl I I C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED BMITTED WITH BID State of California �1'05 ss. County of G##4w �O5 i/U�� S being first duly sworn, deposes and says that he or she is gsdojl:�-- ofhe party making the foregoing bid that the bid is not made in the interest of, or the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the b id price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are tree; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or shale bid. V0rolols Structu.reS ( VIC Name of Bidder J12aa, e, igna re of Bid er 123 t S Iioemaker Ave. uUhitf her , CA Address of Bidder Subscribed and sworn to before me this 5 day of _ ,)crtgz�-e , 20 C)`�4- NOTARYPUB YADIRA MARGARtiA SALGUERO Commission # 1644719 Notary Public - California C_6 Los Angeles County amyComm. Expires Feb 11, 2010 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as Fire Stations 1, 2 & 4, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission, orders, and State of California Cal -OSHA requirements. `The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: �U/h)h7 --_ `larolas Structures I"c Contractor a �i►� tour i p �ril r�q s / ��es c c� ev��' Title G7 DISQEALIFICA'T'ION QUESTIONNAIRE h1 accordance with Government Code Section 14310,5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes WNo If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-8 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: /Dj",50 Vctr okw S� ru c.-tures I vic Contractor JA )6� Pft5'1 � C Of Title M UNDERGROUND SERVICE ALERT IDENTIF,ICA"TION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Governinent Code requires a Dig Alert Identification Numberbe issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a 2ninimuzn of two working days before scheduled excavation. Dig Alert Identification Number: ` arg,s Isiru ctwes VIC . Contractor Y AinIovtto V ar0s Title Date: I / 1�� Note; This fonn is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: �ar cis �fr�,ctureS � v►c. Bidder Name 18 Slhoev"Cticer Ave Business Address VV Nuttier , CA 90605 (- �62 ) 146 - 03 45 Telephone Number (o 8 2 R ro 7 C I State Contractor's License No. and Class 4; ,gig- ) �'y�3 Original Date Issued 7-31-ZDO5 Expiration Date 0The vork s'te w inspected by AM �(�1 �� of our office on 0 IO 20__P7. The following are persons, firms, and corporations having a principal interest in this proposal: C-11 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, fznaricially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Va rei as Compan acne 5irucluces i me Signature of Bidder A vt to vt i v l%CWx c s/ �r,e s t d e vifi Printed or Typed Signature I23 15 SkOemcxker Ave , l,t', hIlfjer CA gO605 Address of Bidder � 5(v2 ) 4'-( 6 - 0 37 S Telephone Number 5' Q : CS 4 C!? t-i -';:� �fL 13 i "' ) S S Subscribed and sworn to before me this k S-A, day of 'e , 20 O 4- . NOTARYPUB YADIRA MARGARITA SALGUERO Commission # 16d4719 emy Notary Public - California Los Angeles County Comm. Expires Feb 11, 2010 C-12 Listed below are the names, address and telephone numbers for three Public agencies for whicli the bidder has performed similar work within the past five years: OTV Of VIC.TOR.VtLLE, , L-(GfLARY j 150(( CIRCLE; D2. VILTOMVILLS CA 92392, Name and Address Celesfe. Name awed Telephone No. of Project Manager: Catdero►', (760) 312..000 l,.JSftAfLY 2681-40DEL q-30-ZOo� Contract Amount Type of Work Date Completed LIT%( Or- se,N x/#'O—lNa 2, _ rI,AR.+tea cp, `i((oS Name and Address Jess tCol Name and Telephone No. of Project Manager: q2 - 000 , c-t6AAR.Y RBNNAT(ON y. 3 0 - 7,00-7 Contract Amount Type of Work Date Completed SILVS2ADO KODac."'A r"'""TiON A'" P-A2KS aisTMIC. Z?33 ( w(on,?BSKA CAAaYaA,) RD., mow&SKA CA 12674 Name and Address Pkil Name and Telephone No. of Project Manager: McVU JG'I►,�s(�y 17 If . <( 00 . Bu%t otA;c, A ,,2c`5rV(LA -tOAJ Contract Amount Type of Work C-13 y63-y592. )2. - ( - Z006 Date Completed BIDDER'S CERTIFICATION', HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, udder penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selec(iorts): Will ensure that 10% of alI new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1969; or Will hire no new employees in conjunction with this project. ✓ Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: varc(as sf rucluteS (Vic — Contact Person: AIntoyiio Vo(r'gols Contact Phone: Signed: Date: J(-)) , j D -] `Note: The above certification is required by the Department of Housing and Urban (.)evelopment (24 CFR 135 and Subtitle A el a[) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-14 Owners°s Name and Address Contract Date Phone Address Amount Completed Fax City of Upland $ 89,000.00 11/1/2005 1370 N. Benson Ave. Upland, CA 91786 Phone (909) 931-4268 Susan Jennings Fax (909) 931-4274 Pomona USD $ 28,600.00 11/7/2005 800 S. Garey Ave Pomona, CA 91765 Phone (909) 397-4800 Darryl Odum Fax (909) 397-4744 Desert Aids Project / City of Palm Springs $ 68,200.00 7/15/2006 1695 N. Sunrise Way Palm Springs, CA 92263 Phone (760) 323-2118 Alexandra Christensen Fax (760) 323-9865 YMCA of The Desert / Cuty of Palm Springs $ 54,400.00 8/1/2006 3601 E. Mesquite Ave. Palm Springs, CA 92264 Phone (760) 320-6430 Alison Elsner Fax (760) 416-1789 Silverado Modjeska & Parks District $ 179,400.00 12/1/2006 27641 Silverado Canyon Rd. Silverado, CA 92676 Phone (714) 710-9291 Phil McWilliams Fax (714) 710-9291 Plascerita Canyon Park / County of L A $ 25,000.00 11/21/2006 19152 Plascerita Canyon Rd. Nehall, CA 91321 Phone (626) 926-4442 Asuka Edum Fax (626) 333-5129 City of San Marino Library Renovation $ 92,877.00 3/31/2007 1890 Huntington Dr. San Marino, CA. 91108-2542 Phone (626) 300-5419 Jessica Keating Fax (626) 943-9305 City of Victorville Library Remodel $ 392,000.00 8/31/2007 15011 Circle Dr. Victorville, CA. 92392 Phone (760) 955-5082 Celeste Calderon Fax (760) 269-0045 City of Huntington Reach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gothard Fire Station No. 1 M>`urdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO.1287 October 4, 2007 Notice to All Bidders, Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) There will be a special advisory site meeting to discuss asbestos abatement. The meeting will be held on Tuesday October 9, 2007 at the Magnolia Fire located at 21441 Magnolia Street Huntington Beach, at 11:00 am. 2) Copies of the asbestos report will be available at the meeting site. 3) Contractors who purchased plans and specifications, but did not attend this meeting can pick up a copy of the asbestos report at the Public Works counter, 4) All bidders w➢tl be required to have a certified asbestos abatement contractor remove areas where asbestos is present and identified in the report. These costs shall be included In the tamp sum_bid. This is to acknowledge receipt and review of Addendum Number One, dated October 4, 2007, VCW aS �)tfLAC-1UT-es 11 c_ Compa Name oci Y Z.00) Date 2 Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal_ Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Cothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 October 10, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) All bidders will be required to have a certified asbestos abatement contractor remove areas where asbestos is present and identified in the attached report which interfere with the scheduled work. These costs shall be included in the lump sum bid. 2) The bid date, October 16, 2007 at 2:00 pm will not change This is to acknowledge receipt and review of Addendum Number One, dated October 10, 2007. VOW C`C1S fu,CAUYeS � viC. Company Name C)CT- 1 D - 2007 Date 2 �Ao_ - (Sk - Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gothard Fore Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 October 12, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) Responses to RFI's, & questions prior to the bid. These costs shall be included in the lump sum bid. 2) The bid date, October 16, 2007 at 2:00 prn will not change Attachement 17 pages This is to acknowledge receipt and review of Addendum Number One, dated October 12, 2007. Var as Styuctu'r�es Compan ame I c) 2. 0 0 ? Date m Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 October 16, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions, 1) The bid deadline has been extended. The bid opening date is October 23, 2007, at 2:00 prn. This is to acknowledge receipt and review of Addendum Number Four, dated October 16, 2007, VCt it `, Cl cj lit A JIL - e- S 1 11/7L Company me By Date Reminder. All bidders must acknowledge the receipt of this Addendum 0h your bid proposal. Should you have any questions regarding this Addendum, please call RobW Martinez at (714) 536-5423- 0 AFFIDAVIT OF INDIVIDUAL SURETY OMB No.: 9000-0001 (See instructions on reverse) ruo1w reportuiq ournren for this collection of nfomlation is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing dat_t sources, 4a7heimg and maintaining the data needed, and completing and reviewing the collection of information Send comments regarding this burden esmnate or any other aspoct of th's collection of information, rncluding suggestions for reducing this burden, to the Regulatory Secretariat (MVA), Office of Acquisition Policy, GSA ;^lashmtTton. DC 20405 STATE OF California SS. COUNTY of � San Bernardino BID BOND # VSS-1015-BB I, the undersigned, being duly sworn, depose and say that I am: 11) the surety to the attached bond(s); (2) a citizen of the United States; and of full age and legally competent. I also depose and say that, concerning any stocks or bonds included in the assets listed below, that there are no restrictions on the resale of these securities pursuant to the registration provisions of Section 5 of the Securities Act of 1933, 1 recognize that statements contained herein concern a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious or fraudulent statement may render the maker subject to prosecution under Title 13, United States Code Sections 1001 and 494. This affidavit is made to induce the United States of America to accept me as surety on the attached bond. t NA!v1E 'First, Vltddle, Last) (Type of Print) 2 HOME ADDRESS Wumber, Street, City, State, ZIP Code) 1615 Rocker Bluff Road Douglas P. Hilliard Needles, California 92363 3 TYPE AND DURATION OF OCCUPATION Semi -- Retired 5 NANIE AND ADDRESS OF INDIVIDUAL SURETY BROKER USED elf anyl Nlanbcr, Street, Ctry, State, ZIP Codel 4 NAME AND ADDRESS OF EMPLOYER (If Self employed, so Stare, Self Employed 6 TELEPHONE NUMBER HOME - (904) 545-1661 N/A BUSINESS - (760) 326-0180 OLI_CVJING IS A TRUE REPRESENTATION OF THE ASSETS I HAVE PLEDGED TO THE UNITED STATES IN SUPPORT OF THE ATTACHED BONE, 'Include a legal descnpt,on, street address and orher identifying descnpbon, the marl<et va/ue, attach suppott ng cerrihea documents Len, evidence of nt/e and the current tax assessment of the property. For markl vai(.e approach, also provide a cU; renl apt), sd, N/A *s other tr'an real esiate .oescrtbe ire assets, the details of the escrow account, and arrach e�,toence tneieofi 3 iCEN i 'r ALL MORTGAC�.ES, LIENS JUDGEMENTS OR ANY OTHER ENCUMBRANCES INVOLVING SUBJECT ASSETS INCLUDING REAL ESTATE TAf FS '- 'Ai ABLE 11 W JFNTiF Au. ^uONDS, INCLUDING BID GUARANTEES, FOR VdHICH THE SUBJECT ASSETS HAVE BEEN PLEDGED WITHIN 3 YEARS 'RIOR TO TFE DATE OF _Xt Cu I ON JF THIS AFFIDAVIT" DOCUMENTATION OF THE PLEDGED ASSET MUST BE ATTACHED. SIGNnTOFF 11 BOND AND CONTRACT TO WHICH THIS AFFIDAVIT RELATES (Alheie ,� apptopnatel Bond # VSS-1015-BB CITY OF HUNTINGTON BEACH - ADA !!! IMPROVEMENTS AND FIRE ALARM INSTALLATION TO VARIOUS Pe o Guarantor - Douglas P. Hilliard FIRE STATIONS 12. SUBSCRIBED AND SWORN TO BEFORE ME AS FOLLOWS: a DATE OATH ADMINISTERED V,)N7,i ------DAY YEAR 10 15 2007 N TP.IE AND ' i FLE OF OFFICIAL ADMINISTERING OATH Id Carol Pierce - Notary Public A,,;lHotrIZED FOR LOCAL REPRODUCTION ..""usis 'lot usable CITY AND STATE ;Di ,ether io cUoni Bullhead Cyfy, Arizona e MY" COMIY91SSi0N EXPIRES April 19th, 2011 Official Sear STANDARD FORM 28 i! Ev a-2�o3 Pi,.raibediivGSA 'AP ,za INSTRUCTIONS 1. Individual sureties on bonds executed in connection with Government contracts must complete and submit this form with the bond. (See 48 CFR 28.203, 53.228(e).) The surety must have the completed form notarized. 2. No corporation, partnership, or other unincorporated association or firm, as such, is acceptable as an individual surety. Likewise, members of a partnership are not acceptable as sureties on bonds that a partnership or an association, or any co-partner or member thereof, is the principal obligor. However, stockholders of corporate principals are acceptable provided (a) their qualifications are independent of their stockholdings or financial interest therein, and (b) that the fact is expressed in the affidavit of justification. An individual surety will not include any financial interest in assets connected with the principal on the bond that this affidavit supports. 3. United States citizenship is a requirement for individual sureties for contracts and bonds when the contract is awarded in the United States. However, when the Contracting Officer is located in an outlying area or a foreign country, the individual surety is only required to be a permanent resident of the area or country in which the contracting officer is located. 4. All signatures of the affidavit submitted must be originals. Affidavits bearing reproduced signatures are not acceptable. An authorized person must sign the bond. Any person signing in a representative capacity (e.g., an attorney -in -fact) must furnish evidence of authority if that representative is not a member of a firm, partnership, or joint venture, or an officer of the corporation involved. CONDITIONS ON THE BOND: Consent of Guarantee is needed for release of final payment and retainage. Funds Control has been agreed to by all parties to this Guarantee and all draw checks should be forwarded to: Funds Management Services, LLC./(FMS) to 2929 Coors Blvd, N w., #310-N, Albuquerque, NM 87120 "'This Guarantee is issued in an attempt to comply with the Circular 570 Certitied persons, individual suretvl Pursuant to 4t$ cf K 7-part-zts All inquires or claims should be sent to: Contract Compliance 5300 Sequoia N.W., Suite #104, ALB, New Mexico 87120 Phone # 505-831-0266/Fax # 505-831-0280 This is a Guarantee it is not an insurance nroduct or nolicv Seek qualified and licensed insurance companies for all W/C and. G/L. By accepting this Guarantee, the owner is excercising their home rifle right to accept a 'Personal Guarantee" on Federal Form SF(28). This Guarantee has been issued in an attempt to comply with Federal and State Statutes and should therefore be deemed as in compliance. If this Guarantee is considered as non -compliant of The States Department of Insurance statutes, please consider it as null and void By accepting and utilizing this Guarantee, the holder (i.e., contractor or obligee) consents to the jurisdicition for any claims or other matters arising against The Guarantor/Contract Compliance to be settled in the jurisdiciton of the Contract Compliance Manager, Bemalillo Co., N.M. The owner reserves the right to reject and/or waive any and all defects and informalities in the submission of any Guarantee. This Guarantee is intended to protect the Government of the United States of America. State or local municipalities receiving Federal Aid may also accept the financial protection afforded by this Guarantee, beyond the federal project amount by accepting the Guarantee in toto as prescribed. If this Guarantee is accepted for the Federal entitlement part only, then the obligee must provide both a notice and waiver for that portion which is funded by the state or local municipality. State, City or private projects may also take advantage of the protection by accepting the Guarantee under the terms & conditions it is written. STANDARD FORM 28 (REV 6,2003) BACK BID BOND # VSS-1015-BB uv i t n�tvu tow to iiwusi uui ue rd<ei ureic u u BID BOND opening date) 1 OMB NO.: 9000-0045 (See instruction on reverse/ October 15th, 2007 i searchrn existing data r including line for reviewing instructions, Public reporting burden for this collection of information is estimated to average 25 minutes per response, ncl ding the t gy .i sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, indttdiny suggestions for reducing this burden, to the FAR Secretariat (MVR), Federal Acquisition Policy Division, GSA Washington, DC 20405, name Vargas Structures, Inc. 12318 Shoemaker Ave. Whittier, California 90605 Fax# (562) 946-0385, Ph# (562) 946-0395 SURETYNES) (Name and bus;nessaddress) Personal Guarantor / Douglas P. Hilliard 1615 Rocker Bluff Road Needles, California 92363 Fax# (760) 326-0182, Ph# (760) 326-0180 ru'`�C191 1 AMOUNT NOT TO EXCEED �F BID PRICE iINIILLIONISi, ITHOUSAND(S) IHUNDRI ) DATE INVITATION NO. October 16th, 2007 INDIVIDUAL ❑ PARTNERSHIP JOINT VENTURE ® CORPORATION California rq FOR (CO/7Strucf1on, ADA IMPROVEMENTS AND FIRE ALARM 10% --®®®---'[ ---- ®11---- �_-121----1®®— SupplieS,INSTALLATION TO VARIOUS FIRE STATIONS �aFtcA rr-� (CITY OF HUNTINGTON BEACH) We, the Principal and Surety(ies) are firmly bound to the United States of America (hereinafter called the Government) in the above penal sum. Por payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the Sureties are corporations acting as co -sureties, vve, the Sureties, bind ourselves in such sum "jointly and severally" as vvell as "severally" only for U purpose of allowing a joint action or actions against any or all of us. For all other purposes. each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of the Surety. if no limit of liability is indicated, the limit of liability is the full amount of the penal sum. CONDITIONS See Back of SF(28) The Principal has submitted the bid identified above. THEREFORE: The above obligation is void if the Principal - (al upon acceptance by the Government of the bid identified above, • vithin the period specified therein toi acceptance isixty ;60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted v✓ithin the time specified !ten t10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of fad ire to execute such further contractual documents and give such bonds, pays the Government for any cost of procuring the v✓ork which exceeds the amount of the 'bid. Each Surety executing this instrument agrees that its obligation is not impaired by any extensionis) of the to-ne for acceptance of the bid that the Principal may grant to the Government. Notice to the surety(ies) of extensionis) are waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid, \.VITNESS. The Principal and Surety(ies) executed this bid bond and of e theirs Is on the above date. 1 SIVNA" URFiS, TITL7,5; S16NATUdt,Sl Tony Vyargas President PRINCIPAL 3. Sea;! (Seal) "A"' Per oval Guarantor - Douglas P. Hilliard 2. 2. (Seal Corporate Seal CORPORATE SURETY_(IES) V.a„E STATE OF INC 'LIASILITY LIMIT Q2. ,il]lJrIESS �- i- 'CIGr,n1uRE.S Corporate cc � , I �, Sear is, i2. rITLE,I, rTy;)edl j AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 24 (REV 10-981 I'rc� ::ns adiut s „able Prescr,bod h, GSA - FAR i18 CFR) 53.228{ai j NAME & ISTATE OF INC. ILIABILITY LIMIT !S) m ADDRESS Y � Corp aratL' I IL F- !SIGNATURE(SI � Sea! cri NAME(S) & 1. 2. TITLES) (Typed) NAME & !STATE OF INC. LIABILITY LIMIT (S) UI ADDRESS �SIGNATi cc I Corporate Seal U NAME{S) & — TITLE(S) (Typed) I NAME & STATE OF INC. !LIABILITY LIMIT (SI or !z--. YA--DDRESS Corporate SIGNATURE(S}y u Seal NaM s) & ti.— - --- 2 --- y N TITLEIS) (Typed) NAME & STATE OF INC LIABILITY LIMIT (S) w ADDRESS - -- �, �2. Corporate SIGNATURES) l cc Seal _ NAME(S) & 11. ;2. in TITLE(S) (Typed) --- - NAME & iSTATE OF INC. ;LIABILITY LIMIT i$) LL ADDRESS z � j Corporate r SIGNATUREIS) ry Sea! :D I NAME(S) & 1. 2 TITLEIS) !Typed) !STATE OF I�%C. ,LIABILITY LIMIT !S) NAME & ADDRESS Y z. 1 Corporate !SIGNATURE(S)� Uj Sea) �NAME(S) & - rn l TITLE(S) 1 ITyped) �, INSTRUCTIONS 1. This form is authorized for use when a bio guaranty is required Any deviation fm--�i this term will require the written approval of the .administrator of General Services. 2 Insert the full legal name and business address of the Principal in the space designated "Principal" on the face of the form An authorized person shall sign the bond. Any person signing in a representative capacity (e.g , an attorney -in -fact) must furnish evidence of authority if that representative is not a member of the firm. partnership, or )oint venture, or an officer of the corporation involved. 3. The bond may express penal sum as a percentage of the bid price. In these cases, the bond may state a maximum dollar limitation (e_g . e g., 20% of the bid once but the amount not to exceed ($71+121AU----- MoilarS)Seventy One Thousand One Hundred Twenty One Dollars And 00/100 ---- Cents. 4. (a; Corporations executing the bond as sureties must appear on the Department of trie Treasury's list of approved sureties and must act within the limitation listed therein where more than one corporate surety is involved, their names and addresses shall appear in the spaces (Surety A, Surety B, etc.) headed "CORPORATE SURETY(IES) " In the space designed "SURETY(IES)" on the face of the form, insert only the letter identification of the sureties (b) Where individual sureties are involved, a completed Affidavit of Individual surety (Standard Form 28), for each individual surety, shall accompany the bond. The Government may require the surety to furnish additional substantiating Information concerning its financial capability. 5 Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word "Corporate Seal', and shall affix an adhesive seal if executed in Marne, New Hampshire. or any other jurisdiction requiring adhesive seals Type the name and title of each person signing this bond in the space provided In its application to negotiated contracts, the terms "bid" and'bidder" snail include "pruI)Osai' and "offeror." STANDARD FORM 24 Rr.' 10-98i BACK HEW Fondren International Inc. -110 18627 Brookhurst Street, Suite 358 Fountain Valley, California 92708 USA Tel: (714) 906-0505 Fax: (714) 242-0700 Email: corporate@fondreninc.com Website: www.fondreninc.com INSTITU77ONAL ESCROW RECEIPT BOOK ENTRY FORM $5, 000, 000.00 USD It is hereby understood and agreed the Fondren International, Inc. (hereinafter referred to as "GUARANTOR") is issuing and Aggregate of Five Million Dollars ($5,000,000.00—USD) in the form of this Institutional Escrow Receipt # 07-0717-DHBB (hereinafter referred to as "Escrow Receipt") to support the Personal Guarantee. The "Escrow Receipt" is facilitated by GUARANTOR, and may not exceed the aggregate of Five Million Dollars ---- USD. The usage of this financial enhancement instrument is limited to Bid Guarantees, as separate individual escrow receipts, I.L.O.C.'s, Certificates of Deposit, or other cash equivalent will be facilitated for any and all Payment and Performance Guarantees. GUARANTOR, by and with these presents, irrevocable and unconditionally, jointly and severally on and in behalf of all heirs, executors and assigns, covenants and agrees that, upon default by the principal, to guarantee all of the obligations of the Personal Guarantees issued pursuant to aggregate exposed risk (uncompleted work) referenced above. All losses are due to offset and recovery made and certified by the Contract Compliance Officer. GUARANTOR will have fifteen (15) days to pay any claims made on behalf of principal. GUARANTOR may cancel the "Escrow Receipt" at any time. If cancelled by either party, the letter will remain in effect until all issued Personal Guarantees under this authorization are exonerated. Signed thi 17" day of JulVy 2007 A Is by. 011 0 0' SEAL Mr. Carter Green, President ' This Escrow Receipt # 07-0717-DHBB is considered to be null and void unless attached to "Personal Guarantee" # VSS-1015-BB T STATE OF California ) COUNTY OF San Bernardino ) KNOW ALL MEN BY THESE PRESENTS, that 1, Douglas P. Hilliard a Personal Guarantor, is the attorney in fact and shall have all lawfully permissible authority in signing all documents as Personal Guarantor - Douglas P. Hilliard relating to any Bid, Payment and/or Performance Bonds issued as Prescribed by GSA -FAR (48 CFR) 53.228(a) IN WITNESS WHEREOF, I hereunto signed my name this 15th, Day of October, 2007 X /_ P ILI /Itit - Dou a . Hilliard -Personal Guarantor STATE OF Arizona ) COUNTY OF Mohave ) Before me, a notary public, on this day personally appeared Douglas P. Hilliard, known to me to be the person whose name is subscribed to the foregoing instrument and acknow).�dged to me that he executed the same for the purposes and consideration therein Carol Pierce State of Arizona My Commission expires on April 19t11, 2011 Seal Standard Power of Attorney Revised 11-2004 City ®f Huntington Beach 2000 Main Street a Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 28, 2007 PCN3, Inc. 6285 E. Spring St. Long Beach, CA 90808 RE: CC-1287 — Gothard, Murdy and Magnolia Fire Station Improvements Enclosed please find your original bid bond for CC-1287. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g: /followup/cashcont/returnbidbo nd _doc Sister CiPire°sc":1nr jo Japan . Waitakere, New Zealand (Telephone: 714-536-5227 ) NAT101 AL S FIRST NATIONAL INSURANCE CO. OF AM ERICA 4333 Brooklyn Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS, That we, NEWMAN MIDLAND CONSTRUCTION CORP. of 11140 LOS ALAMITOS #202, LOS ALAMITOS, CA 90720 (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 10% OF BID AMT. ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for HUNTINGTON BEACH FIRE STATIONS NO. 1, NO. 2, & NO. 4 NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this llth day of OCTOBER 20.0 7 NE MAN MIDLAND CONSTRUCTION CORP. (Seal) Principal C��Q - V_ AtPA5(L- , � Title �'/1,cScf�� FIRST NATIONAL INSURANCE COMPANY OF AMERICA B /fj`/ f�—°✓— — SHAWN BLUME Attorney -in -Fact S-3208/EP 7/94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of RIVERSIDE On !0111lcq DATE before me, R. CISNEROS "NOTARY PUBLIC" NAME, TITLE OF OFFICER - E.G_.'JANE DOE, NOTARY PUBLIC - personally appeared SHAWN BLUME NAME($) OF SIGNERS) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person jK whose name(s) is/,aW subscribed to the within instrument and ac- knowledged to me that he/sue/they executed the same in his/her/th4ir authorized R. CISNEROS capacity(iO), and that by his/Fyer/ter A. COMM. #1488731 signatureA on the instrument the person(g, NOTARY PUBLIC - CALIFORNIA LD RIVERSIDE COUNTY or the entity upon behalf of which the M Comm. Ex iresJune7,2008 personVf acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN nTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 POWER First National Insurance Company of America SfeA fo OF ATTORNEY Seatte PWA398185 No. 6966 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint *******"**SHAWN BLUME; ROSEMARY CISNEROS; JEREMY PENDERGAST; MICHAEL D. STONG; Riverside, California**"***"** its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duty executed by Its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 8th dayof March , 2007 STEPHANiE DALEY-WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations, shall each have authority to appoint Individuals as attorneys -in -tact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (1) The provisions of Article V, Section 13 of the By -taws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (ill) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' 1, Stephanie Daley -Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that troth the By -Laws, the Resolution and the Power of Attomey are still In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-1049/DF 4105 this i day of croft, 6 111L1 A,c,w �l4e� STEPHANIE DALEY-WATSON, SECRETARY SafecolD and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK December 28, 2007 Thomco Construction, Inc. 1279 N. Patt Street Anaheim, CA 92801 RE: CC-1287 — Gothard, Murdy and Magnolia Fire Station Improvements Enclosed please find your original bid bond for CC-1287. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure g: /fol lowup/cashco nt/retu rn bidbond. doc Sister Ci$�F*hJ69apan o Waitakere, New Zealand (Telephone: 714-536-5227 Construction Inc. 1279 N. Patt Street Anahelrn, CA 92801 City Clerk Office Second Floor 2000 Main Street Huntington Beach, CA 92648 SECTION C PROPOSAL for the Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT No. 1287 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 1 0 o in the amount of S 62, 545.OQh1ch said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received B' der's Signature 1 1 0/4/07 4 2 10/10/07 3 10/12/07 4 1 0/1 6/07 C-2 PROJECT BID SCHEDULE Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ 6 2 5, 4 5 0. 0 0 TOTAL AMOUNT LUMP SUM BID IN WORDS: Six Hundred Twenty Five thousand four hundred fifty dollars nd no cents C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render services to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Name of Subcontractor and Address State Lfc. No Class Work (%) 9 Surface Trend, Inc. - 1801 Via Burton, Unit - B Fullerton, CA 816153 C-21, ASB 92831 2.5 Inland Building Construction Companies, Inc. - 405281 C-2 323 South Sierra Way, San Bernardino, CA 92408 9 Wallach's, Inc. - 26796 Vista Terrace, Lake Forest, CA 92630 461977 C-54, C-15 5 Precision Contractor - 11612 Knott Ave., Unit 10, Garden Grove, CA 92841 705098 C-8 2.5 Pacific Door & Frame, Inc. - 15727 paramount Blvd. Paramount, 813479 D-16, D-28 CA 90723 10 JR Construction, Inc. - 17034 Roseton Ave, Artesia, CA 90701 835609 C-9, B 9 TTSI, INC. - 1538 Howard Access Road, Suite B, Upland, CA 91786 854610 C-10, C-7 9 All Star Air Systems - 10432 Cook Circle, Huntington Beach, CA 92646 747924 C-20 2.5 OJ Insulation Industries - 600 S. Vincent Ave, Azusa, CA 91702 465709 C-2 9 Glen Hager Cabinets - 2331 E. Lambert Road, La Habra, CA 90631 722382 C-6 By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be famished copies of all subcontracts entered into and bonds fumished subcontractor for this project. C-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render services to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work ( Name of Subcontractor and Address State Lic. No Class 9 Pacific Plumbing Company - 615 E. Washington Ave., Santa Ana, CA 92702 266807 G36 2.5 Preferred Construction Specialties - 555 West Lambert Road, Suite E, Brea, CA 92821 707596 D-34 2.5 So Cal Roofing Company - 23881 Via Fabricante, #521, Mission Viejo, CA 92691 797707 C-39 2.5 Prestige Striping Services, Inc. - 1054 Railroad St., Corona, CA 92882 827632 C-32 9 Specialized Painting - 530 West Central Ave., Suite A, Brea, CA 92821 641031 C-33 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished subcontractor for this project. C-4 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. Type of Material or Product Name of Vendor Address of Office and Telephone Number I and Models) Number(s) C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Diana L . Thompson being first duly sworn, deposes and says that he or she is President of Thomco the party making the foregoing bid that the bid is not made in the interest of, :goperson, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Thomco Construction, Inc Name of Bidder Signature of Bidder 1279 N Patt St., Anaheim CA 92801 Address of Bidder Subscribed and sworn to before me this 1 6th NOTARY PUBLIC -\I CVL' KI l ('W� Z �- day of, -'October , 20 07 ` NOTARY SEAL HOLLY HANEY rrfM1� Comm.# 1649889 jln� u! '® NOTARY PUBLIC- CALIFORNIA V! C-6 • ORANGE COUNTY MY COMM. EXP. MAR. 7, 2010 i3 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as Fire Stations 1, 2 & 4, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 10/16/07 Thomco Construction, Inc Contractor By President Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes )7 No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. IM COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Thomco Construction, Inc Contractor By President Title Date: 10/16/07 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 t BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Thomco Construction, Inc Bidder Name 1279 N Patt Street Business Address Anaheim, CA 92801 (714 ) 4 47-0 010 Telephone Number 730401 B State Contractor's License No. and Class 12/10/96 Original Date Issued 2/28/08 Expiration Date The work site was inspected by Louis Kloss of our office on October 9, 20 07 . The following are persons, firms, and corporations having a principal interest in this proposal: Diana L. Thompson/President Glenn Thompson/Vice President /Secretary C-11 0 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Thomco Construction, Inc C pany Name Signature of Bidder Diana L. Thompson Printed or Typed Signature 1279 N Patt Street Address of Bidder (714 ) 447-0010 Telephone Number Subscribed and sworn to before me this 16 th NOTARY PUBLIC day of October , 20 0 7 NOTARY SEAL HOLLY HANEY N Comml1649889 r^ "�► NOTARY PUBLIC-CALIFORNIA N ORANGE COUNTY MY Comm. Exp. MAR. 7, 2010 i w�•wvwwv C-12 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1 City Hall Reconfiquration/ 12 Journey, Aliso Viejo CA 92656 Name and Address Name and Telephone No. of Project Manager: Glenn Ya s u i (9 4 9 4 2 5- 2 51 1 $692,771.00 T.I. Present Contract Amount Type of Work Date Completed 2 Regional Public Safety Training Center/ 14000 Greenstone Avenue Name and Address Santa Fe Springs, CA 90670 Name and Telephone No. of Project Manager: Ken McEl 1,467,750.00 Contract Amount T.I. Type of Work 562/692-0921 August 11, 2007 Date Completed 3. OCTA/ 550 South Main Street, Orange CA 92863 Name and Address Name and Telephone No. of Project Manageniames KrameV )714-560-5866 422,100.00 TI 7/18/07 Contract Amount Type of Work Date Completed C-13 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Thomco Construction, Inc Contact Person: Louis Kloss Contact Phone: 7 4/447-001 0 Signed: u Date: 10/16/07 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-14 State U 0difordia CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE c" wh. 730401 CORP THOMCO CONSTRUCTION INC (3 02W2008 W!" so dgm^l This Bear" Is rw b—Owa -Wand gal be mtwmd W 6* PaOsom Wh- -sp-ded. -wokA - kw?" fur =r, eason IN$ PO&A =94 is Varid ftwjO go expkaftn date any. N bunek drop in ow mWbm Posboo WAsw*wd Contacbm Stab Lk*nw Bmd P-4 bw 26M Sacranwift, CA SSM *104A mom" Swwt" Bit DATEVAMMUM �60OU61R --Travis McElvany Hub International of California 4371 Lathara Street Suite 101 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO FIGHTS UPON THE CERTIFICATE HOLDER THIS CERnRCATE DOES NOT AMEND E)(TEND OR ALTER THE caymArk AFFORDED BY THE WICIES EISLOW. Riverside, CA 92501 OoMpANy North American Capacity Insurance 1 ORIURED Thomico Construction Inc COMPANY Attn: Glenn Thompson 2121 W. Crescent Ave #A COMPANY Anaheim CA 92801 COMPANY THIS is TO CERTIFY T14AT THE POLICIES OF INSURANCE LiSiii) BELOW HAVE MEN ISSUED TO THE PMJREO NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTINITHSTANDING ANY REQUIREMENT, TERM! OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT wrr" RESPECT TO ww4icH THIS CERTIFICATE MAY BE ISSLIED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER14S. EXCLUSIONS AND CONDITIONS OF SU1CH POLICIES. LWITS SHOWN MAY HAVE BEEN REDLXED BY PAN) CLAVAS. ANY AUTO BODILY INJURY ALL OWNED AUTOS BOMYMLAW (per accweno $ HIRED AUTOS MON40WNED AUTOS PROPERTY DAMAGE AUTO ONLY - EA, ACCIDENT OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE S AGGREGATE $1,000,000 UMBRELLA FORM PARTNERswaruTm OWICERS AM. R EKCL EL DISEASE - EA EMPLOYEE S OTHER To"..M5t6%60MOOM8C,9=lpR=e:WAnMahMeiomMBa&seffEMuSilding B. 1919 S. State College, Anaheim, ;an Diego Gas 9 Electric Company and its parent company (Sempral, it's subsidiaries and affiliates and their respective >fficers, directors, employees, agents, representatives, successors and assigns are named as additional insured with respect ��o general liability per form CG2010 11/85 attached when required by written contract. General liability waiver of subrogation 31V Ps per orm CG2404 0 93 when required written contract SAN DIEGO GAS & ELECTRIC SHOULD ANY OF THE ABOVE DESCRIBED FCUCIIS BE CANCELLED THE Attn: Jim Martinez 19MM71CH DATE 7113190F. THE IBSUM COMPANY VFAL WZ%VOR TO MAIL 9965 Carroll Canyon Rd. 3 0 mys wRITTEN NOTICE To THE comncATE HOLDER muso To THE Lmn ce for non-payment San Diego, CA 92131-1105 Wa- MAIL SUCH NOTICE SHALL IMPOSE NO COL104710N OR LIA&M POLICY NUMBER: PNG0002937 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Wk-ON- I- W This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or organization: Any person or organization to which you are obligated by virtue of written contract to provide insurance such as is afforded by this policy, but only with respect to (1) occurrences taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period, or occurrences resulting from the conduct of your business during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work" for that insured by or for you. Coverage provided by this' policy to the Additional Insured(s) shown in the Schedule shall be primary insurance and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory, but only as respects any claim or liability determined to be the result of the sole negligence or responsibility of the Named Insured and only if required of the Named insured by written contract. CG 20 10 1185 Copyright, Insurance Services Otfiice, Inc., 1984 Page 1 of 1 0 POLICY NUMBER: PNG0002937 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A, 4INZ01610 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization to which you are obligated by virtue of written contract to provide insurance such as is afforded by this policy, but only with respect to (1) occurrences taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period, or occurrences resulting from the conduct of your business during the policy period. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work` done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 0 a POLICYHOLDER COPY SK 43TATE P.O. SOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-29-2007 GROUP: POLICY NUMBER:- 1471247-2006 CERTIFICATE ID: 108 CERTIFICATE EXPIRES: 11-25-2007 11-25-2006/11-25-2007 SAN DIEGO GAS & ELECTRIC SK JOB:ANAHEIM BASE BUILDING B; 5660008891 ATTN: JIM MARTINEZ 1919 S. STATE COLLEGE 9965 CARROLL CANYON RD ANAHEIM SAN DIEGO CA 92131-1105 CA This is to certify that we have issued a valid Workers' Compensation insurance policy in a form- approved` by the California insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. t:IZEO:SENTAZT1 PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - GLENN THOMPSOI PRES TRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11-25-2000 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SU8ROGATION EFFECTIVE 2007-02-20 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: SAN DIEGO GAS & ELECTRIC EMPLOYER THONCO CONSTRUCTION, INC. SK } 2121 E CRESCENT AVE STE A ANAHEIM CA 92801 [B10,SK] tEiEV.2-os} PRINTED : 03-29-2007 NORTH AMERICAN r CAPACITY INSURANCE COMPANY 650 Elm Street Policy Number: Manchester, NH 03101-2524 PNG0002937 -00 (800) 542-9200 COMMERCIAL GENERAL LIABILITY DECLARATIONS ' Named Insured and Mailing Address Producer Thomco Construction Inc. Producer Code: 04026 18 2121 W. Crescent Ave. #A LE14AC & ASSOCIATES - LA Anaheim, CA 92801 5670 WILSHIRE BLVD . STE 1200 LOS ANGELES, CA 90036 TELEPHONE: (323) 857-9400 FORM OF BUSINESS: ❑ INDIVIDUAL ❑ PARTNERSHIP ❑ JOINT VENTURE ❑ LIMITED LIABILITY COMPANY ® ORGANIZATION, INCLUDING A CORPORATION (BUT NOT INCLUDING A PARTNERSHIP, JOINT VENTURE OR LIMITED LIABILITY COMPANY). BUSINESS OF NAMED INSURED: CONTRACTOR POLICY PERIOD: FROM 10-25-2006 TO 10-25-2007 at 12:01 A.M. Standard Time at your address shown above IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT $ 2,000,000 PRODUCTS / COMPLETED OPERATIONS AGGREGATE LIMIT $ 2,000,000 PERSONAL & ADVERTISING INJURY LIMIT $ 1,000,000 Any one person or organization EACH OCCURRENCE LIMIT $ 1,000,000 DAMAGE TO PREMISES RENTED TO YOU LIMIT $ 50,000 Any one premises MEDICAL EXPENSE LIMIT $ 5,000 Any one person .SCHEDULE OF ALL PREMISES THAT YOU OWN, RENT OR OCCUPY (SAME AS MAILING ADDRESS, UNLESS OTHERWISE STATED). 2121 W. Crescent Ave. #A, Anaheim, CA 92801 2101 W. Crescent Ave. #M, Anaheim, CA 92801 CLASSIFICATION AND PREMIUM RATE ADVANCE PREMIUM CLASSIFICATION CODE PREMIUM BASE Prem/Ops Prod/Comp Prem/Ops Prod/Comp NO. GROSS SALES Ops Ops Contractor VARIOUS 4,300,000 7.267 ENCL 31,25 NCL ADVANCE PREMIUM $ 31,250.00 POLICY FEE $ 300.00 AUDIT PERIOD (if applicable) AUDIT FEE $ 250.00 X❑ ANNUAL ❑ QUARTERLY INSPECTION F C� $ 150.00 TOTAL slA��6 !31,950.00 ❑ SEMI ANNUALLY ❑ MONTHLY PtG SEE t 31, 9 5 0 .0 0 PREMIUM + FEES THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) AND ENDORSEMENT(S) LISTED IN THE ATTACHED SCHEDULE OF ENDORSEMENTS / FORMS, COMPLETE THE ABOVE NUMBERED POLICY. ountersigned by / Date 10-26-2006 Issue Date: 10-26-2006 This policy of insurance has been issued in reliance upon the representations made in the application on file with the company NAC-PG/A-DEC (12103) Includes copyrighted material of Insurance Services Office, Inc., with its permission s STATE FfAR€N4 I SUPIANG taOWIANI17S LIE-- ; State Farm Mutual Automobile Insurance Company 900 Old River Road Bakersfield CA 93311-0001 rev � v nc1vCVYHL. FEB 15 2007 to AUG 15 2007 4 H -1181 A THOMCO CONSTRUCTION 2121 W CRESCENT AVE STE A ANAHEIM CA 92801-3810 1111111 11111If 1111il111#11111U'1111111' Your premium is based on the following . —Y not correct, contact your agent. 2001 CHEVROLET C1500 VIN 1 GCEC19T41Z324985 Glass 1 H3HCV10 Superior Driver Rate Level (See description on back). Driven over 7,500 miles annually. (National average is 12,000 miles annually.) There are no male or unmarried female drivers with less than 9 years driving experience. Business use. Additional: Information... Driver excluded: LOUIS KLOSS EFF 07-16-2004. Your State Farm Payment Plan number is 0021731912. Zip Code Used to Determine Rate Charged : 92804 DUE PLEASE PAY THIS AMOUNT Coverages an 1m s Premiums A Liability 2;000,000 Bodily Injury & Property Damage 459.94 C Medical Payments 5,000 31.25 D 500 Deductible Comprehensive 41.66 G 500 Deductible Collision 193.14 U Uninsured Motor Vehicle Bodily Injury 250,0001500,000 72.49 U1 Uninsured Motor Vehicle Property Damage 2.60 Total Premium $801.08 JAN Our records indicate that you may qualify for a premium reduction during the coming -policy term, since you will'have at feast 34 years of driving experience. This change, effective on the day you qualify, will result in a refund check or a premium credit. Your premium may be influenced by the drivers listed below and other individuals permitted to operate your vehicle. This list does not extend or expand coverage beyond that contained in this automobile policy. The drivers listed below are the drivers reported to us that own or regularly operate any vehicle in your household. DIANA THOMPSON, ROBERT GLENN THOMPSON. If the above information is incomplete or inaccurate, or if you want to confirm the information we have in our records please contact your agent. 79 7104 3498 See reverse side for important information. agent MIKE KIM t Please keep this part for your record. Telephone (714)826-8508 Prepared JAN 03 2007 Q KNOW ALL MEN BY THESE PRESENTS, that we Thomco Construction, Inc. as Principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, TX 78759, as Surety, hereinafter called the "Surety," are held and firmly bound unto CITY OF Huntington Beach, Public Works Department as Obligee, hereinafter called the Obligee, in the sum of ten percent (10%) of the Total Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Various Tenant - ADA Improvements at Fire Station 1,2 & 4 NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project; and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof. SIGNED, sealed and dated this 15th day of October, 2007. Thomco Construction, Inc. (Principa BY: +taJ i TITLE: SURETEC INSURANCE COMPANY B. Gladding, Attorney in Fact .CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On October 16. 2007, before me, Holly Haney, Notary Pubik, personally appeared Diana L. Thompson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. HOLLY HANEY WITNESS MY HAND AND OFFICIAL SEAL. comm. # 1649889 'n "® NOTARY PUBLIC-CALIFORNIA N ORANGE COUNTY -° > MY Comm. EXP. MAR.1, 2010 `a State of CALIFORNIA County of RIVERSIDE On OCT 1 5 2007 before me, MICHELE M QUALLS, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared JULIA B. GLADDING Name(s) of Signer(s) ❑ personally known to me -OR- ❑ 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/sheithey executed the same in his/her/their authorized capacity(ies), and that by his/her/their 1 .4 » {� h signature(s) on the instrument the person(s), or the entity upon COr110j #1704204 behalf of which the person(s) acted, executed the instrument. Cr `' NOTARY PUBLIC - CALIFORNIA cc RIVERSIDE COUNTY My Carnm- Expires Nov- 11, 2010 WITNESS my handandofficial seal. g . - \ _I �1� / _ Fi 11 r' �e of Notary Public ------------ ----------------- ----------- OPTIONAL ---------------- ------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of Thumb here Signer Is Representing: BD-1133 09/00 POA #a 510018 A '* Know AU Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Kenneth A. Coate, Julia B. Gladding of Riverside, CA its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, seated with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/08 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of ana of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. a maw TEC URANCE COMPANY 01 �rta�lti By: w i ul i n B.J. Ki g, reside t State of Texas ss: County of Ilart-is �.._.- • r On this 20ih day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny Notwy • S kft of rexa „� Idly Congnissiort Eicp6gs Michelle Denny, Notary P lic August 27, 2008 My commission expires August 27, 2008 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 15th day Octo r 20 07 A.D. A.Brent VXI(sistantry Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 28, 2007 Vargas Structures, Inc. 12318 Shoemaker Ave. Whittier, CA 90605 RE: CC-1287 — Gothard, Murdy and Magnolia Fire Station Improvements Enclosed please find your original bid bond for CC-1287. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure g:/followup/cashcont/returnbidbond. doc Sister CiPre .-e`kunJo1')apan e Waitakere, New Zealand ( Telephone: 714-536-5227 ) 7 7� Emma l"nMM G R 2007 OCT 23 PM 1: 34 Structures Inc. GEENE=RRL- SUIL-DING CONTRRCTOF2E5 2318 Shoemaker Ave. Whittier, CA. 90605 'Bone (562) 946-0395 Fax (562) 946-0385 4t/YL t Ma�o , J �000 J2 - L/ 2027,101;T 23 Pi'l 12: 373 Bid Title: Fire Station 1, 2 & 4 — Contract # 1287 Date: October 23, 2007 k 2:00 PM Bidder: PCN3, INC. Address: 6285 E. Spring St. #291, Long Beach, California 90808 Tel: (562) 493-4124 Fax: (562) 493-4129 License #: 786518 To: City of Huntington Beach City Clerk 2000 Main Street — Floor :2 Huntington Beach, California 92648 SECTION C PROPOSAL for the Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT No. 1287 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find ko � � (an the amount of $ °� hick said amount is not less than 10% of the aggregate o the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signat e err,_`\-� -Ak T- k: _off - C-2 PROJECT BID SCHEDULE Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 TOTAL AMOUNT LUMP SUM BID IN FIGURES: _. -- S?j 7/ c�-c� : UO TOTAL AMOUNT LUMP SUM BID IN WORDS: C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work °/a Name of Subcontractor and Address State License Number Class s 81 re By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. Name of Vendor Address o Office and Telephone Number Type of Material or Product I and Model(s) Number(s) �C. 3 6G,� ll Zn-4 � A_. y 1 674'7. �J�"��� /, 4 vil it &Cf Cod l���'�r/�f�i�L�[a� C_A H" drP.J ���(�; 'lc� Po �� JS�S �o�✓e/ � . 39q^f 1 ,�V, A e J1 17 C-5 NONCOLLIISION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH DID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is 5 e,C,✓t, 1&? of Ile,,y s the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this NOTARY PUBLIC - fQ 1 Name of Bidder Signature B dder ---- - Address of Bidder o� C-6 day of 20 c- NOTARY SEAL CALIFORNIA JURAT WITH AFFIANT STATEMENT See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) State of California ss. County of � _ CLAUDIA SANCHEZ .:..., NOTARY PUBLIC - CALIFORNIA COMMISSION # 1648407 �' Subscribed and sworn to (or affirmed) before me on this day of by Date onth Year (1) Name of Signer 4 �ved to me on the basis of satisfactory evidence to be the person who appeared before me (and ` ORANGE COUNTY `ALI' My Comm. Exp. February 28, 2010 Name of Signer os�®wvvvv� ❑ Personally known to me ❑ Proved to me on the basis of satisfactor ' nce to be the per appeared beforMe.) Sign ature}a otary Public Place Notary Seal Above v' OPTIONAL Though the information below is not required by law, it may prove _ valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL. CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as Fire Stations 1, 2 & 4, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person, A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 10 — 1 L, .__ c) -+ 01i J (All C Contractor Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes "2r, No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-8 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor Title jeCjC C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: r' j C [\j , i N C- Contractor By� "'Q. c_ Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address 'A ('lieu e G�i1 9 Telephone Number S61S 1aW �?,6;C/O State Contractor's License No. and Class to a 2 (: - 2.U�-, Original Date Issued Expiration Date The work site was inspected by �Z-)n V�- I b V1 6 ,F I of our office on The following are persons, firms, and corporations having a principal interest in this proposal: l C-11 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder B6e tij ca, Printed or Typed Signature Address of Bidder ( 6L,L) 14113-`<«q Telephone Number Subscribed and sworn to before me this NOTARY PUBLIC 5 \ V: dayof C1�_��� �'� , 20 U 4 NOTARY SEAL C-12 CALIFORNIA JURAT WITH AFFIANT STATEMENT D( ee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California ss. County of CLAUDIA SANCHEZ £' NOTARY PUBLIC - CALIFORNIA y6im COMMISSION ;# 1648407 ORANGE COUNTY a� My Comm. Exp. February 28, 2010 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this day of by Date /Month year (1) _G. / `� Name of Signer nown to me �r`oved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and Name of Signer ❑ Personally known to me El Proved to me on the basis of sa I evidence to be the pgrse wljq appeared befor e ) Signatura0b Notary Public Place Notary Seal Above OPTIONAL r Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Date: Signer(s) Other Than Named Above: Number of Pages: RIGHTTHUMBPRINT RIGHTTHUMBPRINT OF SIGNER #1 OF'SIGNER #2 Top of thumb here Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 2. ��� S �� \;� �• tCy ��� t,�c�• tai rnr� Name and Address Name and Telephone No. of Project Manager: � �� ��lCin vo.0 z � Contract Amount Type of Work Date Completed Name and Address Name and Telephone No. of Project Manager: 60tU� AIIJ _77- 3E Contract Amount Type of Work Date Completed 3. <. �i�� W`, Name and Address Name and Telephone No. of Project Manager: 2 Contract Amount Type of Work e Completed C-13 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Z_ Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: ASA V, Contact Phone: Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-14 Oct-15-07 09:1Eam From-WgRAW HILL FW DODGE 7149370917 7-503 P 0Z/02 F-HE City of Huntington Beach Public Works Department 2000 Main Sweet Tel. (714) 636-!6431, FaX (714) :374.1573 , For Gothard Fiore Station No. 1 Murdy Fire Station No. 2 and Masnolia Fire Station No. 4 CASH CONTRACT NO. 1287 DCto�cr 4, 2007 Notre to All Eiidders; Phase (Iota the rolizwing a 3nflcation to tna Project Plans, 5pecifiralions, and Spegint Provisions: ( 1) There will ba s sl lumal advisory site meeting to discuss asbGsims abatement. The meeting will be hold on Tuesday Otto aor 5, 2007 at the IVI2ign®lla Fire tacacvd at a1441 Magn-lia Streot Huntington Scaoh, of 11:oa am, W.) Oaplaz of tha ast estos report will be available at the mooting site. 31 Cantraetors who purchased plans and speelfteatlons, but did not attend this rnuuting =an pldk up a copy cf the asbestos r port qt the Public Works counter. 4) All bidders will 1 a required to have a certified esbestas abatement contracter ramipve nroas Whan asbestos Is press nt and identified in the report. 7raso costs shall be included in thv lump s1�ri�_�Id This Is to ackn®wledge rum :ipi ontl review at Pddondum Number one, do CompanY Name 6y 1,711 gale clok;er 4, 2007. Rominder: All bldbers rnu t acknowledge the rurcrlpt or thls Addandurn with your bid propoeal 5houid you have any ques Ions ragerdinE this Addmwndum, plaaeu c411 Robert mmnlnez xt (71 d) 536-Sa23. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 October 10, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) All bidders will be required to have a certified asbestos abatement contractor remove areas where asbestos is present and identified in the attached report which interfere with the scheduled work. These costs shall be included in the lump sum bid. 2) The bid date, October 16, 2007 at 2:00 pm will not change This is to acknowledge receipt and review of Addendum Number One, dated October 10, 2007� Al L r Company Name By 107 Date Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. 0ct-15-07 01:19pm Frnm-McliRAW HILL FW DODGE T149370217 T-SUE P 0Z F-074 r ZS City of Huntington Beach P'ubliC Works Department 2000 Main Street Tel_ (714) 535-5431, Fax (714) 374-1573 For Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 October 12, 2007 Natioe to All Bidders: .m- Please note the following clarification to the Project Plans, 5pealfloations, and Special Provisions: 1) Responses to I ;FI's, & questions prior to the bid. These costs shall be Included In the lump sum Lid. 2) Ths Lid date, C October 10, 2007 at 2:00 pm will not change Attachem en t 17 pages This is to acknowledge r :ceipt and review of Addendum Number One, dated October 12. 2DD7. Company Name By Date Reminder: All bidders rr Jst acknowledge the receipt of this Addendum with your bid proposal. Should you have any qui istions regarding this Addendum, please call Rob en Martinez at (714) 535-5423, City of Huntington Beach Public Works Department 2000 Maim Street Tel, (714) 536-5431, Fax (714) 374-1573 For Oothard Fire Station No. 1 Muirdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 October 16, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) The bid deadline has been extended. The bid opening date is October 23, 2007, at 2:00 pm. This is to acknowledge receipt and review of Addendum Number Four, dat4a4October 16, 2007, E 4 �� ^13 -T, ff e., Ccrnpany Name -7 By 16 116 Date Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Hobert Martinez at (714) 536-5421 Bond No. CA MDR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we 6285 E. Spring St., #291, Long Beach, CA 90809 as Principal, (hereinafter called the Principal), and First National Insurance Company of America, a corporation duly organized under the laws of Washington and authorized to transact a general surety business in the State of California, as Surety, (hereinafter caked the Surety), are held firmly bound unto: City of Huntington Beach, Department of Public Works, 2000 Main St., 2nd fl., Huntington Beach, CA 92b4d 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 in Dollars, 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: ADA Improvements for Gothard Fire Station No. 1, Murdy Fire Station No. 2, and Magnolia Fire Station No. 4, per Cash Contract No. 1287. _ Bid Date: October 16, 2007 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 therefor 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 11tWay of October 2007 PCN3, INC. Principal Name of Sid Company By_ Attomey-in-Fact - a i ' a Z nizo CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On October 11, 2007 before me, M. S. Rodriguez, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary PuDli ) personally appeared PAMCTA ZMZO Names) of signer(s) Lpj personally known to me -OR- ❑ proved to M. S. RODRIGUEZ NOTARY PUBLIC -CALIFORNIA z LOs ANGELES COUNTY i tea' z a COMMISSION # 1634377 MY COMM. EXPIRES JAN. 2, 2010 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. WITNESS my hand and official seal. Y ----------------------------------------OPTIONAL- -------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages.- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ individuai ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑j Partner - ❑ Limited ❑General ❑ Partner - ❑ Limited ❑ ® Attorney -in -Fact ❑ Attorney -in -Fact ❑ Trustee ' - ❑ Trustee : ❑ Guardian or Conservator EnjueIiMcNeal- ❑ Guardian or Conservator ❑ Other: Top of Thumb here ❑ Other: Signer Is Representing: Signer Is Representing: General SD-1133 09100 First National Insurance Company of America w POWER Safeco Plaza OF ATTORNEY Seattle, WA sales No. 9406 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ********************VANESSA GUTIERREZ; GRACIE LOPEZ; PIETRO MICCICHE; MARGARET RODRIGUEZ; PATRICIA ZENIZO; Los Angeles, California******************************.***************************************** *,"******»* its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 14th day of May 2007 STEPHANIE DALEY-WATSON, SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 11 th SEAL i f°�'troas S-10490F 4/05 day of October. ?n07 STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco corporation. WEB PDF City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK December 28, 2007 Klassic Engineering & Construction, Inc. 250 S. Tustin Avenue Orange, CA 92866 RE: CC-1287 — Gothard, Murdy and Magnolia Fire Station Improvements Enclosed please find your original bid bond for CC-1287. Sincerely, O��- J+4r-) Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:/followup/cashcont/returnbidbond.doc Sister Cit9WM,81,iapan e Waitakere, New Zealand (Telephone: 714-536.5227 ) KLASSIC ENGINEERING & CONSTRUCTION, INC. 250 S. TUSTIN AVENUE ORANGE, CA 92866 2007 OCT 23 46 "SEALED BID" for Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL �Fr ��Fr 71 7 �rl'110;"!: SECTION C PROPOSAL for the Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT No. 1287 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 l If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find,"/ ORS /Wthe amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any; Addenda No. Date Received Bidder's Signature Od /IOo X --7-007 a ,r 06T 46—200-7 �/ OAT - %7, t 00 7 , PROJECT BID SCHEDULE Gothard Fire Station No. 1 Nlurdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 TOTAL AMOUNT LUMP SUM BID IN FIGURES: TOTAL AMOUNT LUMP SUM BID IN WORDS: e�%+uYe -56 ;ice LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work r/0) Name of Subcontractor and Address State License Number Class yrl6 At'_ o6d aolUe," qq&o 94/V IUA-A)po J?D-?AtQ1A4A44 /0% 96A] A1K , lNd . 4�l�(�l � �g //�o 04YMp/C, L D- S7F• �202 1-bS AAI&Et6S 0A 00(0C/ Al- T• Ros7AMI QM009 0_/0 .zgz/7 0'4 SS rev&-. O) - !U" /LLS , 07 A 2/Mc� 7,ctK 67A6)AJt*rsip Z�7o VINE,2lrltl CA q• (d PA16tE Nay SWC/At-15 ' q �)q � E A) . MY57Jq LA N & 41V,JPUeM" l An_ArfMC:1IT 70I6., �C AGS &2/ P-0-00XC S747_ O�ZAN&c,NH qzf C/s ez /0//Z0& 8 GZ-AZ &7—VO.26 /7 >q// N0 L/M6- ST' (FA >S' h �/rr�MU� l�il5u[�T/D�t/ C dN77ZA2�12 /(09 Al- S ?,Ity( fM/t . b1Z,4iu 0A 92_Z17 7�D72 7 L 2 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. CW LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. [Name of Vendor Address of Office and Telephone Number I Type of Material or Product and Model(s) Number(s) NO -CA Nlf 6ALF 3203 &VO . C/ee,-lrI, a/ ,y4 A) iA A N'A 'vA 7/4 04 -02 gdb 7•NyMP s01V P001? /* 0 01YMP iG /�,b • IKATtLt4 Pj-*0Wq 9121 TEL i M/3etc &,qW-rod , eA (7140 S)M 12V VlstA I)A /A/7 z 400 1�7 - '7 f/, si . , PA r Ac S SANTq AIVA , O-A (7/d) 40-t-4d� t- PM-tss lj%Pt /tab s - Zpwls 5 pi- L-r tiji� A NANC- / 4 A (7/`1) Cl 7-F VA4P!WV 814144 /1027 &N tkA-Y A11� • k4 tE /!{ 1 S -ranJ , A fVA '�sv -�3000 c-s NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange E1V,4d ,9f(100 , being first duly sworn, deposes and says that he or she is L F• 0 of c64istt, n(arty making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 6N&06% INN �, (ONE j a IN Subscribed and sworn to before me this NOTARY PUBLIC B'1. j<FIVI+d �HJWIIqL Name of Bidder Signature of Bidder y &6 S - TU,!; /N' 4 1�t . 024A16 F , dtA e7�-96 �- Address of Bidder day of C f , 20 �! UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as Fire Stations 1, 2 & 4, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. 1 SSIG ENG/ti' MI ? & eOMT = i1'OI Contractor By Title Date: 10116107 t' . z` . 0 . DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ` ❑ Yes o If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. :Contractor�- VA Al �S //ZA L / By Title Date: Lo && Lo i UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER certifies that the following information is true and correct: EAIQNC-el�lAq 40 (tONSMOW1941; //JC . Bidder Name Business Address O/WG�; ��A qg&� ) vol- Telephone Number State Contractor's License No. and Class lggg Original Date Issued Tl,�®o q Expiration Date The work site was inspected by kFj VA A1 SH IRA L I of our office on r)(7- r. 4 , 200. The following are persons, firms, and corporations having a principal interest in this proposal: [AI Cy�ilf`tfle $(~ 2• (10M-7, C� (tip fu 1 f-/ /R A t / C-11 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. C Signature of Bidder P 'nted or Typed Signature Address of Bidder Telephone Number Subscribed and sworn to before me this 4-(---\ day of C. 1 � , 200, NOTARY PUBLIC NOTARY SEAL C-12 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: Name and Address 1 Name and Telephone No. of Project Manager:�Ai/CiO/')-A�te-12,)3 k it • 6%M Contract Amount Type of Work Date Completed Name and Address Name and Telephone No. of Project Manager:/Oi//< kOLLfA(6 (DI) ZU- 0769 AM, M'06 I�nIO>Ct- �-EPT - Zd -7 Contract Amount Type of Work Date Completed Name and Address Name and Telephone No ia 2 , ql'� "(T Contract Amount of Project Manager: 1t� �j 6S ((aZ(A kvwv��'L //V- w qtx SCP7 , 2eb 7 Type of Work Date Completed C-13 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Persor Contact Phone Signed: Date: j< �L4 ss/& f N Ct /lhtE1Z// ff(; p e.���i� . *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-14 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ki �l ',),r n 4 l I F 1 *t r.�. �� 9 ;I For Gothard Fire Station No. I Murdy Fire Station No. 2 and Magnolia Fare Station No. 4 CASH CONTRACT NO. 1287 October 4, 2007 Notice to All Bidders. Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) There will be a special advisory site meeting to discuss asbestos abatement. The meeting will be held on Tuesday October 8, 2007 at the Magnolia Fire located at 21441 Magnolia Street Huntington Beach, at 11.00 am. 2) Copies of the asbestos report will be available at the meeting site. 3) Contractors who purchased plans and specifications, but did not attend this meeting can pick up a copy of the asbestos report at the public Works counter. 4) All bidders will be required to have a certified asbestos abatement contractor remove areas where asbestos is present and identified in the report. These costs shall be included in the lump sum bid. This is to acknowledge receipt and review of Addendum Number One, dated October 4, 2007, Company Name By LIP 7 Date Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-6423. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gothard Fire Station No. 1 Murdy Fire Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 October 10, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) All bidders will be required to have a certified asbestos abatement contractor remove areas where asbestos is present and identified in the attached report which interfere with the scheduled work. These costs shall be included in the lump sum bid. 2) The bid date, October 16, 2007 at 2:00 pm will not change This is to acknowledge receipt and review of Addendum Number One, dated October 10, 2007, Company Name By o i Date Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gothard Fare Station No. 1 Murdy Fare Station No. 2 and Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 October 12, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) Responses to RFI's, & questions prior to the bid. These costs shall be included in the lump sum bid. 2) The bid date, October 16, 2007 at 2:00 pm will not change Attachement 17 pages This is to acknowledge receipt and review of Addendum Number One, dated October 12, 2007. Company Name By d C)(-t l 2001 Date Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 Far Gothard Fire Station No. 1 Murordy Fire Station No. 2 w e, Magnolia Fire Station No. 4 CASH CONTRACT NO. 1287 October 16, 2007 Notice to All Bidders: Please note the following clarification to the Project Plans, Specifications, -and Special Provisions: 1) The bid deadline has been extended. The bid opening date is October 23, 2007, at 2:00 pm. This is to acknowledge receipt and review of Addendum Number Four, dated October 16, 2007. A 24C., -EA16t1 IC-E IN6 F, �IVA;E . Company Name Date >� r By Reminder: All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Robert Martinez at (714) 536-5423. TMR INSCO INSURANCE SERVICES, INC. 'f"Fz:%1C0 Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, Callfornia 92614 • (949) 263-3300 I IV ® BOND NO. N/A KNOW ALL MEN BY THESE PRESENTS, That we, KLASSIC ENGINEERING & CONSTRUCTION, INC. as Princi paI, and_____DEVELOPERS SURETY AND INDEMNITY COMPANY______ _ ___ a corporation authorized to transact a general surety business in the State of— CALIFORNIA ___ as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH called the Obligee) in the full and just sum of TEN PERCENT OF THE TOTAL AMOUNT BID ------------------------ ______________ Dollars, ($ 10%A_--------- -_) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for VARIOUS TENANT AND ADA IMPROVEMENTS AT FIRE STATIONS 1, 2 & 4. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 12TH ERING & CONWOCTION, INC. Principal 1D-1198 (Bid Bond) (REV. 1/01) day of ________OCTOBER _--- _------- , 2007_ YEAR DEVELOPERS SURETY AND INDEMNITY COMPANY Surety By: D IGHT REILLY Attorney -in -Fact State of California County of ORANGE ss. On OCTOBER 12, 2007 , before me, SUSAN PUGH, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public-) personally appeared DWIGHT REILLY Name(s) of Signer(s) SUSAN PUGH Commission # 1734680 Notary Public - California z Orange County ' fYCc1mm. Fires Mar28, 2011 L] personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personQQ whose name(g) is/4(e subscribed to the within instrument and acknowledged to me that he/sKQ/tVy executed the same in his/*rltl�Oir authorized capacity(io), and that by his/t*/th* signature(A)on the instrument the person(, or the entity upon behalf of which the person()b acted, executed the instrument. WITNESS my hand and officia se Place Notary Seat Above SUSAN PUGH signature o ublic 11 j OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: OCTOBER 12, 2007 Signer(s) Other Than Named Above: BID BOND NONE Capacity(ies) Claimed by Signer Signer's Name: DWIGHT REILLY ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ji7 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: Signer Is Representing: DEVELOPER SURETY AND INDEMNITY COMPANY RIGHT THUMBP,RINTy ..,-IOFISIGNERt.:_.'t 0 1997 National Notary Association " 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 Prod, No. 5907 Reorder. Call Toll -Free 1-800-87"827 POWER OIFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Dwight Reilly, H. J. Dueck, Allison Ritto, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)—in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 A day of December, 2005. By: pyp �"r David H. Rhodes, Executive Vice -President yJr �pP0 at 4 OCT. 10 By: ?a,, 193B Walter A. Crowd/, Secretary ?e'a low R..••". STATE OF CALIFORNIA COUNTY OF ORANGE On December 1, 2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(&) whose name(s) islare subscribed to the within instrument and acknowledged to me that be/she/they executed the sank in his/her/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the petson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature CERTIFICATE F.., _ .. AIN -11o.i. ;4 The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in frill force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 1 2TH day of OCTOBER 2007 L By A� Albert Hillebrand, Assistant Secretary ID-1380 (Rev. 12/05)