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Collins Builders, Inc. - Central Net Operation Authority - 2008-08-28
RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to i 4 t k City Clerk's Office (Name) :\j 9-after signing/dating ,l (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer 1171,1 /,:L/ FROM: DATE: --o SUBJECT: Bond Acceptance I have received the bonds for r (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Cou&#-Approval-Date) City Clerk Vault No. #27 g1followup/bondlefter.doc H Cityg f Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: David Verone, Contract Administrator grx DATE: May 5, 2009 SUBJECT: Retention Release Payment Company Name: Collins Builders Address: 18342 Gothard Street City, State and Zip Code: Huntington Beach, CA 92648 Phone Number: (714) 815-6857 Business License Number: All9310 Local Address: N/A Notice of Completion Date:4/1412009 Contract Purpose: Retention Release for Cash Contract 1328, JPTC AN Room Remodel Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. Date ravis K. Hop V �-I s, Director of Public Works Cafr certify that there are no outstanding invoices on file. L fteklm Date Sha i Freidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, l8nd that a guaranty bond has been filed with this office. J I ef Da e oa h FI 1328 retention release memo 7-07.doc 5/5/2009 11:33:00 AM 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 92643 Re: Certification of Compliance with Prevailing Wage Laws Contract: C C — (3 Z. 6 Project: -tA,a 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 tinder the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit -requirements specified for each paticular classification of work, as set forth in the wage -rate determinations of the Mate of California, Department of Industrial Relations, and/or the United States Department of Labor. T declare under penalty of perjury tender the laws of the State of California that the foregoing is true and correct. Executed this 6Ik day of A-M V , 20_4, at &&V_6VA &W4� California. (type Cant=ctorName) By- e: [Type am( Title: [Type Title] a(INU L f -0,6 C D(1 S ,, state and certify that: (Maine of Uedarantj 1. C.OLG/ 5 t0 w)&,& I 1 Al L • is the general contractor to the City of Huntington Beach ("City"] on Contract No. CL - 13 Z.A (the "Contract"} for the construction of the public work of improvement entitled: Qo�d� L�lT�� PRE (the 'Project'), 2. All work to be performed pursuant to the Contract has been cornpleted 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 wising 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. S. 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 Califomia (list all disputed claims; if none, write "NONE"): IN 069 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, Executed at �s ) on this ,- ,day -of ItAUL , 20 (Signature of Declarant) APPROVED AS TO FORM By: naft CIi-,0, -U 3• Zo•aQ Name: [Type Name] Title. [Type Title] 243911_t Certification of Compliance with Tide VrI of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City ofHuntington 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+ C L — ( 3 ze ,w The undersigned contractor on the above -referenced project C Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opporhinity 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 taws of the State of California that the foregoing is trite and correct. Executed this (q Clay of _�ML� , 20 at �!� ,A�, �k :California. L0Ld d .AI 5 ?2V(LIKQ&., N t, (hype Co ,Cwr, la wr Narhe: [TypeName] Title: [Type Title] 2459ti.1 RECEIVED BY: (Name) (Date) TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating E have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. ( -AnvaH9ate) City Clerk Vault No. #27 g:/followup/bondletter.doc 4aFF� INSCO INSURANCE SERVICES, INC. ins'r Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 MAINTENANCE BOND BOND NO.: 728336P Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: THAT we, Collins Builders, Inc. , as Principal, and Indemnity Company of California a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of One Hundred Eighty-one Thousand Six Hundred Seventy-two and 00/100 (S 181,6/2.0U )Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: The Joint Powers Training Center (JPTC) AN Room Remodel and ADA Improvements WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 8th day of April 2009 YEAR Indemnity Company of California Principal BY: <::::� John Kookootsedes At:omey-in-Fact VATI A Tn rnvx/f JENNIFER WGRATH, ID-1201 (CA) (One Year Term) (REV. 3101) State of California County of Orange On April 8, 2009 before me, Sandra H. Lee, Notary Public personally appeared John Kookootsedes SANDRA H. LEE Commission # 1650668 z a. Notary Public - Cal fomla Z �' r:. Orange County My Comm. Expires Agar 22, 2010 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. Signature Place Notary Seal Above 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: Number of Pages: 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 ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Guardian or Conservator ❑ Other Signer is Representing: POWER OF ATTORNEY 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 as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***John Kookootsedes, Brad L. Settgast, 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 surety- ship 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 Attorney(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 January 1st, 2008. 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 allorney(s) named in the Powers of Attorney 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 corporations 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 Vice President and attested by their respective Assistant Secretary this January 1st, 2008. �~ ANO By: ,4Zy` /4, Stephen T. Pate, Senior Vice President o�Re0Rq f`4r? OCT. _�? r„ ; 10By. cc Charles L. Day, Assistant1936 State of California „ County of Orange On January 1st 200B before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) CHRISTOPHER J. ROACH COMM. # 1745939 NOTARY PUBLIC CAUFORNIA o 3: ORANGE COUNTY OMY comm. expires May 19, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature�� Chrg er J. Roach CERTIFICATE 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 full 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 tie date cf this Certificate. This Certificate is executed in the City of Irvine, California, Lho- th day of April , 2009 By Albert Hillebrand, Assistant /ecretary I D-1380(Wet)(Rev.07/07) PLEASE COMPLETE THIS INFORMATION A 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 Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder llllllllllllllllllllllllllllillllillllllllllllllllllllllllllllllllllllllll No FEE 200 2009000181009 08:07am 04/14/09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: NOTICE OF COMPLETION 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 Collins Builders Incorporated who was the company thereon for doing the following work to -wit: JOINT POWERS TRAINING CENTER AIV ROOM REHABILITATION PROJECT; CC #1328 That said work was completed April 1, 2009 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 April 1, 2009, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Indemnity Company of California was surety for the bond given by the said company as required by law. 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 April 8, 2009. Dir for of P b Ic Works or City Engineer City of Hun ngton 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 April 8, 2009. t. yUirectdYof Pub[' Works or City Engineer ity of Huntin on Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) b.059-TITLE PAGE (R7/95) 'f t RECEIVED BY: ,J (Name) j (Date) I i CITY CLERK RECEIPT COPY) Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: i 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. Re: Tract No. CC No. 1 MSC No. J Iln Approved -(Council.Approval-09fe) /(13 (Company Name) Agenda Item No. City Clerk Vault No. #27 g1followup/bondlefter.doc AGREEMENT THIS AGREEMENT ("Agreement") made in two (2) copies on this 28th day of August in the year Two Thousand Eight BY AND BETWEEN Central Net Operation Authority, Orange County, California, hereinafter called the "BOARD," and Collins Builders, Inc., hereinafter called the "CONTRACTOR." WITNESSETH: That the BOARD and CONTRACTOR for the considerations hereinafter named agree as follows: ARTICLE 1 — SCOPE OF WORK. The CONTRACTOR shall perform within the time set forth in Article 2 of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of: The Joint Powers Training Center (JPTC) A/V Room Remodel and ADA Improvements. Prepared by URS Cash and Associates Engineers hereinafter called the "ARCHITECT/ENGINEER," acting as and in these Agreement documents entitled the ARCHITECT; and the City Engineer of the City of Huntington Beach or a designated representative thereof hereafter called the "CITY;" and shall do everything required by the Agreement, the General Conditions of the Agreement for Construction, Supplementary Conditions, Technical Specification Sections and Drawing dated 7/15/08 and Addenda Nos. one dated 7/14/08. ARTICLE 2 — TIME FOR PROJECT COMPLETION. All work under this Agreement shall be completed in accordance with Section 6-7 of the General Provisions of these Specifications. ARTICLE 3 — THE AGREEMENT SUM. The BOARD shall pay to the CONTRACTOR for the performance of this Contract, subject to any additions and deductions provided in Article 4 of this Agreement the project documents, the sum of: Two Hundred Forty Seven Thousand DOLLARS ($247,000.00). ARTICLE 4 — PROGRESS PAYMENTS. Based upon Applications for Payment submitted to the BOARD by the CONTRACTOR and Certificates for Payment issued by the, the BOARD shall make progress payments on account of the agreement sum to the CONTRACTOR as provided in Section 9 of the General Conditions [and amended by the Supplementary Conditions]. From all progress payments, the BOARD shall retain an amount equal to ten percent (10%) of the payment ("Retention") to ensure performance by CONTRACTOR of its obligations pursuant to this Agreement. Subject to the provisions of Section 7107 of the Public Contract Code, and provided CONTRACTOR has fully performed its obligations pursuant to this Agreement, the BOARD shall release the Retention to CONTRACTOR, less any amount deducted pursuant to this Agreement, within sixty (60) days, but in no case less than thirty-five (35) days, after filing of the Notice of Completion for the Work. The payment of any progress payment by the BOARD shall not be construed as an acceptance of the WORK done up to the time of such payment. At any time during and after the progression of the Work, the Work is subject to inspection and approval of the BOARD and/or the CITY with respect to defects or discrepancies in the Work. As the Work progresses, the CITY shall exercise all reasonable diligence with respect to the discovery of defects in materials, labor or construction or of materials that are not in accordance with the Contract Documents. ARTICLE 5 — RETENTION OF SECURITIES. Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract. At the written request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to the CONTRACTOR. The BOARD retains the sole discretion to approve the bank selected by the CONTRACTOR to serve as escrow agent. Upon satisfactory completion of the contract, the securities shall be returned to the CONTRACTOR. Securities eligible for investment shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. The CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under Section 22300, the CONTRACTOR may request BOARD in writing to make payment of earned retentions directly to the escrow agent at the expense of the CONTRACTOR. Also at the CONTRACTOR'S expense, the CONTRACTOR may direct investment of the payments in securities, and the CONTRACTOR shall receive interest earned on such investment upon the same conditions as provided for securities deposited by CONTRACTOR. Upon satisfactory completion of the contract, CONTRACTOR shall receive from the escrow agent all securities, interest and payments from the BOARD pursuant to the terms of Section 22300. CONTRACTOR shall pay to each subcontractor, not later than twenty (20) calendar days after receipt of such payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to insure performance of the CONTRACTOR. ARTICLE 6 - CHANGE ORDERS. The CONTRACTOR and the BOARD agree that changes in this Agreement or in the Work shall become effective only when written in the form of a supplemental agreement or Change Order and approved and signed by the BOARD and the CONTRACTOR. Except in the event of an emergency, no Change Order shall become effective, and the BOARD shall have no liability related thereto for payment or otherwise, unless and until approved and signed by the BOARD and the CONTRACTOR. In the event the CONTRACTOR requests an "as equal" substitution, CONTRACTOR shall remain liable to The BOARD should such item ultimately be determined not to be an "as equal," notwithstanding any approval of the substitution by the CITY. The BOARD retains the right to require any alteration, deviation, reduction or addition (collectively, "Modification") to the Contract Documents and/or the Work, and the cost thereof shall increase or decrease the Contract Amount by fair and reasonable valuation thereof. No such Modification shall release or exonerate any surety upon any guaranty or bond given in connection with this Agreement. In the event of a dispute pertaining to a change in the Work, CONTRACTOR shall not be entitled to cease working on the Work pending resolution of such dispute. ARTICLE 7 - HOLD HARMLESS AGREEMENT. To the fullest extent permitted by law, the CONTRACTOR agrees to and does hereby indemnify, defend, and hold harmless the BOARD, its Board of Directors, officers, agents, and employees, the ARCHITECT, and the CITY its elected officials, officers, agents, and employees, from every claim or demand made and every liability, loss, damage, or expense of any nature whatsoever, which may be incurred by reason of: A. Liability for damages for (1) death, bodily injury, personal injury, sickness, disease, or injury to persons, (2) injury to or destruction of property, including loss of use of such property, or (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the CONTRACTOR, or any person, firm or corporation employed by the CONTRACTOR upon or in connection with the work called for in this Agreement except for liability for damages referred to above which result from the sole negligence or willful misconduct of the BOARD, or for employees, agents or independent contractors who are directly employed by the BOARD, or for defects in design furnished by such persons. B. Any injury to or death of any person(s) or damage loss or theft of any property caused by any act, neglect, default or omission of the CONTRACTOR, either directly or by independent contract, arising out of, or in any way connected with the work covered by this Agreement, whether said injury or damage occurs either on or off BOARD property, if the liability arose the negligence or -Willful misconduct or anyone employed by the CONTRACTOR, either directly or by independent contract. C. Any dispute between CONTRACTOR and CONTRACTOR'S, subcontractors, suppliers, sureties, including, but not limited to, any stop notice actions. D. The CONTRACTOR, at his own expense, cost and risk, shall defend any and all actions, suites, or other proceeding that may be brought or instituted against the BOARD, its officers, agents, or employees on any such claim, demand, or liability and shall pay or satisfy any judgment that may be rendered against the BOARD, its officers, agents, or employees in any action, suit, or other proceedings as a result of the liability and responsibilities undertaken within this Article 7. ARTICLE 8 — CALIFORNIA LABOR CODE REQUIREMENTS. A. The Work is a "public work" as defined in Section 1720 of the California Labor Code ("Labor Code"), to which Part 7, Chapter 1 of the Labor Code is applicable. Contractors and subcontractors debarred pursuant to Labor Code Section 1777.7 are not eligible to bid on, perform, or contract to perform any portion of the Work. B. Wage rates for this project shall be in accordance with the "General Wage Determination Made by the Director of Industrial Relations Pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Orange County. Wage rates shall conform with those posted at, and on file with, the BOARD Office. C. The following Labor Code sections are hereby referenced and made a part of this agreement: 1. Section 1735, Anti -Discrimination Requirements. 2. Section 1773.8, Travel and Subsistence Pay. 3. Section 1775, Penalty for Failure to Comply with Prevailing Wage Rates. 4. Section 1776, Payroll Records. 5. Section 1777.5, Apprenticeship Requirements. 6. Section 1777.6, Apprenticeship Requirements. 7. Section 1810 and 1811, Working Hour Restrictions. 8. Section 1813, Penalty for Failure to Pay Overtime. 9. Section 1815, Overtime Pay. ARTICLE 9 — RECORD AUDIT. Pursuant to Government Code Section 8546.7, if this Agreement involves an expenditure of public funds in excess of ten thousand dollars ($10,000), the parties of this Agreement shall be subject to examination by the State Auditor in the event the State Auditor audits this Agreement. CONTRACTOR shall, at the BOARD'S request, make available to the BOARD, or provide copies to the BOARD, of all records, invoices or other documents relating to the performance of the Work by CONTRACTOR and conditions at the Work site, including but not limited to daily job reports. Notwithstanding anything in this Agreement to the contrary, the obligations specified in this Article shall be specifically enforceable in an appropriate court in the County of Orange. ARTICLE 10 — CERTIFICATIONS. A. Certification of compliance with requirements for Worker's Compensation (Attachment No. 1 to Agreement) is hereby made a part of this Agreement. ARTICLE I I — FINAL PAYMENT. Final payment, constituting the entire unpaid balance of the Agreement Sum, Shall be paid by the BOARD to the CONTRACTOR, within sixty (60) days, but in no event less than thirty-five (35) days, after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the Work has been completed, the Agreement fully performed ,and a final Certificate of Payment has been issued by the CITY. ARTICLE 12 — CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT. In the event said CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, the BOARD'S General Manager or designee shall so certify to the Board of Directors of the BOARD, and if the CONTRACTOR for a period of ten (10) calendar days after receipt of written demand from BOARD to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute said work and all parts to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute said work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said ten (10) calendar days, fails to continue to do so, then the BOARD may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the BOARD to another contractor, or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the BOARD, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the BOARD, or the CONTRACTOR shall pay the BOARD the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the BOARD. ARTICLE 13 — SUBCONTRACTING. The provisions of Public Contracts Code Sections 4100 et seq. are applicable to the terms and conditions of this Agreement. CONTRACTOR acknowledges that to the extent CONTRACTOR has not specified subcontractors to perform the work specified herein, as provided in Public Contracts Code Section 4106, that CONTRACTOR agrees and states that CONTRACTOR is fully prepared, to, and shall, perform all such work as required. ARTICLE 14 — INSURANCE. CONTRACTOR shall obtain, prior to commencing the work, and maintain, during this life of this contract, and shall require all subcontractors, if any, whether primary or secondary, to take out and maintain a policy of commercial general liability insurance ("Policy"), written on an "occurrence" basis, covering: Public Liability Insurance for injuries including $1,000,000 accidental death, to any one person in an amount not less than: and Subject to the same limit for each person on $1,000,000 account of one accident, in an amount not less than: Property Damage Insurance in an amount not less $1,000,000 that Course of Construction Insurance without exclusion or limitation in an amount not less than: Insurance Covering Special Hazards: The following special hazard shall be covered by rider or riders to above -mentioned public liability insurance or property damage insurance policy or policies of insurance, or by special policies of insurance in amounts as follows: Automotive and truck where operated in amounts as above Material hoist where used in amounts as above The Policy shall provide coverage for the contractual liability assumed pursuant to Article 7 of this Agreement. CONTRACTOR shall provide an Insurance Endorsement endorsing the BOARD and the CITY, as well as their respective officers, officials, employees, and volunteers, and the ARCHITECT as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR, including materials, parts or equipment furnishing in connection with such work or operations. CONTRACTOR shall provide to the BOARD a certificate of insurance issued on a standard ACORD form issued by the insurer evidencing that CONTRACTOR has obtained the Policy ("Certificate of Insurance"). The Certificate of Insurance shall require that the insurer give notice to the BOARD no later than thirty (30) days prior to cancellation of the Policy or reduction in coverage thereof. Prior to commencement of the Work, CONTRACTOR shall obtain Workers' Compensation Insurance in compliance with Section 3700 of the provisions of the Labor Code to secure compensation for its employees, and shall maintain such insurance during the performance of the Work. CONTRACTOR shall also obtain an Employer's Liability Policy with limits of no less than $1,000,000 per accident for bodily injury or disease. The CONTRACTOR shall provide to the BOARD a certificate of insurance evidencing that CONTRACTOR has obtained the required Workers' Compensation and Employer's Liability Insurance, and the certificate of insurance shall state that the insurer will provide the BOARD with written notice no less than thirty (30) days prior to cancellation of the insurance. CONTRACTOR shall require all subcontractors performing any portion of the Work to obtain and maintain, for at least for the duration of such performance, Workers' Compensation Insurance in compliance with Section 3700 of the provisions of the Labor Code. Any deductibles or self -insured retentions must be declared to and approved by the BOARD. At the option of the BOARD, either: the insurer shall reduce or eliminate all such deductibles or self -insured retentions with respect to the BOARD, the CITY, and their respective officers, officials, employees, and volunteers, and the ARCHITECT; or CONTRACTOR shall provide a financial guarantee satisfactory to the BOARD and CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Insurance required by this section shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless the insurer is otherwise approved by the BOARD. For any claims related to the Work, Contractor's insurance shall be primary insurance as respects the BOARD, the CITY, and their respective officers, officials, employees, and volunteers, and the ARCHITECT. Any insurance or self- insurance maintained by the CITY or the BOARD shall be in excess of CONTRACTOR's insurance and shall not contribute with it. CONTRACTOR shall provide the BOARD with all required Certificates of Insurance and Insurance Endorsements prior to commencing the Work. The BOARD reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. CONTRACTOR agrees to waive subrogation that any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver subrogation. The Worker's Compensation policy shall be endorsed with a waiver of subrogation in favor of the BOARD for all work performed by CONTRACTOR, its employees, agents, and subcontractors. ARTICLE 15 — CONTRACTOR'S LICENSE. CONTRACTOR must possess a Class contractor's License, issued by the State of California, which is current and in good standing. ARTICLE 16 - -CORPORATION IN GOOD STANDING. If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that Robert Collins whose title is President, is authorized to act for and bind the corporation. [if applicable] ARTICLE 17 — PROVISIONS REQUIRED BY LAW. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction. ARTICLE 18 — SUBSURFACE HAZARDOUS MATERIALS. A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the BOARD in writing of any: Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law. Subsurface or latent physical conditions at the site differing from those indicated. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in the contract. B. Upon receipt of said notification the BOARD will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the BOARD will issue a change order under the procedures described in the General Conditions. C. In the event that a dispute arises between the BOARD and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The CONTRACTOR shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. ARTICLE 19 — LIQUIDATED DAMAGES. Time is of the essence. If the work is not completed in accordance with Article 2, above, it is understood that the BOARD will suffer damage. It being impractical and infeasible to determine the amount of actual damage, in accordance with Government Code Section 53069.85, it is agreed that the CONTRACTOR will pay the BOARD the sum of five hundred Dollars ($500.00) per calendar day for each and every day of delay until work is completed and accepted, as Liquidated Damages and not as a penalty or forfeiture. Liquidated Damages shall be compensation for CONTRACTOR's delay in completion of the Work and shall not be constructed as a penalty or forfeiture. In the event the same is not paid, the CONTRACTOR further agrees that the BOARD may deduct the amount thereof from any money due or that any become due the CONTRACTOR under the Contract. This Article does not exclude recovery of damages under provisions of the Agreement Documents. ARTICLE 20 — COMPONENT PARTS OF THE AGREEMENT. The Agreement entered into by this Agreement consists of the following identified Agreement Documents, all of which are component parts of the Agreement as if herein set out in full or attached hereto: [check] ® Notice Inviting Bids ❑ Information for Bidders ® Bid Form ® Bid Bond ® Designation of Subcontractors ® Non -Collusion Affidavit ❑ Site Visit Certification ❑ DVBE Certification ® Addenda (No(s). _1_, ® Agreement ® Performance Bond ® Payment Bond ® Certification of Workers' Compensation ❑ Certification of Drug -Free Workplace ® General Conditions ❑ Supplementary General Conditions ® Special Conditions ❑ Project Construction Schedule ® Plans and Specifications ❑ Drawings ❑ Change Orders ❑ Shop Drawing Transmittals ❑ Information Required from Bidder ❑ Prequalification Form ❑ Contractor's Certification Regarding Non -Asbestos Containing Materials ❑ Escrow Agreement in Lieu of Retention ❑ Prevailing Wage Scale El All of the above named and designated Agreement Documents are intended to be complementary. Work required by one of the above named Agreement Documents and referred to by others shall be done as if required by all. 0 ARTICLE 21 — ENTIRE AGREEMENT. The complete contract as set forth in Article 1 and Article 20 of this Agreement constitutes the entire Agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed, exists between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties and pursuant to action of the Governing Board of the BOARD. ARTICLE 22 — AUTHORIZED REPRESENTATIVES. Each person signing this agreement on behalf of CONTRACTOR represents that he or she is duly authorized to act for -and legally bind the CONTRACTOR. �- CONTRACTOR <By By Bill Walker Chair, CNOA, Board of Directors Official Title Address a D ane Olson q la Vice Chair, CNOA, Board of Directors /� Approved As to Formby (Legal Counsel) MV q,.,($ pQ SECTION C PROPOSAL for the Joint Powers Training Center (JPTC) AN Room Remodel & ADA Improvements CASH CONTRACT No. 1328 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 � � c) � in the amount of $2—YRGcs 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 B,idd ' Sign- t'ure I C-2 PROJECT IBID SCHEDULE Joint Powers Training Center (JPTC) A/V Room Remodel & ADA Improvements CASH CONTRACT NO. 1328 TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ 2Lf lj 000 TOTAL AMOUNT LUMP SUM BID IN WORDS: `G i 7W eag- A 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 (Y) Name of Subcontractor and Address State License Number Class SAPPI cGOz T �f S�-QkAriz Yzir , `766 i _z By submission of this proposal, the Bidder cert' ies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. ?. 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 ofOice and Telephone Number Type of Material or Product and Model(s) Nuinber(s) CA -W-.5,56 -1500 9"12041 Dio Ave. [W) - ,,7 da, r5e-,�tct &IIIrEl,' AlcJi(l-;alf 4 mi(cAl 63 �f 2-'5 4 L, Aiiak-w C^ C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is Re-f-I 1jCZ7 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 anybidder 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. 61a. Name SUSAN L. CAINE Commsion t596755 'Signature of Bidder -e I�ot�ry Rac - CoNfom ', � Ot.qnge County �3?j roc. Ex�,►�,, .yaw �p f ovi Address of Bidder u Subscribed and sworn to before me this r,� day of , 20 Q , NOTARY PUBLIC NOTARYSEAL CW 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 Joint Powers Training Center (JPTC) A/V Room Remodel & ADA Improvements, (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 farm liar 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: 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-yiolation of law or a safety regulation? ❑ Yes <�Q' If the answer is yes, explain the circumstances in the space 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: -v (1 Contractor e11,/I��� By 'Fe�i'J Title C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER k (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 forrn 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- l 0 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: el,�_Oliifi5 15ail Bidder Name V 34Z- 6 ,UiarJ S- Business Address Telephone Number 525463/) State Contractor's License(No. and Class 3107- 4�38 Original Date Issued 0:.- f-040 Expiration Date ` work as inspected by ''6 site_ w, 20 06 . of our office on foll�iwirrg ra e persons, sfir rrs;�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. /7 1 1 �6 .1 jo C-61A.'05 * ill �S�. )/ F-1r,-r-t C1 ..- C� l bx Printed or Typed Signature 'ac "-A Address of Bidder (�I ) bkzj6on Telephone Number 1---/1 Subscribed and sworn to before me this day of , 2�• NOTARY PUBLIC 1 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:LIM �l d �yy , 3. Name and Address JOAO Name and Telephone No. of Project Manager: 03Z 3 C), n 0 0 �JQ '; VIJ dn Ac k - [a,,, C JU)'_1 /0 Contract Amount V Type of Work ` ) Date CoA pleted lr�uf��0 J C�L�C3 l �a���lC i Q ail, ���t ���� ��, �1I � Lt:�. CA Name and Address Name and Telephone No. of Project Manager: <lL441 Al'-z ( ) 06 �5 Contract \Amount Type of Work Name and Address Name and Telephone No. of Project Manager: 4 2&0, () )n I✓cdlife'rwm1 J tit., --IA'I'-Aeltr'<iqe' /ball, Contract Amount Type of Work V J Date Completed /0 C-13 4D:m INSCO INSURANCE SERVICES, INC. onsclr® Underwriting Manager for: tL 1] ) Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Collins Builders, Inc. as Principal, and Developers Surety and Indemnity Company BOND NO. N/A a corporation authorized to transact a general surety business in the State of Iowa as Surety, are held and firmly bound unto the City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of Ten Percent of the Total Amount of the Bid Dollars, ($ 10% ) 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 Joint Powers Training Center (JPTC) AN Room Remodel and ADA Improvements - CC 1328 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 24th day of July 2008 YEAR Collins Builders, Inc.,, 1 By: Principal, ID-1198 (Bid Bond) (REV. 1/01) Developers Surety and Indemnity Company Surety John Kookootsedes Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On July 24, 2008 before me, Deborah Priest -McGinn, Notary Public personally appeared John Kookootsedes DEBORAH PRlE8T MC6MIPi Commission g► 1757753 tdotary Public - Callfortdo Orange County MirCOTM E,Oes" 14.2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws. of the State of California that the foregoing paragraph is true and correct. WITNESS my Oand and official seal. Signature Place Notary Seal Above 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: Number of Pages 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 ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Guardian or Conservator ❑ Other 77 Signer is Representing POWER OF ATTORNEY 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 as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***John Kookootsedes, Brad L. Settgast, 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 surety- ship giving and granting unto said Attorneys) -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 Attorney(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 January 1st, 2008. 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 attorney(s) named in the Powers of Attorney 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 maybe 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 corporations 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 Vice President and attested by their respective Assistant Secretary this January 1st, 2008. iaarnu „r,�r t By: t Atat1 ?AN YC� Stephen T. Pate, Senior Vice President s`� „ Q Pc3R q +'�.,� O�kPOIy� G, Ito h OCT, z ua 10 ` OCT- 5 � ^ By: `. ;' Q = ups 1967 Charles L. Da Assistant Secretary1 3 6 IFO State of California County of Orange On January 1st, 2008 before me, Christopher J. Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Dz Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of CHRISTOPHER1 ROACH which the person(s) acted, executed the instrument. comm. # 0 NOTARY PUBLIC CAUFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph isORANGE true and correct. @,My comm, „soms Wy 19, 2011 WITNESS my hand and official seal. Place Notary Seal Above Signature _ � Chr erJ. Roach CERTIFICATE 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 full 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 die date of this Certificate. This Certificate is executed in the City of Irvine, California; the 24t-4ay of July, 2008 By: - '�4�Albert Hillebrand, Assistant ecretary ID-1 380(Wet)(Rev.07/07) State Of California .CONTRACTORS STATE- LICENSE BOAP61** °°"" ACTIVE LICENSE':' ; AHah- ro<ns:w 525783 CORP COLLINS BUILDERS INCORPORATED oi..�omo^cs, B 03/31 /2010 Any charge of business address/name must be reported to the Registrar within go days. This license is not transferrable, and shall be returned to the Registrar upon demand when suspended, revoked, or invalidated for any reason_ This pocket card is valid through the expiration date only. If found, drop in any mailbox. Postage guaranteed by: Contractors State License Board P.O. Box 26000, Sacramento CA 95826 Licensee Signature RECEIVED BY: (Name) (Date) TO: Shari Freidenrich, City Treasurer FROM: " 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. Gu antee and Warranty Bond No. Re: Tract No. CC No. _24� MSC No. Approved [r'nunril ATnrnv ��) d or�f �6 (Company Name) Agenda Item No. City Clerk Vault No CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating #27 g1followup/bondletter.doc Executed in Duplicate KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 728336P Premium: $6,175.00 This premium is based on the contract price and subject to adjustment based on the final contract price. WHEREAS, City of Huntington Beach (hereinafter referred to as "City') has, by written agreement dated August 28 , 2008 , entered into a contract with Collins Builders Inc. —18342 Gothard St. - Huntington Beach, CA 92648 (name and address of Contractor) (hereinafter referred to as "Principal', for performance of the work described as follows: The Joint Powers Training Center (JPTQ A/V Room Remodel and ADA Improvements (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 Indemnity Company of California — 3517 Camino Del Rio South, Suite 200 — San Diego, CA 92108 (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 Two Hundred Forty Seven Thousand and 00/100 Dollars ($247,000.00 ) 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 THE 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 277591.1 PERFORMANCE BOND Page t of 2 Bond No. 728336P 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 §§ 2845 and 2849. This 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 executed this bond. Dated: September 26, 2008 ATTEST (Corporate Seal) ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) Collins Builders, Inc. Principal Name) By: Nam � ?� T � Afir Title: Indemnity Company of California (Surety Name) By: —<::z - Name: John Koo ootse s (Signatur4 of Attrney-in-Fact for Surety) (949) 365-5100 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH t By: (r Jennifer McGrath 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. 277591-1 PERFORMANCE BOND Page 2 of 2 State of California County of Orange On September 25, 2008 before me, Sandra H. Lee, Notary Public personally appeared John Kookootsedes who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws. of the State of California that the foregoing paragraph is true and correct. WITNESS my haryJ and official seal. 4 Signature l� Place Notary Seal Above Z 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: Number of Pages: 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 ❑ -Guardian or Conservator ❑ Other: Signer is Representing: Signet's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Guardian or Conservator ❑ Other Signer is Representing: Bond No. 728336P Executed in Duplicate KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City') has awarded to Collins Builders, Inc. —18342 Gothard St. — Huntington Beach, CA 92648 (name and address of Contractor) (hereinafter referred to as "Principal", a contract ("Contract") for the work described as follows: The Joint Powers Training Center (JPTC) AN Room Remodel and ADA Improvements (Project Title) WHEREAS, said 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, as Principal, and Indemnity Company of California — 3517 Camino Del Rio South, Suite 200 — San Diego, CA 92108 (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 Two Hundred Forty Seven Thousand and 00/100 Dollars ($247,000.00 ) this amount being not less than one hundred percent (100%) of the 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 THE 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 ro 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 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. Inr 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, 277591.1 PAYMENT BOND Page 1 of 2 Bond No. 728336P extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly executed this bond. Dated: September 25, 2008 ATTEST Collins Builders, Inc. (Corporate Seal) rincipal Name) y. Name: / Title: ATTEST Indemnity Company of California (Corporate Seal) (Attach Attorney -in -Fact Certificate) (Surety Name) By: Name: John Kooko tsede (Signature Af Attorney -in -Fact for Surety) (949) 365-5100 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By. Jennifer McGrath 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. 277591.1 PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On September 25, 2008 before me, Sandra H. Lee, Notary Public personally appeared John Kookootsedes who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws' of the State of California that the foregoing paragraph is. true and correct. WITNESS my nd and official seal. r. Signature —fi•' Place Notary Sea! Above Signature of Notary Public 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: Number of Pages: 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 ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Guardian or Conservator ❑ Other Signer is Representing: POWER OF ATTORNEY 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 as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***John Kookootsedes, Brad L. Settgast, jointly or severally*** as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship 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 Attorney(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 January 1st, 2008. 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 Attorney 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 corporations 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 Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By: �+ AND Stephen T. Pate, Senior Vice President °moo¢ �r= <ar ? OCT, '; { swf 10 rr By: Charles L. Day, Assistant Secretary =a}' 1936 rA State of California County of Orange On January 1st, 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Da Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Chr er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full 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 25th�y of September, 2008 By Albert Hiilebrand, Assistant ecretary ID-1380(Wet)(Rev.07/07) Company Profile Page 1 of 2 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Company Performance & Comparison Data Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area Financial Rating Organizations View Financial Disclaimer COMPANY PROFILE Company Information INDEMNITY COMPANY OF CALIFORNIA P.O. BOX 19725 IRVINE, CA 92713 800-782-1546 Old Company Names Effective Date TRANSNATIONAL CASUALTY INS CO 08/12/1976 back to top Agent For Service If you are unable to locate the agent for service of process, please call the CA Departm+ at(916) 492-3556. back to top Reference Information NAIC #: 25550 California Company ID #: 1926-5 Date Authorized in California: 08/20/1968 License Status: UNLIMITED -NORMAL Company Type: Property &Casualty State of Domicile: CALIFORNIA NAIC Group List NAIC Group #: 0075 INSCO DICO GRP back to top Lines Of Business 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 http ://interactive.web.insurance. ca. gov/companyprofile/companyprofile?event=companyPr... 9/30/2008 Company Profile Page 2 of 2 © 2008 California Department of Insurance http://interactive.web. insurance. ca.gov/companyprofile/companyprofile?event=companyPr... 9/3 0/2008 1. Requested by: David Verone i?q 7 / SEp 2 5 2008 2. Date: September 24, 2008 City of Huntington Beacn 3. Name of contractor/permittee: Collins Builders, Inc. city Attorney's office 4. Description of work to be performed: Remodel Joint Powers Training Center 5. Value and length of contract: $247,000.00 and 110 Working Days 6. Waiver/modification request: $2,500.00 deductablel 7. Reason for request and why it should be granted: Minor deductable cost 8. Identify the risks to the City in approving this waiver/modification: none Head Signature g Z-4-na5 Date: v APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and thq City Attorney's ffi a disagree. 1. tkManagementpproved El /,� � Signature Date 2. City Attorney's Office XApproved El Denied 7 eslod Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services waiver form.doc 9/24/2008 4:06:00 PM 09/24/2008 14:42 949-276-5522 ISU TASMAN LLC PAGE 02/07 ® DATE (MM1DDNY) � q�' CERTIFICATE OF LIABILITY INSURANCE ` 09/24/08 PRODUCER Tasman Insurance Services, LLC 3 5ablewood Circle THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Ladera Ranch, CA 92694 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A; James River Insurance Companyualty Co ! 12203 INSURER B: Victoria Fire & Casmpany 42889 Phone (949)275-5515 Fax (949)275-5622 SURED Collins Builders, Incorporated rm— 18342 Gothard St INSURER C: Huntington Beach, CA 92648-1227 INSURER D: Contractors Lie,#525783 INSURER E: COVERAGES INSURER F: THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR OQNDITION 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. 1 TYPE OF INSURANCE POLICY NUMBER PD `TEYMMIDDIYYE A oars rvl oorvTIONLIMITS 91INSRADD'L GENERAL LIABILITY EACH OCCURRENCE $1,000 000! PRREMSES( aocourence)GE TO RENTEU- $100,000 COMMERCIAL GENERAL LIABILITY 00030512 03/14/08 03/14/09 MED EXP (Any one person) $5, 000 LTJ CLAIMS MADE © OCCUR A ❑f !] EP RSONAL & ApV INJURY $1, 000, 0001 Q GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIE$ PER: PRODUCTS - COMP/OP AGG $2, 000, 000 Deductible $2,500' I © POLICY [] PROJECT ❑ LOC I i AUTOMOBILE LIABILITY C ANY AUTO .5513535 11 /27/07 11/27/O8 COMBINED SINGLE LIMIT a accident) $1,000, p00 BODILY INJURY (Per person 13 Q W ALL OWNED AUTOS LV SCHEDULED AUTOS © HIRED AUTOS C NON OWNED AUTOS f BODILY INJURY (Per accideng i No Liability _ _ PROPERTY DAMAGE (Pcraecldent I Deductible/SIR _ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN EAACC AUTO ONLY: AGO U ; ❑ ANY AUTO ( EXCESSNMSRELLA LIABILITY I EACH OCCURRENCE AGGREGATE i OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYER57 LIABILITY { JENNIFER WGRA ] WC STATU- OTH LIMITS ER E.L. EACH ACCIDENT ANY PROPRIETOR I PARTNER I EXECUTIVE OFFICER 1 MEMBER EXCLUDED? If yea, describe under SPECIAL PROVISIONS below ' - E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT ; OTHER �--J DE RIPTION OF OPERATIONS I LOCATION,% 1 VEHICLES I EXCI_US16NS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Certificate Holder named as Additional Insured per Form #CG 2010 07104 *10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION H SHOULR ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Huntington Reach its Agents, 30" DAYS WRITTEN NOTICE TO THE CERTIFICATE HOt_PI R NAmr=D TO Officers and Employees THE LEFT, BUT FAILURE TO 00 $0 SHALL IMPOSE NO OBLIGATION OR LIABILITY 2000 Main Street OF ANY KIND UPON THE INSURER R REPRESENTATIVES_ AUTHORIZED REPRES00 P.Q. 13AX 190 Huntington Beach, CA 92648 LIB MORENO --- ACORD 25 (2001108) QF C ORD CORPORATION 1998 09/24/2008 14:42 949-276-5522 ISU TASMAN LLC PAGE 03/07 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001f08) QF 09/24/2008 14:42 949-276-5522 ISU TASMAN LLC PAGE 04/07 POLICY NUMBER: 00030512 James River Insurance Company COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered O erations City of Huntington Beach, its Agents, Officers & Em- Joint Powers Training Center AN Room Re- ployees model and ADA Improvements Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 11 09/24/2008 14:42 949-276-5522 ISU TASMAN LLC PAGE 05/07 Policy dumber: 000305I2 CG 20 37 07 04 Jaynes River Insurance Company Effective Date: 03/14/2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR. CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under fire following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of ,Additional Insured Fersoa(s) Or Or aixizatiola s Location And Description Of Completed Operations City of Huntington Beach, its Agents, Officers & Employees Joint Powers Training Center A/V Room: Remodel and ADA Im rovements Information required to complete this Schedule if not shown, above will be shoran in the Declarations, Section Ix - Who Is .An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused., in whole or in part, by "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 CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page I of I 0 09/24/2008 14:42 949-276-5522 ISU TASMAN LLC PAGE 05/07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION AS REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS The Company agrees to waive any right of recovery against any person or organization, as required by written contract, because of payments we make for injury or damage which is limited to liability directly caused by "your work" which is imputed to such person or organization. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. James River Insurance Company Policy No.: 00030512 AP5004US 11-06 Page 1 of 1 09/24/2008 14:42 949-276-5522 ISU TASMAN LLC PAGE 07/07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following, ALL COVERAGE PARTS Any coverage provided to an Additional Insured scheduled in endorsement CG 2010 or endorsement CG 2037 (when either is attached to this policy) shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any outer basis unless: 1) a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis; or 2) prior to a loss, you request in writing and we agree that this insurance shall apply on a primary and non-contributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. James River Insurance Company Policy no.: 00030512 AP5031US 05-07 Page 1 of 1 MAP 0 , `0� TEL p10: 5b93099 IkE73�ir FADE: - DATE (MMIDDIYYYY) AC-0-R.-P. CERTIFICATE OF LIABILITY INSURAW"PE 03/O7/20D8 PRODUCER (714) 569-2700 FAX (714) 569-3099 THIS CERTIFICATE IS IS SUED AS.A MATTER OF INFORMATION Pridemark-Everest Insurance Services, Inc. ONLY AND CONFERS No RIGHTS UPON THE -_ERTIFICATE A Leavitt Group Co #OF13098 HOLDER. THIS CERTIFICATE DOE',i NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1920 E. First Street, Ste 500 Santa Ana, CA 92705 INSURERS AFFORDING COVERAGE NAIC # INSURED Collins Builders, Incorporated INSURER Contra,_tors 4ccess Program DIR #4505 18342 Gothard Street INSURER **Majestic Iis Co #;S107OOO1-02 Huntington Beach, CA 92648 INSURER INSURER D INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE 'OLICY PEI JOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE RIAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TE RMS, EXCL JSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE IMM1DD1YY1 POLICYDATE DATE (bXP9 PIRAW IN LIMITS GENERAL LIABILITY EACH CC JURRENCE $ COMMERCIAL GENERAL LIABILITY �L AIMS (\4ADE OCCUR DAMAGE fO RENTED -PREMISE (Ea na-urence' ¢ MED EXF (Any one person $ $ PERSON: L& ADV INJUR) GENERAL AGGREGATE $ G EN'L AGGREGATE LIMIT APPLIES PER PRODUC S COMPIOP A 3G $ POLICY PRO - =CT LOC AUTOMOBILE LIABILITY APJ'Y AU 10 COMBINE D SINGLE LIMIT (Ea acod, �U ¢ ALL OWNED AUTOS SCHEDULED AUTOS BODILY II JURY (Per persc 1) $ HIRED AUTOS NON -OWNED AUTOS $ BODILY II JURY (Per acod •nt) PP,OPERIY DAMAGE (Per accid nt) $ _ GARAGE LIABILITY AUTO ON Y - EA ACCIDEIT ¢ ANY AUTO OTHER TI AN EA A"CAUTO ON Y ,AGG $ EXCESS/UMBRELLA LIABILITY ..� EACH OC ;URRENCE r $ OCCUR CLAIMS MADE '$ AGGREG, TE DEDUCTIBLE $ RETENTION T $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY FRORRIETORlPARTNERIEXECUTIVE CAP0208261 DIR # 4505 02/01/2008 01/1711./20D X WC CTH- TOR_ "LIMIT." E L EACF ACCIDENT _ _ $ 2, 00o, o0 " E L DISE, SE - EA EMPLC IE -- $ 2, o00, 00 OPFICEB,MEMBER EXCIi Ir_ves, describe under EL DOSE,SE-POLICYLILIIT $ 2,000,00 SPFCIALPROVISIONSbelow OTHER Reinsurance MAJESTIC INS CD 01/01/2008 01/01/2009 Cov A Statutory X 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS—� —� '10 days notice of cancellation respects non-payment of premium and/or nor; -reporting of payroll. !`CDTICI!'ATC UnI MCD !`AAI!`CI I A'rlr%K1 SHOULD ANY OF THE ABOVE DE>CRIBED POL CIES BE CANCIELLED BEFORE THE EXPIRATION DATE THEREOF, TH E ISSUING IN: BRIER WILL ENDEAVOR TO MAIL 3Q_ PAYS WRITTEN NOTICE -O THE CERT FICAI"E HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL_ SUCH NO" ICE SHALL IA POSE NO OBLIGATION OR LIABILITY F ANKIND UPON THE INSURER, ITS AGENT'' OR REPRESEI,TATIVES. Insured's Copy REPRESENTATIVE rAUTH.RIZYED Wells/B05HAD , f!, ACORD 25 (2001108) rbh ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be encorsed. A! tatement on this certificate does not confer rights to the certificate holder in lieu of such en iorsemen :(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pc licies may require an endorsement. A statement on this certificate does not confer rights to :he certific ate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute 0 contract )etvveen the issuing insurer(s), authorized representative or producer, and the certificate colder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies liste d thereon. ACORD 25 (2001M) City of Huntington Beach CC-1328 Joint Powers Training Center (JPTC) AN Rooms Remodel & ADA Improvements Bid Opening: July 29, 2008 @ 2:00 P.M. Engineer's Estimate: $95,000 R k Bidder's Name Bid Amount Corrected Bid Amount ICollins Builders, Inc. ;� a D'Ambra, Inc. JM General Contractor Pointer Enterprises, Inc. Unique Performance Construction, Inc. Cat C\j Eli HGANO yfoj SAWAM 00 :z W18 R -iff Buz (WAINAZI pi. V32 NOWNIM"! so A All'.) 0 A A 1 A J A i-I.Iq 113,122 NUTAIMPH do A W" ATOW My", GG :1 6z IfIr BOOZ City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Joint Powers Training Center (JPTC) AN Doom Remodel and A®A Improvements CC 1328 July 14, 2008 Notice to All Bidders: Please note the following revision to the project, Specifications: The following shall be deleted from the Specifications: Section "A" - Bid Opening date Change the Bid Opening date from July 22 2008 to July 29, 2008 This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated July 14, 2008. Company Name Date E All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Davifd Veropne at (714) 374-8471. -1 of 1 7// 7/0F SECTION A NOTICE INVITING SEALED BIDS For the Joint Powers Training Center (JPTC) AN Room Remodel & ADA Improvements 18301 Gothard Street, CASH CONTRACT NO. 1328 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 July 22, 2008. 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. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are 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. 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. 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: A/V Room Remodel & ADA Improvements at the Joint Powers Training Center. • The project schedule is 45 working days. • The Engineer's estimate for the work included in the contract is $93,560.00. All questions shall be directed to: Contract Administrator: David Verone City of Huntington Beach Phone: (714) 375-8471 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: /s/ Joan L. Flvnn CITY CLERK OF THE CITY OF HUNTINGTON BEACH 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 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): July 10, 17, 2008 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 17, 2008 at Huntington Beach, California Signatur NOTICE INVITING SEALED BIDS For the Joint Powers Training Center (JPTC) A/V Room Remodel & ADA Improvements 18301 Gothard Street, (ASH CONTRACT N0.1328 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 July 22, 2008. Bids will be publicly open in the Council Chambers unless otherwise posted. , Copies of the Plans, 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 nonrefundable fee if mailed via U.S.P.ostal Service, FedEx, UPS or any other delivery, service. Any, contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of. California, which are on file at the Office of the Director of PublicWorks, 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 provi- sions 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. 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. Pursuant to the amended Public Contract Code Section 3400, Contractors are now. required to submit all substitution requests for.equal materi- als 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: A/V Room Remodel & ADA Improvements at the Joint Powers Training Center: ❑ The project schedule is 45 working days. ❑ The Engineer's estimate for the work included in the contract is $93,560.00. All questions shall be directed to: Contract Administrator: David Verone City.of Huntington Beach Phone: (714) 375-8471 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: loan L. Flynn CITY CLERK OF. THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent July 10,17,2008 072-948 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): July 10, 17, 2008 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 17, 2008 at Huntington Beach, California 1 ` Sign re NOTICE INVITING SEALED BIDS For the. Joint Powers Training tenter (JPT() A/V Room Remodel & ADA Improvements 18301 Gothard Street, CASH CONTRACT NO.1329 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 July 22, 2008. Bids will be publicly open in the Council Chambers unless, otherwise posted. Copies of the Plans, 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 nonrefundable fee if,mailed via U.S.Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each, craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are 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 provi- sions 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.sha11 be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. - 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. Pursuant to the amended Public,Contract Code Section 3400, Contractors are now .required to submit all substitution requests for equal materi- als 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: A/V Room Remodel & ADA Improvements at the Joint Powers Training Center. ❑ The project schedule is 45 working days. ❑ The Engineer's estimate for the work included in the contract is $93,560.00. All questions shall be directed to: Contract Administrator: David Verone City of Huntington Beach Phone: (714) 375-8471 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. /s/ Joan L. FI CITY CLERK OF THE CITY OF HUNTINGTON BE. Published Huntington Beach Independent. 10. 17.2008 072 City of Huntington Beach CC-1328 Joint Powers Training Center (JPTC) AN Room Remodel & ADA Improvements Bid Opening: July 29, 2008 @ 2:00 P.M. Engineer's Estimate: $95,000 Rank Bidder's Name Bid Amount Corrected Bid Amount Collins Builders, Inc./t4f;, 0,^ D'Ambra, Inc. JM General Contractor Pointer Enterprises, Inc. Unique Performance Construction, Inc. coo City of Huntington Beach, Department of Public Works Plan Holders List Engineer: David Verone Account #: -7E,4op-70tE. L{ $SS•®Bid Open Date: July 29, 2008 Time: 2:00 PM Cost (Pickup): $20 Cost (Mailed): $30 Engineer's Est.: $95,000 Location: COUNCIL CHAMBERS Job CC #: CC-1328 Title / Desc.: AV Room Remodel and ADA Improvements Bid Advertise Dates: 7/10/08, 7/17/08 Plans: Yes Spec: Yes Sec. C: Yes Addendum 1 Date: Addendum 2 Date: � p Company Name Nor) .�`wi., Address Phone Contact Name Numher Fax Receipt Date / Who Mail or Number No_ Sold Plans Pickun Date / Who Add to E-Bid Email 11'115 U5 2 y +1 {-� ►'' Sri .set . Rck Kr" Guy i� (i vt) a 4 2- 63 0 v� L-(0-3( �, ��� -71-13 Uq-, P/�-► L .;A 01 tz �-�n. �. , /-�4 �q� L 3 M I) C��t> 4 t%-i.5-7 -� z o zs ©% O-C-0-i w . z-t't o 52- 1"1-1 t9w�CGtI C'A r L_ 4 �� �� ���_ �Z� �� �3) -7�� � �� o � Cam.•, ��1�� i ���ra�- �� .� � ��..� dil ac\ CA e -)-(c �, � 5 C wk3vG c I �� — �c3�Y�C`� 't M.� L- GS 6 7 8 Page 1 of GAConstruction Contracts (CCs)\CC1328\SPECIFICATIONS\Front Counter Plan holders 1320-As - `` ' ti ' I COLLINS BUILDERS, INC. Since 1959 Design Engineering . Construction Services 18342 Gothard Street Huntington Beach, CA 92648 800.699 1644 �uEs� 714.842.6911 Fax Hebert Balanta 1`�on�eg,�o✓ Design Services heoertPcollinsbuilders.com CA. LIC .525783 www.collinsbuilders.com _.LICENSED_BONDED_8 INSURED _ LIC. #766910_ P1 N T E R RPRISES, INC. Rania Guirguis 9121 Atlanta Ave #410 Huntington Beach, CA 92646 714-842-6317 (p) 714-842-6319 (f) rania@pointer-enterprises.com www.pointer-enterprises.com License # 828475 Joint Powers Training Center (JPTC) C SECTION C PROPOSAL for the Joint Powers Training Center (,IPTC) AN Doom Remodel & ADA Improvements CASH CONTRACT No. 1328 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 03 C-2 PROJECT BID SCHEDULE Joint Powers Training Center (JPTC) AN Room Remodel & ADA Improvements CASH CONTRACT NO. 1328 TOTAL AMOUNT LUMP SUM BID IN FIGURES: TOTAL AMOUNT LUMP SUM BID IN WORDS: $ 2 Lf ; U 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 Ob S F)UM711 H71kV'Vqfy.'w4 - IVI I *-W Pf I M iL(kk WOMIV, DA (-33 rl - 1�v 1 We, e� -CIA C, 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. ?. 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 O ice and Telephone Number I and Model(s) Numbers) c-s NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH DID State of California ss. County of Orange �a J04Z4 HA%i 8 A m/ , being first duly sworn, deposes and says that he or she is of �,��,,,� fl ,,,,.�,.,c the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, 0* �ndiscfo`sed 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 f Bidder SignatZe of Bidder PHILI_IF R. GUSTAVSON — zo COMM #1786805 0 (0) NOTARY r'UbLIC -CALIFORNIA ca j ORANGE COUNTY My Comm. /✓ 064 %� \��. A,n eas b,,t4cf � Expires 21, 2C12 �,, Address of Bidder C A IQ 2 Subscribed and sworn to before me this �� day of , 20 44*4L NOTARY PUBLIC NM Oki 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 Joint Powers Training Center (JPTC) A/V Room Remodel & ADA Improvements, (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 fami liar 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: Contract r 1-tl� kAA PS ha--4� 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 , 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. Date: Contrac r 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: Contrac or 4 By f � o-L Title Date: .��� y 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: 10 .. ► Warp, Business Address ��& ft�A P ( 6 - � (q) ul-ul< - %10-4 Telephone Number I A- -go igloo - 13 State Contractor's License 14o. and Class i") 1 0(0 bm Original Date Isspied Expiration Date The work site was inspected by �'�e�t'�T � &bti--y0 of our office on 20• 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. Com any Name e Signature of Bidder Printed or Typed Signature klrek -Alb r. Address of Bi (q1--) 6 4 5— 5 a .L-5 Telephone Number r CA`, 74 Subscribed and sworn to before me this day of , 200K NOTARY PUBLIC �2 a '140Tn4Ve PUBLIC CALIFORNIA -j m' ORANGE COUNT(O m/ Comm vspiras April 20, 201 i NOTARY SEAL C-12 Listed below are the names, address and telephone numbers for thr public gencies for whicwa the bidder has performed similar work within the past five years: r ��A . V(/"�/ 2. 3. 0 Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-13 Unique Performance Construction Inca 1931 Newport Blvd. # D Lic# 801860 B Costa Mesa, CA 92627 949-645-5025 949-631-7591 Fax References Project Name Location Type Owner Contact person Phone work as Initial Final Start Finish fire Station Santa ana Moderniza- city of santa ana Terry Doughrety 714-615-0891 Contractor $358,500 $400,000 10/01/07 02/15/08 No.7 ion Central restroom Santa ana Moderniza- city of santa ana Terry Doughrety 714-615-0891 Contractor $250,000 $275,000 08/25/06 01/07/07 remodeling ion Ball Wall Rancho Cucamonga Masonry Central School Rober Dalton 909-989-8541 Contractor $15,000 $15,000 12/24/05 01/06/06 District Fee Booth 32250 La Pata Ave New Orange County Rich Huffmire 949-728-3088 Contractor $250,000 $250,000 05/12/05 07/18/05 Replacement San Juan capistrano building Bear Gulch ES 8355 Bear Gulch pla Lunch Central School Rober Dalton 909-989-8541 Contractor 133,000 136,000 06/01/04 08/24/04 Rancho Cucamonga, shelter District Brea Senior 500 S. Sievers Moderniza- City of Brea Richard Mitchell/Inspector 714-990-7769 Contractor 85,000 93,000 02/23/04 04/25/04 Center Brea, CA 92821 tion Acoustical wall 300 Centennial Way Moderniza- City of Tustin Gary McGill / Owner 714-573-3332 Contractor $11,539 $13,350 08/15/03 09/15/03 Panels Tustin, CA 92780 tion 08/15/03 08/22/03 Apple Valley High 22974 Bear Valley R Moderniza- Apple Valley Margaret Sepp / Owner 760-247-8001 Contractor $72,975 $75,000 06/24/03 07/15/03 School Apple Valley, CA923 tion Unified School D. Tom Dorow / DSA 760-948-1445 06/24/03 07/13/03 Office modification 30940 Hawthorne. Moderniza- City of Rancho Mark Campbell / Inspector 310-544-5228 Contractor $42,000 $45,500 12/21/02 01/15/03 R.P.V., CA90275 tion Palos Verdes Billy Mitchell 4161 W.147th st. Moderniza- Lawndale School Mutaz Ascha / Contractor 714-624-9000 C.M. $1,500K $1,550K 09/30/01 09/30/02 Elementary School Lawndale, CA 90260 tion District Richard Ohle / DSA 310-995-5170 09/30/01 10/30/02 William Green 4520 W. 8th street Moderniza- Lawndale school Mutaz Ascha / Contractor 714-624-9000 C.M. 00K $2,5600K $2, 10/15/99 12/15/01 Elementary School Lawndale, CA 90260 tion1800-598-1970 District Tony Quinonez / DSA 10/15/99 02/26/02 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Joint Powers Training Center (JPTC) AN Room Remodel and ADA Improvements CC 1328 July 14, 2008 Notice to All Bidders: Please note the following revision to the project, Specifications: The following shall be deleted from the Specifications: Section "A" - Bid Opening date Change the Bid Opening date from July 22, 2008 to July 29 2008 This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number one, dated July 14, 2008. VA%4&-z CO'Ify Nam By Date 61-6- s All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Davifd Veropne at (714) 374-8471. -1 of 1 FINANCIAL PACIFIC INSURANCE COMPANY P.O. Box 292220, Sacramento, CA 95826 BID BOND B907059 BID DATE 07/29/2008 KNOW ALL MEN BY THESE PRESENTS: That we Unique Performance Construction, Inc. as Principal, hereinafter called the Principal, and FINANCIAL PACIFIC INSURANCE COMPANY of Sacramento, California, a corporation duly organized under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of amount bid ($ 10% of bid), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to the Obligee for: Joint Powers Training AV Room Remodel & ADA Improvements NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specific, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this 28th day of July, 2008. Financial Pacific Insurance Company (Surety) Janelle L..Miller, Attorney -in -Fact Unique Performance Construction, Inc. By: (Principal) LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER B907059 POWER NUMBER 907059 PRINCIPAL Unique Performance Construction, Inc. PENAL SUM 100/oof amount bid KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the- "Company"), does hereby make, constitute and appoint: Janelle L. Miller, Jeff Aase, Will Mingrarn, Christopher M. Haenel its true and lawful Attorneys -in -Fact, with limited power and authority for and on behalf of the Company as surety, to execute; deliver �amd affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances'or,•other`writteA obligations in the nature thereof as follows: Bid, Performance, Payment, Subdivision and:,-Miscellauea' fonds up to $1,500,000.00 and to bind the Company thereby. This Power of Attorney is signed` and sealed by=fafsllnileunder and by the authority of the -following resolutions adopted by the Board of Directors of Financial Pacific 4fisurance-Company at the TnoOtrhg duly held July 6, 1995, which are now in full force and effect: RESOLVED, that the President ° or any Vic6 President rn:conjunct on with`the Secietary;or any Assistant 'Secretary may appoint attorneys -in -fact or agents with, authority as defifi4 or limited in the instrument evideneriag th'e appaintment in each case, for -and on behalf of the Company, to execute ariddeliver'.and affix the seal of the Company o bonds;unbdertakings, recognizances,_ and suretyship obligations of all kinds; and said officers may iemove any such_attorncy-m-fact or,agent-and revoke anp power of attorney previously granted"such person. RESOLVED -FURTHER, that any on 7.7 undertaking; r`ecognizance,' or. suretyship obligation shall be valid_ and= -binding upon the Company when signed and sealed (if a seal°be.regaired) by one.oi;more att©ineys-in-fact pursuant to and°within the limits `of the authority evidenced by the power of attorney issued -by th6�Company.to�sueliperson or'persons _ RESOLVED FURTHER,.that the signature of any authorized offieer'andtheseal'of the_Company may be affix edby facsimile to any power of attorney or certification: thereof authorizing the execution and delivery of any bond; undertaking;�Yecognizance;°oY other suretyship obligations of the Company;_any such signature and seal when -so used -shall have.th4=:same force and effect as tliouglimanually affixed. IN WITNESS WH$REOF;_ Financial Pacific Insurance Company has caused these presents towbe; signed by its=prover officers, and its corporate sealro be'Hereunto affixed -this I2th of September, 2007. "vvvWC,l INSURE �OPP OR U. J� 22,`Ed' r J. Paoletti, Vice President .: Jo u R.`Hollingshead, Secr tart' 1986 w. . ,._..- STATE OF_CALIFORNIA, COUNTY OF SACRAMENTO _ On this 12th'of September, 2007 personally earn& before me Edward J. Paoletti,and John R: Hollingsheadto in known to be the individuals and officers of Financial Pacific Insurance Company, who executed the above instrument, and they have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. :IISA ROPER �. COMM. # 1755752 z Z � "NOTARY PUBLIC - CALIfORNIAE PLACER COUNTY 2,sa Roper ry P IC My Comm. Expires July 6, 2011 CERTIFICATE I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors se forth, and that the relevant provisions of the By -Laws of the Company, are now in full force and effect. 28th July 08 Signed and sealed at Sacramento, this day of 20 John ollingshead, Secretary Financial Pacific Insurance Company seal must be affixed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Bernardino On July 28, 2008 before me, N. Cruz notarypublic Date Here Insert Name and Title of the Officer personally appeared Janelle L. Miller Name(s) of Signer(s) N. CRUZ COViVl. #1674004 m W Notary Public-califorrtia co i SAN BERNARDINO COUM � fliMnrn, Ex , dung 10, 2010 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness ndgotary al seal. Signatu e Place Notary Seal Above Signature o Ic OPTIO A 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—Title(s):_ ❑ Partner ❑ Limited ❑ General 9 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: Signer Is Representing: Top of thumb here © 2007 National Notary Association - 9350 De Soto Ave., RO. Box 2402 - Chatsworth, CA 91313-2402 - www.N8tionaiNotary.org Item tl5907 Reorder: Catl Toll -Free 1-800-876-6827