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Home My WebLink AboutGEM Construction, Inc. - 2016-11-07DATE: TO: . FROM: SUBJECT: CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION 3/29/2017 THOSE LISTED HEREON Joseph Dale, PW Construction Manager Retention Release Payment - PO #22592 OJ Supplier #100281 Co. #209 Sports Complex Team Room, Project # CC 1390 Contractor's Name: GEM Construction, Inc. Address: 6565 E. Rosebay St City, State and Zip Code: Long Beach, CA, 90808 Phone Number: 562-270-9330 City Business License Number: (City Lic # Here) Notice of Completion (Date by City Clerk): 3/9/2017 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. I certify that there are no outstanding invoices on file. 1__�I, )IJ Date Travis K. Hopkins, Director of Public Works Zacks, Deputy City Treasurer I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. 7'1,�r"17 Date Robin Estanislau, City Clerk Attachments 1. Notice of Completion V u 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION City Treasurer City Clerk --zl- %7 /7 Bond Acceptance I have received the bonds for (y 1 (J S�LC��7c✓ /� (v . (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. �� MSC No. Other No. g1forms/bond transmittal to treasurer Approved /l 11 (Council Approval Date) Agenda Item No. City Clerk Vault No (000 ' s D SIRE System ID No. �`;/ %1 D Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: trD0C0LA00S14 1)w QR-CL� vu 1�3D4 S Proj ect: spb235 czkpoG 1�75hm The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this _day of K kwl,, 20-1, at California. G�K (Cusmk=,00, � a/ k6o�N, ku� vui (Contractor Name) APPROVED TO FOBN By: M�tvy ael E. Gates Attorney 1 I, (Name of CONTRACTOR'S CERTIFICATE state and certify that: 1. (,1 U002TCZ-UC_ QQ, 10c,- is the general contractor to the City of Huntington Beach ("City") on Contract No. CC h (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 1-�ot-) ��, 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. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE") � outs I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at 12 : 4 J -?QA on this ZCg—lt da , 20 1-- . (Signature of Declarant) APPROVED AS - ORM Michae . Gates City,Attorney Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: .10CIC_I' 9 0 The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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, color, religion, sex, sexual orientation, gender identity, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ?�i+- day of K./-Qx tf , 20 t _ - , at LLW6, V UYV-t - , California. (Contractor Name) APPROVED Michael E. Gates Cit , Attorney 1 Bond No. 070024007 MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That GEM Construction, Inc. (contractor's name) 6565 E. RosebE Street, ong eac 90808 (contractor's street address, city and state and zip code) as Principal (hereinafter called Contractor), and: The Ohio Casualty Insurance Comppanyy (surety's name) 62 Maple Avenue, Keene, Nrl U.34.3I� (surety's street address, city and state and zip code) a corporation organized and existing under the laws of the State of New Hampshire with its principal office in the City of Keene as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Sixty six thousand seven hundred Dollars ($ 66,700.00 ), equivalent to the entire contract amount including all change orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, WHEREAS, Surety is a duly admitted surety insurer under the laws of the State of California; and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and able to provide proof of bonding limitation shown in said circular is sufficient to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's, Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance; and Contractor has by written agreement dated 11-7 , 20_L6 entered into a contract with Owner for the Sports Complex Team Room - Project # CC1390 in accordance with drawings and specifications prepared by City of Huntington Beach which contract is by reference made a part hereof (hereinafter referred to as the Contract); and The Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and The Contract also provides that the Contractor shall secure Contractor's obligations during the one-year period with a bond executed by a surety duly admitted in the state of California; and The Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be March 8 , 20_L7 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) days following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. 15-4584/118138 1 Whenever the Principal shall be, and declared by the Owner to be in :default under the. Contract, which shall include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either: (a) remedy the default or breach by the Principal; or (b) shall promptly and faithfully .take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal; at its own expense, and make available as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to. discharge its obligations under this Bond shall be sub1ect to the advance written approval of the Owner. Within thirty (30). days. after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to 'give to the Owner a notice, in writing, of the Surety's election to (a) remedy the default(s) of the Principal promptly, or arrange for performance of the Contract promptly by a contractor other than the Principal, time being of essence to this Bond; In said. Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's default(s) or its. performance of the Contract. The Surety's:obliigations for cure or remedy, include but are not iimited'to; correction of. defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are. specified in the Contract, actual damages caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to the owner upon completion of the cure or remedy of the Principal's defaults) of its performance of the Contract. If: the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s) of its performance of the Work within thirty (30) days: after recelpt:of a written notice from Owner, Surety shall be deemed to be in default on this bond, and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use .of'any person or corporation other than the owner named herein or the successors of Owner. Signed and sealed this 21st day of:. March 20 ._ 17 PrincipalRaised. Corporate Seal [MUST BE AFFIXED] Principal Raised .Corporate Seal: [MUST BE AFFIXED] GEM Construction, Inc. (Contractor Name) M (Title) (Seal) The Ohio Casualty Insurance Company (Surety Name) By - David K. Mahler, Attorney -In -Fact APPROVED ASS RNI: NOTES; 71c'—h—ael E. Ga es, City Attorney f , Acknowledgments must be completed and returned' as part oft hebond. 2. Raised Corporate Seals are mandatory;, t( 3. Please attach Power of Attorney. 15-4584/I18138 2 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7614154 3 t� Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of.indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, David F. Druml• David K. Mahler all of the city of Foster City state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and: deed, any -and all undertakings, bonds, recognizances and other, surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by.the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney: ias been subscribed by an authorized officer or official of the:Companies:and the corporate seals of the Companies have been affixed thereto this 1 st day of February 2017 p�Zl' IiVS(iq P�1Nstif? y N5UR� H,c^vyc2i�� y2 jJcyopeorw;fJ.r� �� ,oea �r;�� T �F � 'r. 0 - 1919 0 > 1912 ° ¢ 1991 0 %S, yMAN1??�'`"�'sa �i)��'r•CHUS�s? � '/VOlnt<P � « * * STATE OF PENNSYLVANIA ss COUNTY OFMONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By; David M. Care ; Assistant Secretary On this 1 st day of February , 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. , 9A pgSr COMMONWEALTH OF PENNSYLVANIA MONwF�� Notarial Seal U \� r^ c s p Teresa Pastella, Notary Public By: OF Upper Merion Twp., Montgomery County Teresa Pastella, Notary Public �Q My Commission Expires March 28, 2017 ��51'lNP JG Member, Pennsylvania Association of Notaries �gRYg This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by. the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey AssistantSecretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any. power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually. affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of atbrney of.which`the foregoing is a full, true and correct copy of the Power of Attorney :execute& by said Companies, is in full force and effect and has not been revoked. = ' IN TESTIMONY WHEREOF, I"have hereunto set my hand and affixed the seals of said Companies this t 5 day of 20 . INS(, yJ��Penq��92 JJP�RPoagr��YrF �F�`-N'`'oft:oa,�T��c'F tiF�l,t�""'�"".� o e 1919 n 1412 ° ¢ 1941 By: Renee C. Uew , ssistant Secretary !'hMP'��-0D 9i) �'.S�CH`.iit��? bVDInNP Y LMS-12873_082016 40 of 100 CALIFORNIA-. •. a _A _A .A A A A a a A a\.at.a.AC'A\�i.a..a._a._a._A•_aZ_AQ_aa_a _a .A _A .A .a A a A a _a .A\_arC�\.A _T A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Mateo On March 21. 2017 before me, Soy Wong, Notary Public Date Here Insert Name and Title of the Officer personally appeared David K. Mahler 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 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. r SOY WONG r' Commission # 2051554 =m i; Notary Public California ` Signature M ` �Y i �4 San Mateo County ignature of Notary Public My Comm. Expires Dec 12, 2017 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �✓ .� a �ar �✓ •y •m � S'� 'Y6'a•4'N4-e+6C:.:�.��bi��e/ •ei 'L •a ri 'L •y r 'N •m ,y '"5's':'":V:-'s'�-y.i -a•�4-r�q'+ MutL�als SURETY CONSENT OF SURETY TO RIMUMOUM GftdbWTdNxRELEASE OF RETAINAGE Conforms with the American Institute of Architects, AIA Document G707A Bond No. 070024007 TO OkVNER: City of Huntington Beach rr\4mu'.rnd ml,lra•.,ey Department of Public Works 2000 Main St., Huntington Beach, CA PROJECT: Sports Complex Team Room, Project# CC1390 \'curt, and addre•nxr OWNER ARCHITECT CONTRACTOR SURETY OTHER ARCHITECT'S PROJECCNO: CONTRACTFOR: Construction CONTRACT I)AT E.D: November 7. 2016 In accordance with the Provisions of the Contract hetween the Owncr and the Contractor as indicated above, the (1--er'tnamearrda,G1rraa ,f.0 eny The Ohio Casualty Insurance Company 62 Maple Avenue, Keene, New Hampshire 03431 , SURFTY, on bond of Nrr.ccrt uamr anJ arGln.�s n(1 'nmractorr GEM Construction, Inc. 6565 E. Rosebay Street, Long Beach, CA , CONTRACTOR. hereby approves the , release of retainage to the Contractor as follows: Full Release The Surety aerces that ;uch Gi5jDlO kgL1C11xMTai;A release of retainage to the Contractor shall not relieve the Surety of any of its obligations to (lnseri mane and address of Owner) City of Huntington Beach Department of Public Works 2000 Main St., Huntington Beach, CA as set forth in said Surety's bond. IN WITNESS XVI IL•'RLOF, the Surety haws hereunto set its hand on this date March 29, 2017 d-ert nr a rrnrg th; m-,rh 1,41 rd hr elm rnnnrrrr dare and, The Ohio Casualty Insurance Company (Surety) (.Signature nrurrtLorrxd repro. enraricel [crest_ POSY INS&, h, o°aPa�°> e 199 David K. Mahler, Attorney -In -Fact 'y s� (Printed name and ride) a e O o It UPg� da L%15-12133 12100 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. c�e6o.eteetn . �ssasJ The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, David F. Druml• David K. Mahler all of the city of Foster City , state of CA each individually if there be more than one named, its true and lawful attorney -in -tact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1 st day of February , 2017 i� 1, 0 1919 `1912 1991 F A. m c STATE OF PENNSYLVANIA ss += COUNTY OF MONTGOMERY 'O The Ohio Casually Insurance Company Liberty Mutual Insurance Company West merican Insurance Company ay. �44 David M. Carey, Assistant Secretary ` a1 On this 1st day of February 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance t) to Company. The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes C 3 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. R d > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above wrilten. ate+ {Q P PAS COMMONWEALTH OF PENNSYLVANIA o �or+tie��Ff� Notarial Seal - i r Teresa Pastella• Notary Public By O ` of Upper Marion Twp., Montgomery County Teresa Pastella, Notary Public P My Commission Expires March 28. 2017 y O 'ypr � �`E' Member. Pennsylvania Association of Notarics Firy CW This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: tm M ` ARTICLE IV- OFFICERS -Section 12. Power ofAnorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject 1_ a; to such limitation as the Chairman or the President may prescribe, shall appoint such atlomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, O C acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so C W executed, such instruments shall be as binding as it signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under - 6' the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. W C ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for thal purpose in writing by the chairman or the president, > m and subject to such limitations as the chairman or the president may prescribe, shall appoint such atlomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, O seal, acknowledge and deliver as surety any and all undertakings, bonds, reoognizances and other surely obligations. Such auomeys-in-fact subject to the limitations set forth in their Z v respective powers of attorney, shall have full power to bind the Company by Their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such altomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, mcognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a furl, hue and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of -4.20L�7_ . ti{Y INS 'Nsts 7 f 0 191y a - 1912 1991 By: 0 _ Renee C. Hew sistant Secretary U 53 of l Oo LMS_12873_082016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Mateo On March 29 2017 before me, Soy Wong, Notary Public Date Here Insert Name and Title of the Officer personally appeared David K. Mahler 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 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. SOY WONG n Commission # 205155�1 ~-, : i I -1 Signature :.-;%,� Notary Public - California na re of Notary San Mateo County g Public My Comm. Expires Dec 12, 201 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact • Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: • Corporate Officer — Trtle(s): • Partner — 0 Limited 0 General • Individual ❑ Attorney in Fact • Trustee 0 Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 ;7 RECEIVED �BYY:/'� (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: /7 SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. %J� �� MSC No. Other No. g:/forms/bond transmittal to treasurer 6) 706L� V00 7 Approved //f 7 /4-6 (Council Approval Date) C� Agenda Item No. / 7 ,l City Clerk Vault No. (r70o , -S -U SIRE System ID NO. cTG Z�?b Document-2927028-Page-1 Page 1 of 1 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLC WORKS DEPARTMENT Jo seph oseph Fuentes P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 DOC Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder NO FEE *$ R 0 0 0 9 1 1 7 3 2 9$ 20170000981331:54 pm 03/09117 217 40S N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY 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 GEM Construction, Inc., who was the company thereon for doing the following work to -wit: Sports Complex Team Room, Project # CC 1390 That said work was completed 03/08/2017 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 0310812017, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract The Ohio Casualty Insurance Company, was surety for the bond given by the said company as required by 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. G-J__a_,(23 i Directo f Public Works or City Engineer Date City of Huntington 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. This document is solely the official business of 31tf h the City of Huntington Beach, as contemplated under Government code section. 6103 and Direc&rof Public orks or City Engineer Date should be recorded free of charge. City of Huntington Beach, California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) aboutblank 3/9/2017 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GEM CONSTRUCTION, INC. FOR SPORTS COMPLEX TEAM ROOM THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and GEM CONSTRUCTION, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as The Sports Complex Team Room (CC-1390) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, 1 16-5553/148087.docx including, but not limited to, all expenses incurred by ,or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5553/148087.docx D. The edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not -attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5553/148087.docx 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Sixty - Six Thousand Seven Hundred Dollars ($66,700.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within thirty (30) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents: CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5553/148087.docx subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5553/148087.docx 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 6 16-5553/148087.docx payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred ($500.00) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the 7 16-5553/148087.docx findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5553/148087.docx (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional. payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand 9 16-5553/148087.docx within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the 10 16-5553/148087.docx CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5553/148087.docx sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed 12 16-5553/148087.docx claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5553/148087.docx resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any 14 16-5553/148087.docx one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's 15 16-5553/ 148087.docx property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused, by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY TNTCT TV e NT(R Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5553/148087.docx 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above -mentioned insurance contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5553/148087.docx 26. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction 18 16-5553/148087.docx which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by 19 16-5553/148087.docx reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or 20 16-5553/148087.docx expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Joseph Fuentes, Public Works 2000 Main Street Huntington Beach, CA 92648 35. SECTION HEADINGS TO CONTRACTOR: Gem Construction, Inc. ATTN: Harry Muradyan 6565 E. Rosebay Street Long Beach, CA 90808 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5553/148087.docx 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other 22 16-5553/148087.docx whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5553/148087.docx 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5553/148087.docx IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on , 20 /(c> . CONTRACT CITY OF HUNTINGTON BEACH, a municipal corporation f e Stat of California By: PS FMUQCtt1J (print name) A44stu L4 (J „ _ ITS: Chainn President Vice -President City Clerk (circle on INITIATED AND APPROVED: AND By: Director of Ablic Works (print name) ITS: Secretary ! Chief Financial Officer Asst. Secretary ! Treasurer (circle one) REV M APPROVED: City Manager APPROVED A-9'XU FORM: Dtz 10t- o 25 16-5195/city-funded-construction-contract.doc — revised 04/2016 SECTION C PROPOSAL for the construction of SPORTS COMPLEX TEAM ROOM CC No. 1390 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 30 working days, 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 re -advertise 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, finds Toofl in the amount of ISIDD 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 fort% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date ReceivedBidder's'Si nature) 1 10/7/2016 PROJECT BID SCHEDULE Item No. Item Bid Amount in Figures 1. Construct ROMTEC Team Room from building components supplied by City as indicated on $ Uo, Drawings and SSDS. All other materials necessary to complete construction, including site work, identified on plans and specifications to be supplied and constructed by Contractor. Total Bid Amount Total Bid Amount in Words: 1 C�1 \ TRDO,-,t l� 14M Libe mutum. The Ohio Casualty Insurance Company suRET'i BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, GEM Construction, Inc. of Long Beach, CA (hereinafter called the Principal) as Principal, and The Ohio Casualty Insurance Company , with its principal office in the City of Keene New Hampshire (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach of Huntington Beach, CA (hereinafter called the Obligee) in the penal sum of Ten percent Of total amount bid Dollars 10% 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, successors, and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid dated October 11, 2016 for City of Huntington Beach Sports Complex Team Room NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terns of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date of said award; or if the Principal shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: otherwise to remain in full force and virtue. Signed, sealed and dated: October 6, 2016 By: GEM Construction, Inc. (Principal) The Ohio Casualty Insurance Company David K. Mahler (Attorney -in -Fact) S-137-Rev. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7470388 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, David F. Druml; David"K. Mahler all of the city of Foster City state of CAL each individually if there be more than one named, its true and lawful attorney in7fact-to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, anyand all undertakings, bonds, recognizances and other: surety obligabons;; n pursuance of these presents and shall be as binding upon the Companies as if they have been dully signed by president and attested by secretary of the Companies in their own prgper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized offfcer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 26th day of August 2016 American Fire and Casualty Company ''Noo,'qSGq J��pw�l/q9 JP�tNOURgw ,�PONy�R�^r. The Ohio Casualty Insurance Company F Liberty Mutual Insurance Company a 1906 o 1919 1912 O 1991 3 s s WestAmerican Insurance Company �Gy �".4.aM1lpi�� .ah, K•r;nrnv5r- �1 i7 Snc�'J- ! ^+DiaN` + 1 * * * By. STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary COUNTY OF MONTGOMERY On this 26th day of August 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 9P pgST COMMONWEALTH OF PENNSYLVANIA �Q o�MONWegr Fly Notarial Seal 1 v Emy, esa Pastella, Notary Public By; OF uth Twp., Montgomery County Teresa Pastella, Notary Public P mission Expires March 28, 2017 _V t.`1��Member, Pennsylvania Association of Notaries Fry This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as -binding as if signed by the.president and attested by:the secretary. Certificate of Designation — The President of the Company; acting pursuant to the Bylaws of the Company, authorizes David M. Carey; Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make;. execute, seal, acknowledge and deliver as'surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents.that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of:attorney issued by the Companyin connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty. insurance Company,: Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy:of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this �= day of _ 20 . p10 Cqs �0 INS(/ rNSU� NINSUq oav%wTc�9l� v� µVpg5.,G92� jJ'L�pvon'gJ�"v(cc' �Q�cv.pvY0 n a 1906 0 1919 1912 ° 1991 3 By: �'ifirit s ° x , a Gregory W. Davenport, Assistant Secretary u S t a t it7 C �U yLL c� L o t QC' oz 3. O au y C C "c of 'a >s OC d rn � a L f\ w� �a UT- O4 F- T- 34 of 100 LMS_12873_122013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Mateo On October 6, 2016 Date before me, Soy Wong, Notary Public Here Insert Name and Title of the Officer personally appeared David K. Mahler 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 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. SOY WONG Commission # 2051554> Notary Public - California San Mateo County ---f My Comm. Expires Dec 12, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. l Signature -.-,Signature 1�f Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class DIR Number .Dollar Amount % of Contract By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 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 the SPORTS COMPLEX TEAM ROOM, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. GEM Construction. Inc. Contractor 1 t, �Y President Title C-5 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. 74 rvw, C-7 GEM Construction, Inc. Contractor $�B President Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: GEM Construction, Inc. Bidder Name 6565 E. Rosebay St Business Address Long Beach CA 90808 City, State Zip (562 ) 270-9330 Telephone Number 982458 - B State Contractor's License No. and Class 04/03/2013 Original Date Issued 6/30/2018 Expiration Date The work site was inspected by Harry Muradyan of our office on October 3 , 2016. The following are persons, firms, and corporations having a principal interest in this proposal: C-8 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. GEM Construction, Inc. Company Name ........ ,�" §iature of Bidder Harry Muradyan Printed or Typed Signature Subscribed and sworn to before me this AWWay of DC, 0� , 2016 . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Californ County of Los Angeles ) On l 0 - 10 — Ica before me,1<'m6tetj Month, Day, and Year Insert me and Title of &otary personally appeared Harry Muradypt4 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 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. KIMBERLEY J. CLEMENT WITNESS my hand and official seal. Commission # 2097814 Z :'m 4 Notary Public - California i Z '' Los Angeles County D /7 My Comm. Expires Jan 23, 2019 Signature Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of at least one project involving the installation/construction of a "ROMTEC" modular construction building. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. City of Carlsbad 3825 Tamarack Ave, Carlsbad, CA 92010 2 9 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mike Williams (541) 496-3541 S'FE $289387 Romtech Buildinq Installation A-C-t-,AlCP � Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Responsible for building installation site work preparation, qra inq, excavations for structures, backfill. foundation, and pad construction. Whittier Union High School District g401 Painter Ave_ Whittier CA, 90605 Name and Address of Public Agency Name and Telephone No. of Project Manager: Reyes Mendoza, (562) 698-8121 Ext. 1535 $137,000 Sept. 2014 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Extension of a Kiln Room for Santa Fe High School. Work included excavation, structural steel, p um inq, electrical, rywa , and other specia y ra es. Please see attached list Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Provide additional project description to show similar work: C-10 Date Completed Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Harry Muradyan 1. Name of proposed Project Manager Telephone No. of proposed Project Manager: (562)270-9330 North East Community Clinic Commercial TI May 2016 Project Name & Contract Amount Type of Work Date Completed Chase Bank Commercial TI January 2016 Project Name & Contract Amount Type of Work Date Completed Applied Earth Sciences Commercial TI June 2015 Project Name & Contract Amount Type of Work Date Completed 2 Harry Muradyan Name of proposed Superintendent Telephone No. of proposed Superintendent: (562)270-9330 Menco-Pacific Commercial TI May 2016 Project Name & Contract Amount Type of Work Date Completed Chase Bank Commercial TI January 2016 Project Name & Contract Amount Type of Work Date Completed Applied Earth Sciences Commercial TI June 2015 Project Name & Contract Amount Type of Work Date Completed C-11 R((6Z?*))MTEC Date: 10/10/16 Re: Central Park Sports Complex Team Room To whom it may concern, I recently spoke with Harry Muradyan with GEM Construction, who is interested in bidding the Central Park Sports Complex Team Room, which happens to be a Romtec designed building. Harry let me know that in order to place a bid for the project, the bidders must provide proof that they have installed/constructed at least one Romtec building. GEM Construction is scheduled to install their first Romtec building in December. I have personally discussed the Romtec package with Harry Muradyan and have no doubt that GEM Construction is more than capable of installing the Central Park Sports Complex Team Room. Sincerely, Mike Williams Construction Manager Romtec Inc. To Whom It May Concern, My name is Harry Muradyan and I am the Licensed General Contractor for the following firms: 1. GEM Construction, Inc. #982458 2. Forever Active, Inc. #964095 I have been conducting all of my construction business under Forever Active, Inc. since 2010. However, Forever Active, Inc. also provides other non -construction related services. As of this year, my partner (from Forever Active, Inc.) and I decided to separate the construction business from Forever Active, Inc. hence ending up with a newly established entity called GEM Construction, Inc. I am writing this letter to explain that the experience factor has not changed, however the new company GEM Construction, Inc. was just recently established. Knowing this, my surety company fully supports and is providing the exact same bonding capacity for the new agency. Contact Type of Contract Date of Client Contact Phone No. & Project Amount Completion Name Person entail Address (818) 849-5054/ Commercial TI $202,000 5/2016 Menco-Pacific Artour Gevoian agevoian@menco-pacific.com Description: Clinic Building- Elevator Pit, Multiple Concrete Ramps, Accessible Restrooms, Bollards, V Gutter/Swale. Contact Type of Contract Date of Client Contact Phone No. & Project Amount Completion Name Person entail Address (818) 849-5054/ Commercial TI $469,000 1/2016 Menco-Pacific Artour Gevoian agevoian@menco-pacific.com Description: Chase Bank - Fagade Improvements, Structural and Site Concrete Work, Structural and Other Rough Carpentry Work. Ramps, Metal Framing, Drywall. Contact Type of Contract Date of Client Contact Phone No. & Project Amount Completion Name Person entail Address Applied Earth (818) 552-6000/ Commercial TI $350,000 6/2015 Sciences Shant Minas shant@aessoil.com Description: Combined (3) Units together as part of a corporate expansion plan. Work included framing, drywall, plumbing, electrical, low voltage, millwork, flooring and many other trades. Contact Type of Contract Date of Client Contact Phone No. & Project Amount Completion Name Person entail Address Whittier Union High School (562) 698-8121,1535/ High School $137,000 9/2014 District Reyes Mendoza Reyes.Mendoza@wuhsd.org Description: Extension of a Kiln Room for the Santa Fe High School. Work included excavation, structural steel, plumbing, electrical, drywall and other specialty trades. CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 http s: Hefil ing. dir. ca. gov/P WCR/ActionS ervlet? action=displayP WCRegi strationForm DIR's Contractor Registration searchable database: https:Hefiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. GEM Constructions, Inc. Contractor President Title kDate. .(01 L (., 1000040034 DIR #: C-12 a m Q Q cu a C- 0 Q n T. 0 cu cc N cc cu a 0 c� a c � n cu =r cuCD Co N =r O d ip O o Oo (p LO CD ca � CD co ^: l � CD `G 0 _. . .3 co O CD co . N — r r CDco �� m o: D O O N a yy '0 Ca - _i CD 0 ,n r CD D CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the construction of SPORTS COMPLEX TEAM ROOM CC No. 1390 in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: October 11, 2016 2:00 pm, 2nd FLOOR City Clerk's Office TRAVIS K. HOPKINS, DIRECTOR DEPARTMENT OF PUBLIC WORKS City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For SPORTS COMPLEX TEAM ROOM, CC1390 in the CITY OF HUNTINGTON BEACH September 21, 2016 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) Changes to Specifications to update new Bid Opening Date: Cover Sheet Notice Inviting Sealed Bids This is to acknowledge receipt and review of Addendum Number One, dated September 21, 2016 GEM Construction, Inc. 10/7/2016 Name Date By All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. L Q tp t� LU V ) 0 0 0 U� I 7< � �C L t O V 2 � N 0 0 r V THIS CERTIFICATE IS ISSUED AS CERTIFICATE DOES NOT AFFIRIN BELOW. THIS CERTIFICATE OF REPRESENTATIVE OR PRODUCER IMPORTANT: if the —c,,tjfi,,t, hl, the to— and conditions of the pol certificate holder In lieu of such ant PRODUCER Farmers Insurance JacMyn Yahiayan 7017 Van Nuys Blvd Ste.2 Van Nuys CA 914()5 INSURED GEM Construction Inc, 6565 E. Rosebay St. Long Beach CA 90808 818-670-8964 _ I FAg- Wc. m.i• 818-574-6667 Security National Insurance Company Farmerslnsurance�xci�ange_ I aid en�turyin—su�'ra—nce—C-om—p"any- 19879 21652 iiei_i REVISION NUMBER. THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, —EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POUCYNUMBER POLfCYEFF 1560—CyExp- GENERALLIABILITY MM D/YYYY MMIDD LIMITS �PREMlSEalEaL—nence CH OCCURRENCE 1,000,000 X COMMERCIAL GENERAL LIABILITY M�r TU mr� ) 50,000 "$ CLAIMS MADE N-1 OCCUR X A L I BI/PD Ded:$5,000 NA116297400 -D EXt (A�� on2 Rors-) Excluded — — — - — - 07/1212016 07/1212017 PERI�o DV INJURY $ 1,odo000 GENERAL AGGREGATE $ 2,000,000 FG�E,1'1_ AGGREGATE LIMIT APPLIES PER: POLICY X PRO. LOC PRODUCTS - COMPIOP AGG $ 2,000,000 AUTOMOBILE LIABILITY COMBINED ING ANY AU —LIMIT _.(Ea qccjdVnt) 1,000,000 To L$ L L 'W 6 A IED AUTOS SCHEDULED BODILY INJURY (Per pemon) $ . .......... 606310598 12101/201 -1— — — ___ AUTOS 6 12/01/2017 Oo�Ly 16 [flRED AUTOS NON -OWNED URY(Peracr;ident) $ . ..... AUTOS PROPERTY DAMAGE Per �cci_daertj_ UMBRELLA UAB X OCCUR A EACH OCCURRENCE EXCESS UA CLA'MS_MADE ER294130 11/2812016 07/12/2017 AGGREGATE 1E1 3,000,000 RETENTION $ $ WORKERS COMPENSATION ANY PROPOR/PARTNER/EX._ $AND EMPLOYERS'LIABILTY YIN XWC STATU- OrH- rFFICER EMBER EXCLUDED ECUs D NIA A09486406 FL -EACACC'2ENL(Mandatoryin NH) 07112/207/1212017 --H___ $ 1,000,000- 14 yes, de be under DESCRIPTION OF OPERATIONS below _E_.�DISEASE - EA EMPLOYE $ 1,000.000 RentedlLeased E.L. DISEASE - POLICY LIM11 $ low000 I A Equipment NA116297400 07/1212016 0711919047 150,000 Max Per Item Deductible: $1,000 DF--cR'P-nONOFOPERA-nONSILOCATIONS fVEfilC4Es (Attach ACORD 101, Additional Remarks Schedule, if more spcm is required) RE:CC-1 390 Sports Complex Team Room.. City of Huntington Beach, its Officers, elected Of appointed officials, employees, agents a auto liability, and this insurance is primary I and volunteers are named as additional insured as respects general and endorsement(s). and nd noncontributory with any other insurance of the additional insured as required by written contract, per attached Should any policy be cancelled before expiration date, BB&T Insurance Services will mail 30(thirty) days written notice to the Certificate holders which require such action per written contract or agreement, except 10 days notice of cancellation for non-payment of premium. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS.NOTICE WILLBE DELIVERED IN 2000 Main St, Huntington Beach CA 92648 0 1988-2010 AC6_RD__C_0RP0_RZON. APPPVED A� TO FORMThe ACORD name and logo are registered marks of ACORD All rights By: MICHAE1 E. GA —TES CITY ATTORNEY W OF HUNTINGTON BEACH COMMERICAL GENERAL LIABILITY CG 20 37 07 04 P0IiCY #: NA1 162972,� Insured Name: GEM: CONSTRUCTION INC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORSO COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ed �Pe 'on(s) orRENOVATING, L' ur Persons) Name of Additional Insured Person(s) or Location and Description of Complete, Orgahnization(s): CITY 0 C , IT Operations FHUN NG CIff O�'i4UNTI14C�BBEACH, ITS OFFICERS, RENOVATI NG,—T,�-K-1 NG DOWN WALLS. C T CT I ELECTED OR APPOINTED OFFICIALS, VARIOUS LOCATIONS THROUGHOUT THE 0 STATE EMPLOYEES, AGENTS AND VOLUNTEE7RSSTATE OF CALIFORNIA 2000 MAIN ST HUNTINGTON BEACH CA 92648 Information -required _,tocomplete -- this Schedule, if not shown a—b6ve, will be shown in the declarati4 Section 11 -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 endors 01ment performed for that additional insured and included in the "products - completed operations hazard". BLANKETI L INSUREDS - OWNERSy LESSEES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number. NA116297400 Endorsement Effective: "7/12/2016 12:01 a.m. Named Insured Countersigned GEM CONSTRUCTION INC, DBA: GEM CONSTRUCTION INC SCHEDULE !`me of Person or ®rrarizatin: ny person or orga a ron at the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy. M (If no entry appears above; information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, do the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site 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 intended use by any person or organization other than another contractor or subcontr project actor engaged in performing operations for a principal as a part of the same C. The words "you" and "your" refer to the Named Insured shown in the Declarations. D. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. Primary Wording If required q by written contract or agreement; Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall nct contribute to it. If required by written ;contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of 'your work" done under a contract with that person or organization. 49-0108 0711 May Include Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 1 Used with permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY i BLANKET ADDITIONAL INSUREDS - i OwNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number: NA11629"1400 Endorsement Effective: 11/28/2016 12:01 a.m. Named Insured Countersigned By. i GEM CONSTRUCTION 1NC I SCHEDULE — Name of Person or Organization: CITY OF HUN'TINGTONBEACH, ITS OFFICF,RS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN ST HUNT'INGTON BEACH CA 92648 VARIOUS LOCATIONS THROUGHOUT THE STATE OF CALIFORNIA (lf no entry appears above; information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Wh Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. S. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury' or "property damage" occurring after: (1) All work, including materials, parts or equipment 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 site 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 intenr�ded use by any person or organization other than another contractor or suboor>fractor engaged in performing operations for a principal as a part of the same project. C. The words "you" and "your" refer to the Named Insured shown in the Declarations. D. "Your work" means work or operations performed by you or on your behalf- and materials, parts or equipment furnished in connection with such work or operations. Primary Wor,_ding If required by written cotract or agreement: Such insurance as is afforded by this policy shall be primary 49-0108 07 11 May Include Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 1 Used with permission insurance, and any Insurance or self-insurance maintained by the above additional insureds) shall be excess of the insurance afforded to the named insured and shall not contribute to it. If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out aif "your work" done under a contract with that person or organization. Page 2 of 2 © ISO Properties, Inc., 2000 4"108 0711 POLICY NUMBER: 606316598 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGEIFORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage', provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form! This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below, Endorsement Effective: Countersigned By: 12/01/2016 Named Insured: GEM CONSTRUCTION INC SCHEDULE Name of Person(s) or Organization(s): City Of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers (If no entry appears above, ;information information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organi that Person or organ in Section 11 of the Co shown in the Schedule is an "insured" for Liability Coverage, but only to the extent i qualifies as an "insured" under the Who Is An Insured Provision contained ? Form, CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM. vl E 1 1.�1�t�Q��UI U�.� i � r �pROJECT: Sk;E) (Contractor Name) (Street Address) (City, State and Zip) TO: CrTY OF HUNTINGTON BF-ACH DECLARAl`ION Attached hereto Is a true and correct copy of the current Certificate of Insurance and Additional Insured Padomernent CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach t;CGty) and the above -named Contractor ("Contractor') for the above -described project ("Project"), I declare Tinder penalty of perjury under the laws of the State of California that the above statement is true and correct. Signed on '�/��{ c0 20t6at %xc.. YDI� 1 it (Date) State) (Signature of Individual Who Is Making WARRANTY Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in ccmpfrance with the Insurance requirements of the Contract for the Project. Said lnsuranco shall be Maintained fhrough and until the agiratton of all Warranties provided by Contractor, Said insurance shall contain Additkxmf Insured Endorsement CG 2010 1185, raying City as an additional Insured. Contractor shall supply to City, on at least an annual basis, a Certificate of Insurance and the aRnmendoned Endorsement evidencing continued coverage which meets the Contract rrequirea=ts, Si9nei d on 30y ZZT± x0 at LEA - �_ j ' (gate) (t'r ate) CONTRACrrOR: arks Ulm RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION City Treasurer City Clerk Bond Acceptance have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. 1390 MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Name) Approved // — % -7�� (Council ApproAllDD'ate) Agenda Item No. % City Clerk Vault No. �� "SZ SIRE System ID No.�� KNOW ALL PERSONS BY THESE PRESENTS. - WHEREAS, City of Huntington Beach (hereafter referred to as 'City") has, by written agreement dated 20. , entered into a contract Wth GEM Construction, Inc. _ 6565 E._Rosebay Street, Long Beac (name and address of Contractor) (hereinafter referred to as "Principal'), for performance of the work described as follows: Sports Complex Team Room, Project # CC 1390 (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; and Said Principal is required under the terms of the Contract to furnish, a bond guaranteeing the prompt, full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety°'); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided,financial strength ratings from reputable companies, such: as from A.M. Best, Moody's, or Standard & Poor's, to validate that Surety has positive ratings of being secure or Stable; and Surety is registered and listed with the California Department of Insurance, NOW, THEREFORE, we, the undersigned, as Principal, and The Ohio Casualty Insurance Company 62 Made Avernue, Keene, N a�1- (name'and address of Surety) as S�rrety are. held and firmly bound unto City in the penal sum of Sixty six thousand seven hundred and nojcents Dollars ($ 66,700.00 }, 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.trulyto be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally,firmly by these presents_ THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly; fully and faithfully perform each and all of the covenants, obligations and things to be done and. performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended':or.modified from time to time; and if the Principal shall indemnify and save harmless City and all of Gity's officers, agents and. employees (hereinafter collectively referred to as "Obligees') fromany and all tosses, liability and dama9es, 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 Contractor 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: ofthe Surety, under this Bond. Surety waives notice of any adjustment of contract or contract price, and any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees 154584/117174 Bond No. 070024007 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 Ciry on not less than a.quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the.Gontract as to all obligations and liabilities of the Principal which, survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and. Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any.defense which Surety has or may have by reason :of any failure of the Principal to execute or properly execute this bond. Dated. November 18, 2016 ATTEST GEM Construction, Inc. (Corporate Seal (Principal Name) ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) Name: Title: The Ohio Casualty Insurance Company ,(Surety Name) Name: David K. Mahler, Attorney In- •act (Signature of Attomey-in=Fact for Surety) ) 206-473-6200 (Area Code & Teleph.one Number for rSurety) APPROVED AS TO By: E..Gates, City Attorney f Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority ofanyperson signing as attomeyin-factmust be attached. PERFORMANCE BOND Page 2 of 2. 15-4584t117174 Bond No. 070024007 Premium Included PAYMENT BOND (LABOR AND MATERIALS) KNOW,ALL PERSONS BY THESE. PRESENTS:. WHEREAS, City of Huntin ton `Beach (hereafter referred to as "City.") has awarded to GEM Construction, Inc. Rosebay Street, Long Beach, (name and address of Contractor) (hereinafter referred to as "Principal"), a contract("Contract') for the work described as follows; Sports Complex Team Room, Project # CC 1390 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law, by a duly admitted surety insurer under the laws: of the State of California (hereinafter referred to as "Surety"); and Surety is certified:and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best; Moody's or Standard & Poor's, to validate that Surety has positive ratings of'being•secure or stable -:and Surety is registered and listed with the California. Department of Insurance. NOW THEREFORE, we, the undersigned Principal, and (name and address of Surety) as Surety, are held and: firmly hound unto City in the penal sum of Sixty six thousand seven hundred and no/cents dollars ($ 66,700.00 ), this amount being, not less than one:: hundred percent (100%0) of the total price set forth.in the Contract, in lawful money of the United States of America, for the payrpent'of which turn, well and truly to be made; we bind ourselves, and each of our heirs; executors, administrators, successors, and: assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay'any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materialsor services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with.re.spect to work or labor performed by such Claimant, or prevaling wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or anyamourits required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13NO 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 shaif inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns, in case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Pagel of 2 15-4584/117357 PAYMENTBOND Bond No. 070024007 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, extension of time, alteratiori,.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 pu'rsuanfto the authority of its governing body. Surety,, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this. bond.. Dated:: November 18, 2016 ATTEST GEM Construction, Inc. (Corporate Seal} (Principal Name) _ ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate). By: Name: The Ohio Casualty Insurance Company (Surety.Name) Name'. David K. Mahler, Attorneyy- -n-Fact (Signature of Attorney -in -Fact for Surety) (} 206-473-6200 (Area Code & Telephone Number for Surety) APPROVED AS B y. 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. Page 2 of 2 15-4584/117357 PAY1,4ENT BOND THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7470440 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, David F. Druml; David K. Mahler all of the city of Foster City state of CA each individually if there be more than one named, its true and lawful attorney in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and:: deed anyand all undertakings, bonds,.recognizances and other. surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed :by an authorized. officer or offcial of the Companies and the corporate seals of the Companies have been affixed thereto this 26th day of August 2016 No CAS tv INS �,Nsu,, N Nsua American Fire and Casualty Company 'RC �0P„aco;e�TFG9�'oNo_a„; �9� �o,,F•�figrq�� ,��:�,,,o �,` The Ohio Casualty Insurance Company U T n �� Liberty Mutual Insurance Company a a 1906 0 0 1919 n > , J y x 1912 y 1991 a WestAmerican Insurance Company _ (%: 6��6'N,�`a `'' �c\�aa �tisn f%/•. R14:cr°C 9iJ1�=',1CH'J�` l!� ?� :UaFia v d r By: � STATE OF PENNSYLVANIA ss David M. Care ; Assistant Secretary C A COUNTY OF MONTGOMERY C On this 26th day of August - 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v y Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, >,LL execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. (D £ O r > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O C fC P PAsT COMMONWEALTH OF PENNSYLVANIA / +' C Q��OONwFgrFll Notarial Seal U \ 4- Teresa Pastella, Notary Public- By; 0 d y of Plymouth Twp.,.Montgomery County Teresa Pastella, Notary Public `y = My Commission Expires March 28, 2017 3 R ` P O - y NSVIVF �G Member, Pennsylvania Association of Notaries - O y Rr Pam` Iv. tt R This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance 0 - +, Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Y c, to ,F Q1 ARTICLE IV= OFFICERS —Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O C ?; to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make execute, seal, Y u acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective y powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so '� a R executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary_ Any power or authority granted to any representative or attorney -in -fact under, > s the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. D d ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, oj and subject to such limitations as the chairman or the president.may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company tomake, executeM sear, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their' C x v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O ce Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- ~ fact as may be necessary to act on behalf ofthe Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the:Gompany's Board of Directors, the Company consents.that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified:copy of any: power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually. affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this O day of ! C�JI%' r� 1C�� 20 �.dD CASG �-0 INst,- ��- m o n Q 1906 np o 1919 n ' 1912 c 1991 By: Gregory W. Davenport, Assistant Secretary oJ nr.MJ'>r p` �ycianh 86 of 100 LMS_12873_122013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Cvl*L��ia a _A _A A A A A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Mateo On November 18, 2016 before me, Soy Wong, Notary Public Date Here Insert Name and Title of the Officer personally appeared David K. Ma 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 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. 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. a SOY WONG " i Commission # 2051554 Signature Notary Public - California San Mateo County Signat re of Notary Public My Comm. Expires Dec 12, 2017 `. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company , Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company information OHIO CASUALTY INSURANCE COMPANY (THE) 175 BERKELEY STREET BOSTON, MA 02116 Old Company Names Agent For Service KARISSA LOWRY 2710 GATEWAY OAKS DRIVE SUITE15ON SACRAMENTO CA 95833 Reference Information Effective Date NAIC #: 24074 California Company ID #: i 5133-4 Date Authorized in California: 11/17/2008 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: NEW HAMPSHIRE back to top NAIC Group List NAIC Group #: 0111 LIBERTY MUT GRP 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. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY WORKERS' COMPENSATION https://interactive.web. insurance.ca.gov/companyprofile/companyprofile?event=companyP... 12/2/2016 Company Profile Page 2 of 2 back to top © 2008 California Department of Insurance https://interactive.web. insurance.ca. gov/companyprofile/companyprofile?event=companyP... 12/2/2016 Surety Bonds - Certified Companies Page 15 of 23 DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: New York. New Hampshire Insurance Company (NAIC #23841) BUSINESS ADDRESS: 175 WATER STREET, 18TH FLOOR, NEW YORK, NY 10038. PHONE: (212) 770- 7000. UNDERWRITING LIMITATION b/: $7,959,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, Wl, WY. INCORPORATED IN: Illinois. NGM Insurance Company (NAIC #14788) BUSINESS ADDRESS: 55 WEST STREET, KEENE, NH 03431. PHONE: (904) 380-7282. UNDERWRITING LIMITATION b/: $98,604,000. SURETY LICENSES c,f/: AL, AZ, AR, CO, CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, Wl, WY. INCORPORATED IN: Florida. NORTH AMERICAN SPECIALTY INSURANCE COMPANY (NAIC #29874) BUSINESS ADDRESS: 650 ELM STREET, MANCHESTER, NH 03101. PHONE: (603) 644-6600, UNDERWRITING LIMITATION b/: $31,838,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: New Hampshire. NOVA Casualty Company (NAIC #42552) BUSINESS ADDRESS: 5 WATERSIDE CROSSING, SUITE 201, WINDSOR, CT 06095. PHONE: (860) 683- 4250. UNDERWRITING LIMITATION b/: $9,176,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WI, WY. INCORPORATED IN: New York. t Back To Top Ohio Casualty Insurance Company (The) (NAIC #24074) BUSINESS ADDRESS: 175 Berkeley Street, Boston, MA 02116. PHONE: (617) 357-9500. UNDERWRITING LIMITATION b/: $153,699,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, Wl, WY. INCORPORATED IN: New Hampshire. Ohio Farmers Insurance Company (NAIC #24104) BUSINESS ADDRESS: P. O. Box 5001 , Westfield Center , OH 44251 - 5001. PHONE: (330) 887-0101. UNDERWRITING LIMITATION b/: $199,714,000. SURETY LICENSES c,f/: AL, AZ, AR, CO, DE, FL, GA, IL, IN, IA, KY, LA, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, UT, VA, WA, WV, Wl, WY. INCORPORATED IN: Ohio. Ohio Indemnity Company (NAIC #26565) BUSINESS ADDRESS: 250 East Broad Street, 7th Floor, Columbus, OH 43215 - 0000. PHONE: (614) 228- 2800. UNDERWRITING LIMITATION b/: $4,549,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Ohio. Ohio Security Insurance Company (NAIC #24082) BUSINESS ADDRESS: 175 Berkeley Street, Boston, MA 02116. PHONE: (617) 357-9500. UNDERWRITING LIMITATION b/: $1,547,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, Wl, WY. INCORPORATED IN: New Hampshire. Oklahoma Surety Company (NAIC #23426) BUSINESS ADDRESS: P.O. Box 1409, Tulsa, OK 74101. PHONE: (918) 587-7221. UNDERWRITING LIMITATION b/: $1,550,000. SURETY LICENSES c,f/: AR, KS, OH, OK, TX. INCORPORATED IN: Ohio. OLD DOMINION INSURANCE COMPANY (NAIC #40231) BUSINESS ADDRESS: 55 WEST STREET, KEENE, NH 03431. PHONE: (904) 380-7282. UNDERWRITING LIMITATION b/: $3,460,000. SURETY LICENSES c,f/: CT, DE, FL, GA, ME, MD, MA, NH, NY, NC, PA, RI, SC, TN, VT, VA. INCORPORATED IN: Florida. Old Republic General Insurance Corporation (NAIC #24139) BUSINESS ADDRESS: 307 NORTH MICHIGAN AVENUE, CHICAGO, IL 60601. PHONE: (312) 346-8100. UNDERWRITING LIMITATION b/: $50,017,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, Wl, WY. INCORPORATED IN: Illinois. Old Republic Insurance Company (NAIC #24147) BUSINESS ADDRESS: P.O. Box 789, Greensburg, PA 15601 - 0789. PHONE: (724) 834-5000. UNDERWRITING LIMITATION b/: $103,399,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, VI, WA, WV, Wl, WY. INCORPORATED IN: Pennsylvania. Old Republic Surety Company (NAIC #40444) BUSINESS ADDRESS: P.O. BOX 1635, MILWAUKEE, WI 53201 - 1635, PHONE: (262) 797-2640. https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm 12/2/2016 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk December 13, 2016 Gem Construction, Inc. ATTN: Harry Muradyan 6565 E. Rosebay Street Long Beach, CA 90808 Re: Sports Complex Team Room — CC-1390 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincerely, 4 Estanislau, 4CM City Berk RE:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Dept. ID PW 16-063 Page 1 of 2 Meeting Date: 11/7/2016 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/7/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works Janeen Laudenback, Director of Community Services SUBJECT: Award and authorize execution of a Construction Contract in the amount of $66,700 to GEM Construction, Inc., for the Sports Complex Team Room project, CC-1390; and, authorize up to 15% in chanqe orders Statement of Issue: On October 11, 2016, bids were publicly opened for the subject project. City staff recommends award of a construction contract to GEM Construction, Inc, the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of approximately $91,000 are available in Fund 20945001 for this project. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by GEM Construction, Inc., in the amount of $66,700; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders. Alternative Action(s): Reject all bids and direct staff on how to proceed. Analysis: The Sports Complex was designed to accommodate a small Team Room that would be available for team meetings. This building would also provide a space for City Staff assigned to oversee the day-to-day operations. A building pad was previously constructed for this building as part of the initial construction of the Sports Complex. The proposed team room is comprised of a pre -fabricated modular building, whose components will be installed on site. This method of construction has been used for one other building on the Sports Complex site, as well as other small buildings on the Pier and the blufftop restrooms. After following normal notice and advertisement procedures, the first bid opening on August 30, 2016, yielded no bids. After considering other procurement alternatives and soliciting input from the contracting community, it was decided to advertise the project with a new bid opening on October H B -249- Item 9. - I Dept. ID PW 16-063 Page 2 of 2 Meeting Date: 11/7/2016 11, 2016. This solicitation resulted in one bid from GEM Construction, Inc., in the amount of $66,700. Staff has verified GEM Construction, Inc., license and references and recommends award of a construction contract for this project. The total estimated project cost of the project is $87,000, which includes the construction contract, project management, construction contingency, and supplemental expenses (inspection services). Public Works Commission Action: On June 17, 2015, the Public Works Commission reviewed and determined the project was in substantial conformance with the CIP. Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301 and Class 3, Section 15303 of the California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Map Item 9. - 2 HB -250- LOCATION MAP SPORTS COMPLEX TEAM ROOM Item 9.-3 Sports Complex Team Room C.C. NO. 1390 BID OPENING DATE: October 11, 2016 TIME: 2:00 PM ENGINEER'S ESTIMATE: $75,000 BIDS SUBMITTED (AS READ AT OPENING) No. BIDDER'S NAME RANK APPARENT BID AMOUNT 1 Allied e Corp 2 Collier Construction 3 G. F. Construction and Development, Inc. 4 GEM Construction, Inc. 5 NR Development, Inc. 6 R. Jensen Company, Inc. 7 SKC Company 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 CC-1390 Bid Opening Worksheet UJ Ul� A -D o - 0 C,7- //, 2-016 i J i 0 00 :z -04HI I J.30 gm C=D CD 71 SECTION A NOTICE INVITING SEALED BIDS for the construction of SPORTS COMPLEX TEAM ROOM CC No. 1390 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 projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on October 11, 2016. Bids will be publicly opened 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 $75.00 nonrefundable fee if picked up, or payment of a $100.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. http://www.huntingtonbeachca.gov/government/departments/public works/Bids/ 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 5% 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 Public Contract Code, Section 10263. 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 as determined by the AGENCY. 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 A or B at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of construction and installation of a Romtec "Modular Construction" building. The components of the building will be supplied by the City per the "Scope of Supply and Design" (SSID) documents. The contractor should have experience with this type of construction and is requested to list at least one similar project in their bid proposal. The contract shall allow the Contractor 30 working days to complete the contract. 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 6th day of September 2016, by Resolution No. 2016-58. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Esparza, Patty From: David Ward [dward@ocregister.com] Sent: Wednesday, September 21, 2016 1:10 PM To: Estanislau, Robin Cc: Broussard, Todd; Esparza, Patty Subject: Re: Notice Inviting Sealed Bids - Sports Complex Team Room Good afternoon Robin. Your notice is all set up and ready to go. I'll have the other proof to you shortly. Ad410200554 Run Date 9/29 Cost S207.00 PROOF NOTICE IN fo r tt POD 0 i CITY OF F PUBLIC NOTICE IS HEREBY GIVI AGENCY, invites sealed bids for the ab office of the City clerk, Second I^loo 92648, up to the hour of 2:00 p.m. on C Council Chambers unless otherwise po Copies of the Plans, Specifications, an of the Director of Public Works, 2000 V rnent of C, 75v 0( nonrefundable nonrefundable fee if seat by UPS gro special delivery). Plans, Specifications, on AGENCY website. http://www.huntinqtonbeachca.go Any contract entered into pursuant to tt Labor Code. Pursuant to the proisioi minimum prevailing rate of per diem wc,-: needed. to execute the contract shall b lations of the State of California, whirl Works, 2000 Main Street, Huntington Si "T" A P" % r- h r f"%% / .... ! 1- z On Wed, Sep 21, 2016 at 10:06 AM, Estanislau, Robin <Robin.Estanislauksurfcity-hb.org> wrote: Thanks Todd ... glad I copied you! From: Broussard, Todd Sent: Wednesday, September 21, 2016 10:05 AM To: Estanislau, Robin; David Ward Cc: Esparza, Patty Subject: RE: Notice Inviting Sealed Bids - Sports Complex Team Room And October 6, 2016 M. Todd Broussard, PE, MPA Principal Civil Engineer City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach, CA (714)536-5247 From: Estanislau, Robin Sent: Wednesday, September 21, 2016 9:47 AM To: David Ward Cc: Broussard, Todd; Esparza, Patty Subject: Notice Inviting Sealed Bids - Sports Complex Team Room Good mornincy, David. We would like to advertise the attached BID notification in the September 29, 2016 HB Wave. Let me know if you have questions ... Thanks! 3 Robin Estanislau, CMC, City Clerk City of Huntington Beach 714-536-5405 Please consider the HB City Clerk's office for your passport needs From: Broussard, Todd Sent: Wednesday, September 21, 2016 8:44 AM To: Estanislau, Robin Cc: Harper, Gloria; Dominguez, David Subject: Notice Inviting Sealed Bids - Sports Complex Team Room Robin, Please have the attached NISB advertised on: September 29, 2016 we October 6, 2016 Bid opening will be on October 11 @ 2:00 pm. Thanks 4 M. Todd Broussard. PE. MPA Principal Civil Engineer City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach, CA (714)536-5247 David Ward Legal Advertising Phone: 714-796-6764 Email: dwardLctocregister.com E-Fax: 714-347-2724 CZ) CD rk, J, CZ, i n A." SECTION A NOTICE INVITING SEALED BIDS for the construction of SPORTS COMPLEX TEAM ROOM CC No. 1390 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 projects 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 August 30, 2016. Bids will be publicly opened 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 $75.00 nonrefundable fee if picked up, or payment of a $100.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. http://www.hunting-tonbeachea.gov/gove=ent/departments/public works/Bids/ 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 5% 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 Public Contract Code, Section 10263. 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 as determined by the AGENCY. 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 A or B at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of construction and installation of a Romtec "Modular Construction" building. The components of the building will be supplied by the City per the "Scope of Supply and Design" (SSID) documents. The contractor should have experience with this type of construction and is requested to list at least one similar project in their bid proposal. The contract shall allow the Contractor 30 working days to complete the contract. 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 8th day of September 2015, by Resolution No. 2015-47. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Esparza, Patty From: Nicholas Becker [nbecker@ocregister.com] Sent: Wednesday, August 03, 2016 10:56 AM To: Esparza, Patty Subject: Re: Legal ad for the HB Wave - NISB CC-1390 Patty Esparza, Below is a proof of what will appear in the Huntington Beach Wave August 11, 18, 25, 2016. Cost $ 684.00 Ad # 10187308 ISECTION A NOTICE INVITING SEALED BIDS fort the :onstruction of SPORTS COMPLEX TEAM ROOM CC No. 1340 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that th? CITY OF HUNTINGTON BEACH, aG '. id ENCY. invites s-]led bids for the above stated projects and will receive such bids in file ;office of the dtf CWtk., •econd 4)or. 2G00 maul Street. Huntington Eeach_ C alfoune a2:— 8. up to the 11OUr of 2:OG p.nl. on Au lust K. 2016. Bids 'Pill be publicly opened in the �L9LIIT:,11 Chambers unless otll rnvisa posted. I !Copies of the Plans. Specifications. and contract 6-1- lmentS are available from the Office of the Director .cif Public huorks, 2000 Mail Street, Huntington Beach. CA Kt48, ur'on I av ment of a $75.00 nonrefundable fee if picked Up, or r_ayrnent of a $100.00 nonrefundable fee if 3,nt bV UPS around dehvlzr;e ?bidder shall pa; additional costs for 3re,Si2deli:erVl. Plans. c�pecifications, aiic contra+a CIGCLIIII I1t5 Call be tl0?�;11h adeCl free �on AGENCY Piebsite. httlx'1'!'APi�?;. hf111tllb�lt�!nl?eaC11Ca. gG'.'i :10': er11171�11t; aNl_t�Ijn1eI1tS;1?U��IIC 'PiCd'kS'EIC1S; I 'Anv contract zmter?CI Into rAIrSIJallt t�J MIS I10tICe b';III 1ncc- morate the ui-,visions of the State Labor Code. PLRSUarlt to the Ivr.-.isions of the Libor Code of the State of California. tha minimum pie'-ailinci rat' of per diem waaes for each waft, dassifi,_�2tbn or t,, r)e J -w orkinan needed t0 execute the cX'lltrast shall be those detemlined by the Director of IllduStrlal P.e lations of the State of 'Calrfonua. ,vhich are on file at the Office of the Director of Public I';Vorks, 21-100 Iviain Street. Huntington Bach, CA d2�,, O. �Ile AGEPdCY uvlll clerJuct 5?a retention from all Droclress pa',+m?nt& The Contractor rna4 SLIbStitUte all escrow hol&r surety of shoal `Jakle t0 the reterltion in accordance with the rravisions of the Public Contract Cola. Section 102E3. The Contractor shall be beneficial I-einer of the surety and shall recek e any interest thare c n: The AGENCY lieaffirmative IV ensures that minorit; business enterprises will be afford ed full Qpportunitr to submit bids In response to this notice and will n at be. dis4rjnnirlat.Vc aaanst on the basis of race. co bar. national orison. Rncestrv. sex. ..rreIicuon in anv con sic! ration Iea'Jilli tv` the El and -f c lltract. No bid shall be considered unless it is prelcared on the al?pro,�ed ProlDosil forms in con formance with the, Instructions to Bidders as determined by the AGENCY. Thie bid must be 3CConlpallled by a certified check_ casliie1's Check. or bidder's boll, made pavable to the AGENCY for an amount no less than 1011. of the amount bid. The successful bicdder shal be licensed in accordance0r with ':isians of the Business and Professions Code and shall possess a State Contractor's License Class A. or Bat the time of the Lid opening. The suc ce33ful Contractor and his subcontractors will be reirinre-:I to N82e3S IJusinesS liZellm from the AGENCY. All extension of unit prices will be subject to verification b.+ the AGEN CY. In case of a variation bete; een the Unit price and the exlensian, the unit once r;ill qo•: ern. Proieat Description: The pr:ieCt consists r,rullarlly of construction and installation cl Romtee "Wdular Construction" building. The components of the buildincl will be suP_ rliecl by the City perthe ••Scope of Sul)[Jv and Design" ;SSID? doOumants. The contract ,r 5111Dllld have, experience 'rJth this tyke Qf C'Qrl5trLIC1jQ11 alld IS I�queSted to list at IeclSt one similar project in their bill orojDosal. The contract shall allow the Contractor 30 vior kim) dmivb to complete the contract, The AGENCY reser.,es the right to reject anv or all bias. to ovaive anv irreqularitV and tc take all bids under advisement for a maximum period of Ors days ,BY ORDER cif the CITY COUNCIL of the CITY tDF HUNTINGTCiN REACH. CALIFORNIA.. the Sth day of Serdembar2015. by R?s_-duti_gn No. 2015.47. I IAtt e st. ,r Rabin EstanlSlau CITY CLERK OF THE CITY 0r HUNTINGTON BE4CH Publish HuntitiMm Reich ';Lave Aiiruist 11 15.2= 2016 101n .,0,, Sincerely, Nicholas Becker OC Register Obits/Legals/Celebrations 714 796 7968 fax 714 796 4902 F On Tue, Aug 2, 2016 at 4:36 PM, David Ward <dwardgocregister.com> wrote: ---------- Forwarded message ---------- From: Esparza, Patty <PEsparzagsurfcity-hb.org> Date: Tue, Aug 2, 2016 at 4:34 PM Subject: Legal ad for the HB Wave - NISB CC-1390 To: David Ward <dwardAocregister.com> Cc: "Estanislau, Robin" <Robin.Estanislaugsurfei . -hb.or >, "Broussard, Todd" <tbroussardn,surfcity_ hb.or > Hi David: Attached is a legal ad that needs to be published in the HB Wave 3 weeks in a row: AUGUST 11, 18, and 25. AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a 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 above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: August 11, 18, 25, 2016 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on August 25, 2016 Signature Huntington Beach Wave 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 Proof of Publication SECTION A NOTICE INVITING SEALED BIDS for the construction of SPORTS COMPLEX TEAM ROOM " CC No. 1390 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 projects 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 August 30, 2016. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office Of the Director pf Public Works, 2000 Main Street, Huntington Beach, CA 92648, uppon f0% ment of a $73.00 nonrefundable fee if picked up or payment of a $100.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. http://www, huntingtonbeachca.gov/government/departments/public_works/Bids/ 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 Re- lations 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 5% 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 Public Contract Code, Section 10263. 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 afford- ed 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 consid- eration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in con: formance with the Instructions to Bidders as determined by the AGENCY. The bid must be accom anied 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 I possess a State Contractor's License Class A or B at the time of the bid opening. The suc- cessful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension 6f unit prices will be subject to verification by the AGEN- CY. In case of a variation between the unit price and the extension, the unit price will gov- ern. Project Desertptlone The project consists primarily of construction and installation of a Romtec "Modular Construction" building. The components of the building will be sup- plied by the City per the "Scope of Supply and Design" (SSID) documents. The contractor should have experience with this type of construction and is requested to list at least one similar project in their bid proposal. The contract shall allow the Contractor 30 working days to complete the contract. 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 8th day of September 2013, by Resolution No. 2015.47. Attest: CITY CLERK OF THE CITY OF HUNT NGTON BEACH Publish untb9ton Beach Wave August 11 18 25 2016 10187308 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a 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 above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: August 11, 18, 25, 2016 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on August 25, 2016 Signature Huntington Beach Wave 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 Proof of Publication SECTION A NOTICE INVITING SEALED BIDS for the construction of SPORTS COMPLEX TEAM ROOM CC No. 1390 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 projects 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 August 30, 2016. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copieof the Plans, Specifications, and contract documents are available from the Office of the s of of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon pay- ment of a $73.00 nonrefundable fee if picked up or payment of a $100.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. http://www, huntingtonbeachca.gov/government/departments/public_works/Bids/ 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 Re- lations 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 5% 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 Public Contract Code, Section 10263, 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 afford- ed 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 consid- eration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in con- formance with the Instructions to Bidders as determined by the AGENCY. 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 A or B at the time of the bid opening. The suc- cessful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGEN- CY. In case of a variation between the unit price and the extension, the unit price will gov- ern. Proleet DeseriFtlone The project consists primarily of construction and installation of a Romteo "Modular Construction" building. The components of the building will be sup- plied by the City per the "Scope of Supply and Design" (SSID) documents. The contractor should have experience with this type of construction and is requested to list at least one similar project in their bid proposal. The contract shall allow the Contractor 30 working days to complete the contract 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 8th day of September 201S, by Resolution No. 2015-47. Attest: /a/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Publish Huntington Beach Wave August", 18, 25. 2016 10187308 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a 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 above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: September 29, October 6, 2016 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on ctober 6, 20 Signature Huntington Beach Wave 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 Proof of Publication SECTION A NOTICE INVITING SEALED BIDS for the construction of SPORTS COMPLEX TEAM ROOM CC No. 1390 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 projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on October 11, 2016. Bids will be publicly opened 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 pay- ment of a $75.00 nonrefundable fee if picked up or payment of a $100.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. - http://www. huntington beach ca.gov/governmenVdepartments/pu bile-works/Bids/ 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 ore of workman needed to execute the contract shall lie those determined by the Director of Industrial Re- lations 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 5% retention from all progress payments. The Contractor may tit subsute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. 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 afford- ed 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 consid- eration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in con- formance with the Instructions to Bidders as determined by the AGENCY. 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 A or B at the time of the bid opening. The suc- cessful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extensi6n of unit prices will be subject to verification by the AGEN- CY. In case of a variation between the unit price and the extension, the unit price will gov- am. Project Dozed it The Project consists primarily of construction and installation of a Romtee "Modular Construction building. The components of thebuilding will be sup- plied by the City per the "Scope of Supply and Design" (SSID) documents. The contractor should have experience with this type of construction and is requested to list at least one similar project in their bid proposal. The contract shall allow the Contractor 30 working days to complete the contract. 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 6th day of September 2016, by Resolution No. 2016.58. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON B CH Published: The Huntington Beach Wave September 29, October 6, 2016 10200554 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a 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 above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: September 29, October 6, 2016 " I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct': Executed at Santa Ana, Orange County, California, on ctober 6, , 016 r Signature Huntington Beach Wave 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 Proof of Publication SECTION A NOTICE INVITING SEALED BIDS for the construction of SPORTS COMPLEX TEAM ROOM CC No. 1390 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 projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2,00 p.m. on October 11, 2016. Bids will be publicly opened 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 pay- ment of a $75.00 nonrefundable fee it picked up or payment of a $100.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website. http://www.huntingtonbeachca. gov/govemment/departments/public_works/Bids/ 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 Re- lations 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 5% 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 Public Contract Code, Section 10263. 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 afford ed 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 consid•� eration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in con- formance with the Instructions to Bidders as determined by the AGENCY. 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 A or B at the time of the bid opening. The suc- cessful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGEN- CY. In case of a variation between the unit price and the extension, the unit price will gov- ern. Project Description: The Project consists primarily of construction and installation of a Romtec "Modular Construction building. The components of the building will be sup- plied by the City per the "Scope of Supply and Design' (SSID) documents. The contractor should have experience with this type of construction and is requested to list.at least one similar project in their bid proposal. , t , The contract shall allow the Contractor 30 working days to complete the contract. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisemen);for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of September 2016, by Resolution No. 2016.58. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published: The Huntington Beach Wave September 29, October 6, 2016 10200554 RECEIBY:, CITY CLERK RECEIPT COPY Return DUPLICATE to :A= City Clerk's Office (Namme)l after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION IOU TO: City Treasurer FROM: City /Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. ". Payment Bond (Labor and Materials) Bond No. `_Warranty or Maintenance Bond No. :>r TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. 1 2 9© MSC No. Other No. g:/forms/bond transmittal to treasurer Name) Approved 7 (Council Approval lDDJate) Agenda Item No. % City Clerk Vault No. � I ) SIRE System ID No. "/ T